Miami-Dade Metrorail security guards still learning photography law
On Saturday, a group of South Florida photographers descended upon a Miami-Dade Metrorail Station to see how would we be received.
After all, after our successful photo protest last month in which we were welcomed with open arms with our cameras, another photographer was harassed for taking photos.
The first photographer to arrive on Saturday, a freelance Miami Herald reporter named Theo Karantsalis, entered the Coconut Grove Metrorail Station from inside after taking the train from up north.
The 50 State security guard immediately told he would not be allowed to take photos nor report on a story from inside the station.
Then Commander Al Pascuito arrived on the scene, who has proven to be the most courteous, professional and understanding of all the 50 State security guards I have dealt with since we were “permanently banned” for taking photos back in July, and informed Karantsalis that he would be allowed to take photos.
Pascuito also informed us that 50 State is in the process of distributing copies of Miami-Dade County Code 30B-5 (2), which states that non-commercial photography is allowed in the stations, to each and every one of its guards.
The guards are being asked to review the code and sign a document stating they have read and understood the county code.
In fact, they even had a laminated copy of the law at the Coconut Grove station as you can see in the photo below.
Here is what Miami-Dade County Code 30B-5 (2) states:
Commercial photography or recording. No person, unless authorized in writing by MDTA or the County Manager when appropriate under Section 2-11.14 of this Code, shall take still, motion, or sound motion pictures or sound records or recordings of voices or otherwise for commercial, training or educational purposes, other than news coverage anywhere in the transit system.
The law if further broken down in Miami-Dade County Ordinance Sec. 2-11.14 (2) (iii).
“[n]othing in this section shall require any permit from: (i) Individuals filming or video taping only for their own personal or family use; (ii) Employees of print or electronic news media when filming on-going news events. This exception shall not apply to simulations or re-enactments orchestrated by print or electronic news media; or (iii) Students and faculty filming exclusively for educational purposes. “
ABC Nightline, which was in town to interview me last week, also attended the outing and may feature it in an upcoming segment on photographers rights within the next few weeks.
To read all the background on our history with the Metrorail security guards, click here.
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Comments
its so nice when everyone just gets along…unfortunately it takes “everyone” being there, for everyone to get along sometimes…
IMAGINE-THIS SECURITY GUARD CONTRACT ISSUE IS FAAAAR FROM OVER. THEY STILL CRAP-DIP THE GUARDS AND RUN A NO-SERVICE REALITY SECURITY. THIS LITTLE "PHOTOG-TURBATION" OF POWER POSED BY CARLOS MILLER HAS N-O-T RESOLVED THE REVOLUTION'S KEY INTEREST POINTS-YET; THIS IS A TEMPEST IN A TEA-CUP WHEN COMPARED TO WIKI-LEAKS INTEL POURING ONTO THE WEB. AND WHAT IS SO MIND-NUMBING---WE WASTE TRILLIONS FIGHTING USELESS WARS AND PROPPING UP MINDLESS REGIMES THAT WILL COLLAPSE WORLDWIDE?1 DO WE NOT KNOW THE SAUDIS ARE DIE-HARD THUGS THAT NOT EVEN A CAMEL WOULD SLEEP NEAR? DO WE NOT KNOW ABOUT THE UFO'S -AND WHY ARE "THE POWERS THAT BE" SO DAMNED SCARED ABOUT THIS SUBJECT? NOTHING MAKES ME SMILE MORE THEN "A SUPERIOR RACE OF BEINGS UNSCREWING ALL OUR LETHAL TOYS AS IF TO SPANK A PETULANT CHILD"-OF COURSE I SEE IT AS "A REVOLUTIONARY"-AND I SUPPOSE IT DOES NOT SIT WELL WITH THE MILITARY WHO THINKS ALL POWERS OF CONTROL ARE AT THE END OF A CONSOLE BUTTON! DANGEROUS THINKING-BUT I SLEEP BETTER AT NIGHT KNOWING THERE IS "A TRUMP-CARD" IN THE SKY! I REALLY DON'T SEE THE HUMAN RACE AS THE MEASURE OF ALL THINGS WISE-NOT YET! THOSE IN CONTROL-HATE ABDICATING ANY OF THEIR PERCEIVED DOMINANCE OVER OTHERS-ESPECIALLY WHEN THEY NEITHER CONTROL EVENTS, NOR UNDERSTAND IT'S AGENDA! WHEN THE LOSS OF INTELLIGENCE MAKES THE BROKERS OF MANKIND CRAZY-IT JUST PROVES THERE WAS ABUSE GOING ON TO A MAJOR PROPORTION! THAT IS THE CRUX OF ALL THESE ISSUES-THE PEOPLE ARE ABUSED....
