Pixiq

Last week, as I was coming down the steps to the L Train at the Union Square Station in Manhattan, I saw about 5-8 workers standing and sitting by a work train on the tracks. I thought it would be an interesting and unique photo, so I took a couple shots, and one of the workers yelled up at me "Hey, don't you take any photos of us!" and before I knew it he was up on the steps next to me, grabbed my iPhone out of my hand and refused to give it back. I told him he was breaking the law, and that I could take his photo if I wanted to. I am familiar with the MTA rules, and they allow photography within the subway system.

He said "Not if I don't want you to." I explained to him that in a public space you have no expectation of privacy, and I'm allowed to take his photo whether or not he likes it. After refusing for about 3 minutes to give me my phone back, I told him I was going to call the cops. He said go ahead, and I did. When the cops were finally on their way he handed my iPhone to my girlfriend, (not me) and ran back down the steps, AFTER he deleted 3 photos I took. The cops listened to what I had to say, and seemed concerned until I pointed him out and they realized he was an MTA employee. They told me he didn't break the law, and even if he did it was a civil matter and they couldn't do anything.

I said he stole my camera, and stole 3 of my images which belong to me. They said the images don't belong to me because they were images of him. I explained copyright law to them, and they asked what I did for a living. I told them I'm a photographer, and that's why I know my rights, and the laws about photography in NY. They again said that he didn't do anything wrong and that it was a civil matter. I asked them how I could pursue a civil matter, and they said to call his boss. I said I didn't know his name,so they told me to ask him. I asked him, he didn't answer, I asked the cops if they could get his name, and they said they couldn't. Then I tried to take his photo again so I could have it to show his boss, but his fellow employees shielded him. I managed to get the above photo of him but he's blocking his face. The cops then told me they were going to arrest me for harassing him if I kept taking his photo. I then said "what if I had physical printed photos and he took them from my hand and tore them up? Would he have broken the law then?" They replied "Let's not pretend here, let's talk about what actually happened" Then they told me to get on my train and go home, to forget about it. 

 

I ended up getting on the train and going home, furious. I filed a complaint with the MTA, although I'm sure nothing will ever come of it. 

Although I will likely get no resolution, there is a lesson to be learned here. 

#1: Set your iphone to automatic lock when you push the sleep button. If I did that he wouldn't have been able to delete my photos (though he might have broke my phone).

#2: Always get the name of the officers involved. In my fit of rage I forgot to ask their names. I could have filed a complaint against them, because they obviously acted biased once they knew he was an MTA employee, and they refused to do their job.