Photogs Told Not Allowed To Photograph Kids In Public Park

bostoncommon.jpg

A pair of photographers began taking pictures of a large group of kids swimming in the Frog Pond at Boston Common when they were told they were not allowed.

But Boston Common is a public park, so they had every right to photograph the kids as they did in the above photograph.

According to the Picture/Day blog, run by photographers Tim and Cat.

as we were taking some pictures, a member of the staff, guarding the pond came up to tim saying it is "not cool" to take pictures of kids. they told him he was not allowed to take pictures, "especially of the children". he then asked to see the

Photographing kids is a touchy subject because you’re automatically labeled a pedophile.

If I am on assignment covering a parade or some type of event, I photograph kids if I see a cool picture, but then I try to talk to the parents and hand them my card and even show them the photo, not that I have to, but I really don’t want to be labeled a pedophile.

Other times I just keep shooting if I don’t see any parents in sight.

If I am not on assignment, then I try to avoid shooting kids as much as possible unless it’s a really cool photo.

The truth is, I like photographing kids because they are so natural in front of the camera.

But the stigma behind it, in the eyes of some people, is insane.

And then there’s this little tidbit from the comments section of Tim and Cat’s blog post.

 when tim was taken (talking?) to the other guard, i saw a little girl that looked upset. she was entirely alone. so i asked her where her parents were. we were standing in front of the toilets, and all she said was "i have to go to the potty!" i showed her which one was unlocked. but then i had the feeling she stayed in there a little too long, and still no sign of any parents. i went to the same guard that prohibited tim from taking pics, and told him that i was a little worried about this girl. finally she came out, and i told them i could not see her parents anywhere. all the guards then said was; ooh, she'll find them back...

in my opinion, if those guys were really concerned about the wellbeing of children, they would have made sure she got back, and they would also have reassured me that she would get back to her parents. there were hundreds of people there!!

But then there are comments like this one.

Someone hanging around frog pong specifically to take pics of kids in bathing suits is creepy. Post those pics on the internet and who know what pervert will start staring at them, and maybe go to frog pond to see the real kid. This is just common courtesy, if you're afraid to ask permission before photographing people you don't know, take pictures of something else.

Cat and Tim said they posted a complaint on the Boston Common Frog Pond Facebook page, but it got deleted.

According to an email interview with Cat:

at home, we found the facebook page of the frog pond at the boston common, and there tim posted a link to my blog and in brief that he was stopped from taking pictures similar to the ones you can find on my blog. this post was rather quickly removed, without any comment. he then again wrote on their wall:

at the frog pond today, i was asked to refrain from taking pictures. as the pond is a publicly accessible place i have now learned i was not doing anything illegal. the pictures i took are not in any way different from the ones on this facebook page. there are no regulations posted anywhere about photography in this area. i felt intimidated and bullied by the frog pond staff.

this was yet again removed and they also "deliked" him. i think that is rather sad.

So what do you guys do when you see a good photo opp involving a kid?

Comments

Its quite simple, if you take pictures of children, perverts might look at them. If you take pictures of women, perverts might look at them. If you take pictures of men, perverts might look at them. If you take pictures of grandmothers in wheelchairs, perverts might look at them. If you take pictures of exotic cars perverts might look at them...

Cuz

"Stranger Danger" run amuck.

The statistics show that kids are far more likely to be diddled by a family member, not by a random person on the street.

I was in New York's Union Square Park recently and witnessed something similar. I myself wasn't photographing the children's play area, but I was directly adjacent to it photographing some great trees. It was a very cool area, very photo worthy, but I heard some of the park guards shoo away photographers from that area because of "the children".

I executed the appropriate eye roll, but simply wasn't in the mood for that type of conversation that day. Sorry for not choosing to fight the good fight that day, Carlos!

i usually just use a long lens and try not to move the bushes i'm hiding in very much...

I generally don't because I figure it's not worth the hassle. Even if I don't get hassled at the time I take the photo, I'l catch hell if I post it online. Never mind that the kid isn't identified and there's no way in hell for some creep to find that kid, people will accuse me of all sorts of blatantly false crap.

I have a picture of a little girl in her swimsuit playing with a fountain at Battery Park in NYC. It's a cute shot and that's why I took it. It's a playful moment of life in the city.

I think the same people that complain about a shot like that are the measurbators who examine every pixel of a photo to tell you that your white balance is off, or some other nonsense that has nothing to do with the photo.