One win down, one million more to go. Bravo Zulu to all the photogs involved.
Well, well, it seams you may have gotten through, Keep it up.
I think the correct term instead of “journalistic” is “editorial” use, at least that’s the term I’d use.
the herald guy looks a double for kosmo kramer.
BUT-WE AT "THE REVOLUTION"---SAY THE MAJOR ISSUES WITH SECURITY IN DADE COUNTY----ARE FAAAAR FROM OVER!AS LONG AS THEY FOOL THE PUBLIC, AND ABUSE THE GUARDS, AND PAY THEM LIKE BEAN-PICKIN' MEXICANS IN A FARMER'S FIELD-----THERE WILL BE WORDS-THERE WILL BE TEMPERS-AND THERE WILL BE FORCED CHANGES AND EMBARRASSING PUBLIC DISCLOSURES-BET ON IT!
WHEN THE ISSUES LAND IN A LITTLE ROUND SAUCER ON THE WHITE HOUSE LAWN-WILL IT THEN PENETRATE YOUR CONSCIOUSNESS?!
What amazes, and angers me intensely-are the bloggers that are so attention deficit-that they think their little crisis issue, and parameters, encompass the TOTALITY OF CONTENTION!Why even argue back and forth, if you have never been there, or-in the case of gun blogs, owned or shot the weapon! These are incredulous debates that don't even penetrate the layers of the issues involved-yet-babble,babble--blah-blah-blah!THE ISSUE IS THE SUPERFICIALITY THAT THESE OUTSOURCED AGENCIES RUN UNDER-AND OFFER NO REAL CAREER OR STRUCTURE TO THE GUARDS! THEN-THEY HARASS AND INSTIGATE SUBTERFUGE EITHER BY THEMSELVES-OR AMPLIFY A CLIENT'S COMPLAINTS.IT WILL NOT CHANGE UNLESS ILLUMINATED-CONSTANTLY!
What amazes, and angers me intensely-are the bloggers that are so attention deficit-that they think their little crisis issue, and parameters, encompass the TOTALITY OF CONTENTION!Why even argue back and forth, if you have never been there, or-in the case of gun blogs, owned or shot the weapon! These are incredulous debates that don't even penetrate the layers of the issues involved-yet-babble,babble--blah-blah-blah!THE ISSUE IS THE SUPERFICIALITY THAT THESE OUTSOURCED AGENCIES RUN UNDER-AND OFFER NO REAL CAREER OR STRUCTURE TO THE GUARDS! THEN-THEY HARASS AND INSTIGATE SUBTERFUGE EITHER BY THEMSELVES-OR AMPLIFY A CLIENT'S COMPLAINTS.IT WILL NOT CHANGE UNLESS ILLUMINATED-CONSTANTLY!
The comment that he made about they all signed something that says they know the rules is crazy. I found this site and post because I just got hassled on the Miami-Dade Metro early March 2011. I was with a kid who commutes to school on a skateboard and the Metro. We were making a documentary about him. I don't know if a documentary is commercial or reporting. We were warned nicely when we were getting our tickets that we had to put our cameras away, because photography wasn't allowed. After we got going we decided since there was nothing posted, so we would shoot something otherwise we would have nothing. The rule sounded like a guards opinion not a law.
At a stop I saw a guard approach the doors I tucked my video camera next to me as I was seated next to a partition near the door, it was not visible. My camera case was under the seat. The guard went after the two young guys we had been filming not me. He was stalling the train and barking orders at these innocent kids. One of the young guys just happened to show up at the station when we arrived, and they knew each other from school. He wasn't part of the film just a lucky meeting. He hassled them both. He only let them go because he knew he was delaying the train. If he had escalated the event I would have told him it was me and take the heat. The guard said that another rider had complained about photography.
