SF Muni will update photography policy after incident with student



San Francisco fare inspectors have once again proven clueless when it comes to photographers’ rights.

This time, it took a 16-year-old high school kid to educate them.

The student was filming inside a rail car of the San Francisco Municipal Railway – what the locals call the “Muni” – when he was confronted by a pair of fare inspectors who told him he was not allowed to film them.

The student kept filming and kept asserting his First Amendment rights to film on public property. One inspector told him that it was not public property, but private property.

The railway is funded by the county and city, so you decide whether it is public or private property.

Another inspector threatened to sue him if his image appeared online, before demanding his personal information.

The student ended up being detained for 20 minutes.

The student filed a complaint and received a form letter response.

The story was posted on the San Francisco Appeal, which contacted Muni spokesperson Judson True, who refused to comment on this specific incident, but confirmed that the Muni is updating its policy of taking pictures inside rail cars and train stations.

“Yes, and the policy will say that non-commercial video and photography will be OK as long as it doesn’t disturb transit.”

“We have a little more work to do to get it written up and clarified. But we should have it soon.”

After all, this is not the first time fare inspectors have gone overboard with their authority.

Comments

Anonymous
Anonymous

It’s an old problem that public employees think that their places of employment are “private property”.

Anonymous
Anonymous

Many transit employees refer to their employers as “the company”. Some of it is a tradition from the days when they were private companies.

Some others do have a basis in fact. For example the Long Island Railroad is technically a private company. They still have stock except that the stock is no longer publicly traded since 100% of all outstanding shares are owned by the State of New York. So you might say it is a private company whose sole shareholder is the state. LIRR employees are not subject to the State’s public employee labor laws but rather to the same laws as the employees of the private freight railroads.

Its not as simple as everyone thinks.

Anonymous
Anonymous

judson has been saying he is going to deliver the policy for almost 4 months now.

i have dozens of emails with him saying the same thing, but refusing to give a timeline of when it will be posted publicly on the SFMTA website.

thanks for reposting this, man!

@nycphotorights: thats very interesting information, but doesnt apply to Muni. it is run by The City and owned by the public.

Anonymous
Anonymous

A policy change is a political reaction to maintain appearances. The two employees who harassed the kid should get a little education and the word should spread to their fellow workers not to play like they own the place, or they can kindly find employment elsewhere.

Anonymous
Anonymous

18 U.S.C. § 242. This provision makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

Anonymous
Anonymous

my name teresa i live in daly city i file complaint againt san francisco muni security on oct 10-09 sunday my and a friend was on 4th and market st about 4:40 walking toward mission st to get on the 14th mission to go home as we walk we saw the bus coming we hurry run got on the bus show our transfer walk toward the back of the bus because there were few passenge as we sit the bus stop at 8th and mission a male african security with eye glasses ask us to show him our bus transfer we did he said do you both know your transfer run out we said no then the security ask us for our calif id as i reach into my backpack the security ask us if we both are together respond yes security question number 2 and 3 are you both married respond back none security question number 3and 4 are you to sleeping with each other having sex respond back none while we were being ask personal question we were being told by security we wasnt cooperating security was going to call the police and we were going to be arrested the male security person was laughing at us he then gave me a ticket told me and my friend to get off the bus Iam filing complaint against muni sucurity person Butler m bade 62 inproper misconduct feel dont have to pay 75 dollars i wasnt late my transfer had time until 5:30 we got on the bus at 4:50 security was wrong you can reach me at 415-574-1889 call in the morning Im up early thank you respectfully yours teresa oct 16 -09

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