We're raising a nation of cowards and idiots.

The innocent and real expressions on children's faces has always played in major role in " Kodak Moments."

Unfortunately we now live in a sick society where anything can be abused.

I'm just gratefull Norman Rockwell isn't around any longer to deal with today's hangups. By today's standards, he might be considered a perv by many.

I'm sure the guards didn't hassle parents taking photos of their children even though images of other kids could easily end up in the frame. If parents can take photos, so can anyone else. I know that some people might find it creepy, but that doesn't negate the right to shoot in the first place. If a parent asked me to stop shooting their own kid, I probably would stop, but if I'm just shooting images like the one that accompanies this article, I wouldn't feel obligated to stop.

Best anonymous quote from the blog...
"There is no expectation of privacy in a public space. If you want to avoid having the scary box steal your soul, stay home and build a higher fence."

Amen. And the picture at the blog... You couldn't recognize anyone in it in the first place.

I usually avoided pictures of children, if their parents weren't identifiable, but if the photo op was there, I shot first and sought permission after. Working for a daily at the time, I needed permission anyway to print names of children. Most parents were cool, anxious to be able to brag that their "baby" was in the local paper.

There is certainly nothing illegal about it but I would certainly ask permission from the parents as a matter of courtesy and respect. It reminds me of that exchange in the Big Lebowski:

WAITRESS: Excuse me sir, could you please keep your voices down, this is a family restaurant.
WALTER: Oh, please dear! For your information: the Supreme Court has roundly rejected prior restraint!
DUDE: Come on Walter, this is not a First Amendment thing man.

That said, I do understand the frustration of hobbyist photographers who want to snap a spur-of-the-moment picture. And I also agree that parents are waaaayyyyy too paranoid these days.

As a parent of two young kids, I refrain from taking pictures of others' kids. If I saw someone standing around taking photos of my kids in bathing suits, I would ask them what they were doing. Probably it's fine but I don't want some creep taking photos of my kids.

I know you have every right to take photos of kids in public places, but sometimes you should not be exercising every right you have to the exclusion of others.

Sure, you have the right to take photos of my kids when they are in a public spot. I have the right to enjoy the park with my kids. There can be a collision there.

I appreciate your position, but there is no need for a 'collision.'
I take pictures of things I find interesting, unique, cute, etc. Sometimes this might include people. Sometimes this might include kids. (Little kids being little kids is usually hilarious.)
That doesn't make me a stalker or a pedophile or a pervert or a creep.
A friendly conversation maybe (I'll probably show you my pictures if you ask). Not a collision.

It's my responsibility to protect my kids. We'd have a conversation, I'd look at your pictures, see they were perfectly innocent, and all would be well.

Now, if you were evasive, retreating, not wanting to show your pictures... then it would be a different conversation.

I feel I have the right, nay, the responsibility to ask. You have the right to take photos, no disputing that.

If you're so concerned with the safety of your children, you should never let them leave the house.

"Probably it's fine but I don't want some creep taking photos of my kids."

As the parent of one young kid I ask you, how exactly would you determine if the person was "some creep"?

What would you do if you thought he (or she) was "some creep"?

I can think of three legal options.

1.) Ask him/her to stop taking photos. Of course, if he or she is really a creep that might not stop the photography session, or the picture-taking might just continue from behind the nearby bushes. If it's just some guy or gal who likes taking pictures which include kids, you are making an innocent person feel like they are doing something wrong even though he or she isn't.

2.) Leave the area. This has the effect of cutting off your nose to spite your face, you and your kids are going to lose the enjoyment of the area just because the photog is still there. Plus the photog might already have pictures you don't want him or her to have (you saw him or her taking photos which is why you were worried that the person was a creep, right?), so this doesn't really solve the problem of a creep having photos of your kids.

3.) Call the police, and ask them to investigate (and potentially harass) the person, even though the photographer is breaking no law by photographing in a public place where there is no expectation of privacy.

To me, it just doesn't seem worth doing anything about, unless you think that the potentially "creep" photographer is in some way an actual threat to your kids. Taking pictures of your kids, even if the photographer is a creep, doesn't make the photographer a threat. There's nothing wrong with striking up a friendly conversation, but it seems like there is little you would learn from such a conversation which would constitute actionable information.

A simple conversation would reassure me that the photographer is not a creep. Or at least a good actor.