The point is they didn't ask what kind of photos we were taking ever. They saw a young kid and wanted to bully him. It made me mad. So I Googled Miami Metro Photography today and ended up here. I see it is a larger and still happening problem. These guards are jerks. What possible harm is personal photography going to do. If I was on vacation I would want to shoot video of my train trip. The fact that he yelled at the kids who would obviously not be doing anything commercial says a lot about how these guys haven't changed a bit
GENTLEMEN; THESE GLARING INSTANCES OF NON-COMMUNICATION AND WAFFLING AUTHORITATIVE PARAMETERS OF SECURITY ARE WAY MORE DISTURBING THEN INDIVIDUAL FREEDOMS AND RIGHTS OF ARTISTIC EXPRESSION. YES, ABUSE AND UNFRIENDLINESS TOWARDS RESIDENTS AND TOURISTS MAY COST US VISITORS TO MIAMI-AND YES, SUCH INABILITY OF 50 STATE SECURITY MAY COST THEM A BIG CONTRACT IN TIME-BUT THERE IS SOMETHING FAR MORE DISTRESSING HERE THAT MEETS THE EYE. A PROVOCATIVE "GAUNTLET" HAS BEEN THROWN DOWN BY PRESIDENT OBAMA;;RECENT ACTIONS DECAPITATING THE FIGURAL USAMA BIN LADEN FROM Al-QAEDA , STRIKING BOLDLY AT AN UNSTABLE LEADER IN LIBYA, AND PUSHING FOR ACCOUNTABILITY FROM A TERRORIST HAVEN COUNTRY OF PAKISTAN-SETS THE STAGE FOR A WELL-FINANCED AND MULTI-TIERED TERRORIST RESPONSE FROM THESE OFFENDED ENTITIES. SOME "HIGH LEVEL ASSETS OF CONCERN" HAVE BEEN WELL SCHOOLED IN VETTING WEAKNESSES-HERE IN SOUTH FLORIDA, AS WELL AS OTHER HIGH VULNERABLE TARGETS.IN THE FACE OF NO SIGNIFICANT IMRPROVED ANTI-TERRORIST TACTICS, BETTER GUARD ARMAMENTS AND UPGRADED TRAINING, AND BETTER COMMUNICATION-THE TIME MARGIN FOR DOING ANYTHING IS RUNNING OUT. THE AGENCY, 50 STATE, IS WOEFULLY IGNORANT AND DANGEROUSLY MANNED BY INDIVIDUALS AT THESE POSTS, AND WITHIN THE MANAGEMENT OFFICES-WHOSE ARROGANT AND BANAL ATTITUDES MAY WELL GET AMERICANS KILLED. THE CITIZENS OF MIAMI DESERVE BETTER-AND THE AGENCY HAS REFUSED, TIME AND AGAIN, TO KEEP EXPERIENCED AND SENIOR GUARDS (WHO KNOW WHAT THE HELL THEY ARE DOING, AND CAN MAINTAIN DECORUM WITH COMMUNITY STANDARDS)- (Favoring the mind-dolling mutant robots that make a sensitive contract that much more of a choice plum fruit for terrorist intrigue). UNTIL OUR COMMUNITY, AND OUR PRESIDENT, UNDERSTANDS,"YOU DON'T GET SOMETHIN' FOR NUTHIN'", THEN SPINNING STATEMENTS ABOUT "MOVING THE GOALPOSTS" ARE HOLLOW THROW-OFF ONE LINERS THAT PASS OVER THE UGLY TRUTH--------OUR ENEMIES CAN, AND WILL, EXPLOIT OUR SLOVENLY ATTITUDES TOWARDS SECURITY-AND DEAD AMERICANS WILL PAY THE HEAVY PRICE OF THAT SLOTH.
WE HAVE OUR OWN WAY OF "FEELING THE INTELLIGENCE" THAT IS THE RUN-UP, IN THE NEAR FUTURE, THAT WE FEEL IS CATASTROPHIC. WE ARE-NOTIFYING THE PUBLIC THAT CHANGES HAVE TO BE MADE-SIGNIFICANTLY, AND STRUCTURALLY. THE "POPCORN ROTATION OF POLITICIANS AND OUTSOURCED SERVICES"-ARE NOT GOING TO KEEP THE PUBLIC SAFE. WASTING TIME AND ENERGY OVER PHOTOGRAPHS AROUND THE METRO-RAIL WILL NOT MAKE THE PASSENGERS ANY SAFER THEN THE STUPID TERRORISM FLAVOR COLOR-CODES-THAT WERE ABOLISHED. ( FOR LACK OF INFORMING THE PUBLIC AND RELEVANCY). LADIES AND GENTLEMEN-SUCH NEGLECT IS SHAMEFUL-WHEN WE HAVE NO MANTLE OF SUPPORTIVE POLICY!YOU HAVE NO IDEA THE DAMAGES THAT WILL BE ENDURED DUE TO FOOLISH NEGLECT. THESE WARNINGS ARE THE INTELLIGENCE YOU SHOULD HAVE LISTENED TO PRIOR TO 9-11; AND SO AT GREAT RISK-BECAUSE THESE GOVERNMENT AGENCIES HATE THEIR NOSES BEING TWEAKED PUBLICLY- YOU HAVE THE TRUTH PRIOR TO SUCH EVENTS-AND WHAT PRECIPITATES SUCH DIRE CONSEQUENCES-W-E TELL YOU SO!
WHAT CARLOS NEEDS TO KNOW, WE-AT THE REVOLUTION-WILL NOW PROVIDE INSIDE INTELLIGENCE ABOUT YOUR ADVERSARY. 50 STATE CANNOT NOW PAY IT'S GUARDS ANY VACATION BENEFITS, ANY OVERTIME, AND HAD VACCATED IT'S OWNED BUILDING AT 1125 NE 125 STREET-MOVING TO A SECOND STORY CRAMPED CUBICLE HOVEL AT 915 NE 125 STREET. THEY MAY PLEAD BANKRUPTCY-SO SUE EARLY AND OFTEM-BOMBS AWAAAAAY! GOOD PICKIN'S AND THROW A VICTORY PARTY-THAT WE A-L-L CAN PHOTOGRAPH. THEY JUST COULDN'T STAND TO CHANGE THEIR GREEDY WAYS WITH OUTSOURCING-MILKING AND ABUSING AND ILL-TRAINING THE GUARDS. WHAT A SHAME----
AND NOW-THEY ARE NEARLY BANKRUPT-SUE AWAY, CARLOS-IT IS OUR TURN TO DRAW BLOOD---
AND NOW-THEY ARE NEARLY BANKRUPT-SUE AWAY, CARLOS-IT IS OUR TURN TO DRAW BLOOD---
Issuing memos to every security guard seems like really good training, doesn’t it. Shouldn’t they be getting their training *before* they are unleashed on the public? Its obvious from the confusion by the one guard not understanding the difference between journalistic and commercial photography that they aren’t doing much more than covering their asses when they should be educating their staff in a professional manner.
Its good to see the “Commander” putting out the word but its kind of like closing the barn door after the cows are gone. I have no doubt that the protests spurred this action on but I suspect that an attorney for 50 State recommended the move to shield the company from liability in the event of lawsuits. Being able to show that an individual security guard was informed of the laws and polices pertaining to photography, complete with signed acknowledgment from the guard, will help mitigate any civil action by a wronged photographer.
Still, its a step in the right direction for all involved.
Peter Greene recently posted..Lake Oswego Chefs Grow and Gather Dinnerjpg by Peter Greene
PETE, I HAVE ADDRESSED YOU GUYS OVER AND OVER-AND TO STILL ACT LIKE WIDE-EYED, FECKLESS CHILDREN- IT IS MORE THEN DISTURBING! I WAS ON THE INSIDE OF THESE COMPANIES-THEY PUT OUT A MARGINAL SECURITY PRESENTATION WITH LITTLE TRAINING AND NO AGENDA FORMAT. RULES ARE MADE AND BROKEN, DEPENDING ON WHO SCREAMS BLOODY MURDER. THEN-THE GUARD ALWAYS GETS BLAMED AND THE OFFICE MANAGERS JUST SHRUG IT OFF AND TWITTER AND SMIRK-AND LIFE GOES ON! THESE MANAGERS ARE WHOLLY WITHOUT CARE OR PURPOSE-OTHER THEN THEIR PAYCHECK. IF THE AGENCIES WERE INTERESTED IN PROTECTION-YOU'D SEE 45 ACP MILITARY PISTOLS ON THEIR SIDES, AND PUBLIC VIEWABLE POST REGULATIONS FOR PR . THESE GUARDS DID NOT, AND WILL NOT MAKE A CONTRACT DIFFERENCE EVEN AFTER SHAKING HANDS, FEET OR WHATEVER WITH CARLOS MILLER-BECAUSE THE ABUSES WILL GO ON AND THE BOTTOM LINE IS THE ONLY THING PROTECTED!
What it will do is shift the liability from 50 State to the individual guard. No shield from your employer when it is shown that you were operating outside of policy.
PERHAPS I WILL VAPORIZE A COUPLE OF THEM WITH AN ALIEN DISINTEGRATION RAY?!