It's my responsibility to protect my kids. Imagine hearing about photos of your kids in swimsuits on some pedophile web site? How would that make you feel?

1. I would not ask them to stop. I just want to be reassured that they are not going to be used for some purpose that is going to disturb me. I can't make anyone feel anything. If they feel they are doing something wrong because I had a conversation with them, that's on them. If they don't stop, then we leave.

2. I wouldn't do that before a conversation.

3. I wouldn't do that before a conversation... and probably not afterward either. I prefer to try to resolve things at the lowest level.

I hate to play this card, but are you a parent?

Never mind, I saw in another comment that you are indeed a parent.

Let me tell a brief story. A number of years ago, when the web was young and Facebook was still just for college kids, I built a web site where I shared some photos of my kids with my distant relatives. Foolish, trusting me did not password protect it. There weren't any bathtub pictures or anything like that on there.

One day I was reviewing the logs on my web site and saw a bunch of hits from some parenting web site. I went and looked, and some woman was claiming that my child was hers and using my photos to "prove" it. Fortunately people on the site had a clue and noticed that the photo was from a web site that did not have HER last name in the domain name. The password went on that day and the wall went up.

It was sickening to think that someone was using a photo of my kid like that. It would have been a heck of a lot worse if it was a photo of my kid in a swimsuit and depicted in some kind of sexual situation.

Maybe I should just get over it and expect that these things will happen. Maybe so. You can't protect your kids from everything. But you can exercise due diligence and do the best you can, and that's what I intend to do.

So, take pictures of my kids, expect to have a polite conversation with me.

I like taking photos of kids, they look so natural and interesting. It's a totally "cool" thing to do. I've been hassled by cops and others over it but you aren't breaking any laws.

Our country is so totally bizarre with 'stranger danger' that it's enough to make you sick. I'm really happy that John Walsh has finally lost his pulpit. His 'crusade' was all about the guilt he feels everyday over his son being abducted. But Adam Walsh wasn't abducted and John Walsh's guilt isn't because strangers are dangerous. It's because Adam Walsh was abandoned and left alone on a line by his mother. If Adam had not been left alone he would not have been abducted, plain and simple. John Walsh transfers that guilt onto others and blames strangers because it's less painful than accepting what happened.

I'm not saying that there aren't a few dangerous strangers in the world because there are but that they are less than .1% of the population. The vast majority of strangers aren't dangerous and they are only strangers till you meet them.

When I travel in Mexico the attitude is very different. I stop at schools when the children are out for play time and ride up to them on my motorcycle. They all want to shake your hand and say hola. These are some of my best memories of traveling in Mexico. It is a treat for both the children and myself.

I have a friend that migrated from Bolivia with her family. Her father is one of the gentlest men I have ever met. She tells a story of when they first arrived and were shopping in a large store. They came upon a lost little girl of about 3 years old. Her father, about 60 years old at the time, did what he would have done in Bolivia and picked up the young girl to comfort her and protect her while they searched for the mother or father. When they finally found the mother there were not only some ugly looks but also some ugly comments by both the mother and some of the store employees.

This is currently one of the things wrong with our country. I'd argue that when everyone is looking out for all children and protecting them as in the above example they are safer than what we currently have when good people are concerned about being accused of something if they get involved. This is because there are just so many more good people in the world than sick people.

I also think that anyone that thinks it's creepy to take a photo of a child is a creep.

So you have no sympathy for John Walsh when his child was abducted and murdered, even if it was the mom's fault for leaving him alone, but you get offended because I make a comment about low life's killing themselves because they fucked their lives up so much with poor decisions or because they can't handle it when a girl breaks up with them.

From the Frog Ponds Facebook page.

The Boston Common Frog Pond
Visitors at any public space have the right to take photographs and that is of course true at the Frog Pond. Please accept our apologies that one of our staff members aired on the side of over protection.
6 minutes ago · Like ·

I left the following comment on their Facebook (which I suggest everybody do), but it will likely be deleted.

Why is the Frog Pond staff confronting photographers and telling them that they can't take pictures because there are kids around? It's a public park and people can photograph whatever they want, including children. I suggest your train your staff regarding the law and a person's First Amendment right to take pictures in public.

Anyone in the Boston area up for flash mobbing the frog pond?

This is how I feel about the whole photography in public controversy.