(FRANK)-AND EXTENDING THE ABSURDITY-A CLIENT CAN REMOVE A GUARD-AND VIRTUALLY INSURE HE CANNOT GET A COMPARABLE JOB IF REASSIGNED-AND NEVER CONFRONT THE GUARD WITH AN ISSUE THAT REMOVED HIM. THIS CLIENT COULD BE PRIVILEGED TO A POLICE RUMOR ( WITHOUT AN ARREST COMPLAINT, OR A CREDIT CHECK (A F****ING CREDIT RATING ON A GUARD-GIMMIE A BREAK!),OR EVEN MORE TROUBLING-AN INTERNET SWEEP. THESE AGENCIES, THEIR OUTSOURCING, AND LACK OF QUALIFIED MANPOWER S-H-O-U-L-D BE AN AREA OF DIRE CONCERN TO YOU--AND THE PUBLIC!
Peter,
It wont stop a single thing.
If a guard, having signed and acknowledged the paperwork then stops a photographer from taking pictures both the guard and company he works for are still on the line for the problem.
You can still sure them and win, it would then be up to the company to sue the guard for damages due to not operating under the policy they had in place.
Sure 50 State will still be on the hook, but (being optimistic here) it gives them sufficient cause to FIRE any officer who hassles a photographer after signing that they’ve read and _understood_ the law. Now whether that’ll be put into practice or not remains to be seen. It’d be for the best if they do so, a few examples will send the clear message to all the others that making up the law as you see fit will not be tolerated by their employer.
I’m not holding my breath for that to happen however, but maybe it will. The fact that there was a laminated copy of the law handy and the security guards still didn’t know what it actually said isn’t very promising. Sounds to me like many of the guards simply don’t CARE what the law says, they’re just going to make up the rules as they go along and will continue to do so until they’re removed from their job.
pssst-I was soooo on the inside of these major security companies-which is why i am virtually banned for life!Do you toads want to listen to the voice of experience-or play verbal badminton with verbiage?! They use the guards to absorb the crux of guilt, complaints and damages---then fire them! The outsourcing agency never goes beyond meeting minimal requirements for client contracts-because it wants "no dead men telling tales"! This town,MIAMI, cannot even make a case against cat-killers, nor rapists, and seldom murder suspects. Do you really think that this entity masking as security is going to prevent anything-when there is such a violent disconnect between these greedy and gutless profiteering middle-managers-----and the feckless, abused guards? GEEEZ-SUS-H CHRIST, Y'ALL ARE DANCING AROUND THE ISSUES!
Carlos,
Thanks for the kind words. Hopefully, we are all on the same page now and there won’t be any more misunderstandings on 30B.
Funny that you had to do this twice.
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So the first get together protest was announced and there were no hassles, then a lone photog gets hassled. You organise another without it being announced and some get hassled until the guards are learnt better.
The message is slowly but surely getting through. Hopefully the lesson will not be confined to this single station, keep it up.
Maybe I’m just ignorant, but it seems like they are violating all sorts of freedoms. Wasn’t the transit system built with tax-payer money? Can it be construed as private property under those circumstances? If it is instead considered public property, can they prohibit commercial use of photographs? Or worse, can they really stop someone from taking them for personal use? What if it’s newsworthy, and you are neither staff nor stringer and hope to break into photojournalism on speculation? I just don’t see how they can put such restrictions on photography. Again, maybe I’m just ignorant of what is allowable under the law and the constitution.
Wow, good work Carlos and good work Al Pascuito at 50 State!
It’s a shame that people have to be a bunch of PITA’s to get organizations to follow their own policies and respect people’s right. I think this whole episode has shown a few things:
1) Even when the people at the top have the correct attitude it is hard to get the message out.
2) Getting the front line people to understand, interpret and execute legalistic prose is hard.
3) If someone isn’t a PITA and forces the issue, the top and the bottom will be at a long term disconnect and it will never get fixed.
When Carlos originally started on this, I saw a number of people posting about how he was provoking the response and why was he wasting everyone’s time. The answer to that is that rights start with small things. We need to stand up for our rights when the incursions on them are still small. The more you let slide, the harder it is to stop things when the incursions are truly serious.
The Bill of Rights lists things like freedom of speech and protection from unreasonable search and seizure because things had gotten really bad. We protect freedom of speech because being able to criticize the government and not be persecuted is important. Taking photos on the train is not important in itself, but each step encroaching on our freedoms makes it easier to strip truly important freedoms and harder to defend them. Stopping those encroachments is important and hard to do and easy to trivialize.
When we say you can’t take photos on the train, it becomes easier to say that you can’t take photos of police officers, or other public officials. If you can’t take photos or recordings, maybe you shouldn’t be able to write down what they say. Next, maybe you shouldn’t be able to identify them, or write publicly about them. And when we can no longer monitor, discuss and control the government we will have lost our freedom.
Again, kudos to Carlos and all the others involved for helping to protect everyone’s rights and freedoms.
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