Your constitutional right to privacy is extremely limited. My constitutional right to photograph you is not. In other words, if you, or your kids, are in a public place I will photograph you or them if I want to. I don't care if you're in your own yard, or in your house. If I can legally take a photo of you I will if I choose. I don't care if it upsets you. You have no constitutional right to not be upset, but I do have the constitutional right to photograph you. Get over it!!!

Rights can be eroded at both ends as demonstrated here. The problem at the end of authority is obvious. When photographers shy away from shooting something because of the perception of others then it gives credence to those that look to take our rights away.

When photographers tell others that they won't make images of children then they are feeding into the frenzy. If that continues then in time the right to take pictures of children will disappear and then we have to wonder where it will stop.

joe

To "Discarted" I love the idea of a Flash mob taking pictures of Frog Pond & if anyone's interested lets take some of the MBTA underground train stops before they rename the stops & put corporate logos on them.

http://www1.whdh.com/news/articles/local/boston/12004816389559/mbta-may-...

Please let me know if anyone is interested...

I'm in town and up for it. Contact me via discarted.com.

joe

Please contact me ASAP I would love to do something.

the frog pond facebook page now has a status update stating "Visitors at any public space have the right to take photographs and that is of course true at the Frog Pond. Please accept our apologies that one of our staff members aired on the side of overprotection."

That would be a great smartphone advertisement, an employee at this park harassing a photographer, and the photographer takes out their phone, and shows the person the facebook status update showing that yes, photography is allowed, and heck, might as well go on to posting on the wall that "'insert employee's name here' is harassing them while taking photos, right now, regardless of the policy, and then even attach a video of the encounter."

I've never gone out to just photograph kids, but they are everywhere and sorry helicopter parents, if they are where I'm shooting they are getting photographed. Don't like it, keep them home.

Yes its legal to take pictures of children in a public space when they have no expectation of privacy. Parents are in many cases hysterical nuts. If you give parents the creeps its legal for them to exercise free speech and call you a perv. ITs all legal. If that offends you tough. You do not have a right,to not to be offended in a free society. Its a two way street. IF you feel strongly about it by all means exercise your rights. Don't get your panties in bunch when others exercise theirs. Now some of you want to go make a big deal over it and in the end it will somehow end up making a play pond for kids less free.
IT may be legal but is it moral. That depends on the situation ,or Like in the case of porn. You know it when you see it. If I saw a guy with a big expensive camera. Taking shots I would be far less suspicious, then some guy with a cell phone. A professional or a serious amateur photographer would have no problem engaging in conversation with a parent and would be willing to show them what shots they took. That is what a Decent human being would do, when it involves a child who does not comprehend his rights. ITS up to decent people to protect them.
Most of you would say A cop is breaking the law when he interviews a child without council or a parent. It may not be Illegal to take photos but the same moral ground is bypassed when a child is photographed in a swim area. I am not talking about the street or a playground. A swim Area. Any adult should be able to comprehend the difference. It may not be illegal but without common sense and common respect then you have become nothing more then a Cop enforcing the letter of the law even when it is immoral.

Hear, hear.

There's exercising your rights as a photographer, and then there's being a jerk about it.

"I am not talking about the street or a playground. A swim Area. Any adult should be able to comprehend the difference."

I'm an adult, and a parent. I don't comprehend the difference to which you're referring. A kid can wear a swimsuit while walking down the sidewalk. A kid can wear a shirt and shorts in the pool. A kid can wear a swimsuit in a fountain, as in the artistic photo which tops this page.

If you were to say "I am not talking about a playground, I'm talking about a swimsuit changing area, any adult should be able to comprehend the difference" then I would agree with you. But there's no more expectation of privacy in a public swim area than in a public park, in my opinion.

You have right to your opinion so do parents who will respond to you when they see a adult at swim park without children of there own taking photos of other peoples kids. YOU will get hassled. The simple fact of the matter is that most parents MOST parents would find you Creepy. IF you hang out in railroad tracks you are going to get hit by a train. Those parents will be excersising there Constitutional rights to call you a perv standing in your shot. That is there right.You might think your an artist. Please dont bitch moan and complain about it when they do. I have no doubt that it would be completely constitutional for a town to make it illegal to take pictures in a swim area, if you have no kids of your own there. The supreme court would back that up as a matter of public safety out weighing the right of free speech. Then in your zeal to be right the rights of everyone will be again limited.

Actually, I think that the fact that a near landslide decision (only 2 dissenting votes) at the SCOTUS which ruled against California's laws prohibiting the sale of violent video games to children would show more support for the first amendment than it does for the children.

I think actually that has more to do with the army using video games as training tools to get kids used to killing has more to do with the supreme courts decision then you think. That is a lot of money. Lots of time invested by our rulers. So don't think it has anything to do with the first amendment. IF I actually believed we lived in a free country your point would BE a good one. The Armed forces LOVE violent video games they use them to recruit go to any Army Recruit Center.

You seem to ignore the general trends, soldiers tend to suck at call of duty, guitarists tend to suck at guitar hero, and athletes tend to suck at their sports in video game consoles.

The Government always seems to ignore general trends as well.

Where did you get these facts?

Me or Rich, for me, there's all kinds of stories about people who are very adept soldiers getting their butts kicked by teenagers in Call of Duty, there's a youtube video of the guitarist from Anthrax bombing on a song he wrote in Guitar Hero, and a band with Johnathan Coultan failing on the song "still alive" which he wrote in the game rock band....

I was talking to you Robert. A handful of youtube videos is hardly a trend.

It's not meant to say that being a soldier makes you incapable of playing an FPS, and playing a guitar makes you incapable of playing Rockband. It's meant to point out that the real world skills and the video games that are meant to emulate them are completely different skills, and proficiency with one doesn't usually translate into proficiency with the other.

Personally, I'd like to hear his justification to say that the entire supreme court (except for 2 dissenting justices) are conspiring with the US military to sell violent video games to kids to turn them into killing machine soldiers.

"Those parents will be excersising there Constitutional rights to call you a perv standing in your shot. That is there right.You might think your an artist. Please dont bitch moan and complain about it when they do."

Guess you ain't never heard the term "slander" before...

And you sure do go on and on about kids in swimming suits. Something you need to get off your chest?

you need to get a firmer Grip on reality, When people who live in dream worlds are hit with the facts of life they respond with accusations like that. Parents with Kids and apparently YOU. Maybe they will choose to word there insults so that they would not be legally accused of slander, but we don't live in a dream world do we. Good luck with that, my opinion is I think you are a Fucktart. I am basing that opinion on one post without any actual knowledge of who you are. Thats LIFE> This is reality, and the Reality is that people who take pictures of kids, who do not have kids at swim parks will be perceived as creepy. If you were to take pictures of my Kids I would wack you upside the head, then ask for a Jury Trial. How many Jurors do you think have Kids? OH THE INJUSTICE!!! POOR YOU BOOHOO Life isn't fair your still gonna have a bleeding skull and a rotten day. How many wackos like ME are at that swim park FUCKTART? You do not know do you? because you are not aware of reality.
NOW the NEXT post will be attacking my spelling WHY cause you have nothing but a dream.

And, when a celeb decks a paparazzo, who ends up going to jail and paying fines, and then gets a huge civil lawsuit for thousands of dollars?

Wow Rich. You are an angry man. Take a break and get a reality check yourself. Slander and assault and battery can be addressed in a court of law. Photography in public is protected by the Supreme Court.

Even in the crazy state of Massachusetts where I live you would get convicted of assault if you hit a photographer internet tough guy.

Wow Rich. You are an angry man. Take a break and get a reality check yourself. Slander and assault and battery can be addressed in a court of law. Photography in public is protected by the Supreme Court.

Even in the crazy state of Massachusetts where I live you would get convicted of assault if you hit a photographer internet tough guy.

Hey, Rich, it's easy to be a tough guy while hiding behind your keyboard, isn't it? Seriously, man, you need to get back on your meds.

I never claimed to be serious. Or anything else for that matter. The point is that many people do need to take meds
YOU should go to a spray park and take pics of kids, Keep doing it eventually you will meet a guy who is nuttier then I am. Good luck with that. IF trying to warn people that there gonna get slapped in the head is crazy then I am crazy. Sane people scare me.

I believe you are 100% wrong in your assertion that the SCOTUS would approve of a law that prohibits photography in a public place, even if the subjects are children. Photography is a recognized First Amendment activity, and the justices would be loathe to carve out an exception for children just was they didn't carve out an exception for kids buying certain video games.

Well maybe I am wrong. People are often wrong and often act without thinking. ITs a dangerous world.

Anger issues. Issues with children. No understanding of the Constitution or the term slander or photography. Art critic.

You say f*cktart, I say f*cktard.

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