So why is photography banned outside the Pentagon Metro Station in DC?
A Photography is Not a Crime reader sent the above picture which was taken outside the Pentagon Metro Station in Washington DC.
The reader states the following:
On one hand, I understand that this station is the Pentagon Station – leading hundreds of works into the Pentagon and I can understand why they would want to restrict photography and surveillance.
On the other hand, Metro policy says that photography is only restricted in places people can’t go (paraphrasing) like tunnels and service entrances. this sign was in the subway, in the area just outside the turn-styles – and is contradictory to the photography policy.
Upon further research, I came across a Flickr thread more than a year old that discussed this topic in-depth.
According to Bert Krages’ handy document The Photographer’s Right, photography can be restricted in military installations to “protect national security.”
So the question is, am I somehow being a threat to national security by posting the photo? If anything, it will inform the terrorists to leave their cameras at home when entering the Pentagon Station.
But it doesn’t say anything about weapons being restricted.
A guy named Mr. T. in DC stated the following on the Flickr thread.
I’ve said it before, the Pentagon is just a building, and none of the classified military information is visible from the outside, unless the employees are in the habit of placing their computer monitors on the window ledge. I don’t see why photography of the outside of the building is prohibited.
This policy has fostered something that actually hurts the military: the 9/11 conspiracy theories. If the general public were permitted/encouraged to photograph the Pentagon, and they were a little more open regarding visitors, there would undoubtedly have been clear, detailed photographs of the jetliner crashing into the Pentagon on 9/11/01. Instead, the security camera footage doesn’t show the jet, just the explosion, and hence has given credence to the conspiracy theorists who claim it was a missile. Plus, without dramatic images available like with the WTC, the Pentagon attack has been overshadowed in the popular memory, which is unfortunate.
So, I think allowing photography outside of the Pentagon and in the Metro station would be a good thing, and would actually benefit the military authorities in the event of any future terrorism. Obviously, photography INSIDE the Pentagon should be banned because that’s where the classified information is.
And a guy named A & D Photography who says he is in the military even agrees with him, but acknowledges there is not much we can do about reversing this policy.
I am in the military, I have been in secure areas, and been restricted from even more secure area, even being in the military.
Now, Mr. T has valid points and I understand and agree there is is no real reason why you cant photograph the outside of the building, and I don’t want to get into the whole conspiracy thing, this thread isn’t for that.
They have to draw the line somewhere, and the military will make the rules and you being a civilian is a loosing situation for you.
The military is targeted in many areas, and they are going to protect them selves in the most simplest ways. By restricting photography even when they might be open to the public.
Even if you are in public, and on private property you still can’t photograph is they say you cant.
And finally, Erin M. ended up requesting the official Pentagon policy restricting photography and she received the following.
The federal law that prohibits photographing at the Pentagon Metrorail station is Code of Federal Regulation (C.F.R.) Part 234, Section 15 (C.F.R.234.15). As mentioned in previous emails this regulation is enforced by the Pentagon Force Protection Agency.That actual code states: The use of cameras or other visual recording devices in restricted areas or in internal offices must be approved by the Department of Defense component occupying the space. Photographs for advertising or commercial purposes may only be taken with the permission of the Office of the Assistant to the Secretary of Defense for Public Affairs.
But the turnstile is neither a “restricted area” or within an “internal office”, so the question is, is there anything in the books that allows them to ban photography at the metro station?
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Comments
It seems like “the powers that be” can just post a sign to create a law. Where is the reality check here, and what are the consequences for not obeying a metal sign? WTF?
Rob´s last blog ..Hey Little Boy, You Want Some Candy?
If a camera can compromise security, then you’re doing it wrong.
If you aren’t already on the list, you are now!
Just kidding of course.
It is a simple scare tactic. Scare people to think that taking pictures in the area can compromise the security of our nation, and the public will be extra observant of what is going on around the area. At the same time the things we should really be seeing are going on on the other side.
It’s like an area I know of well. There is a building that has a super small AT&T sign on the building, and a mote all the way around the building. Outside of the mote is two chain link fences with barbed wire on them. This building looks like it is a top secret facility, but in reality is is nothing more than a storage building, with gardening equipment and supplies inside. About two blocks away is a small brick structure with telephone and internet equipment inside that could compromise an entire city if not more, but there is no security at all but a simple pad lock and a deadbolt.
People looking to cause a problem (terrorists) and dont know any better would probably target the wrong building.
Shane´s last blog ..Raising Your E-Commerce Sites Search Engine Rank
That photo was taken inside the station, not outside. The wall you see with the “Pentagon” sign on it is the inner surface of the barrel vault which forms the station’s outer boundary. This photo is just a few steps from the northbound platform, which sits much higher than other stations in the system (the Pentagon station is odd since the platforms aren’t on the same level).
To me, photographing military installations is pretty simple. If you want to argue with a guy who has a fully automatic weapon, and the freedom to use it as he pleases, go right ahead.
If you don’t want to have a closed-casket funeral in exchange for taking a picture… stay way from military installations.
Arguing your rights in a court of law is one thing. Arguing them with an M-16 will lose every time.
It’s (easily) arguable that the Pentagon station is not a military installation. The station is owned by the WMATA, not the DOD.
Don’t be misled, the FBI has plenty of video from surrounding businesses of what hit the Pentagon on 9/11. Up to this point, they have refused to release it.
Couldn’t the sign be interpreted as “no photography past this point” ?
Maria de los Angeles´s last blog ..About Maria
“Arguing them with an M-16 will lose every time.”
Tell that to the US government and its military.
So are drawings and taking notes not allowed either?
Why not prohibit cell phones, rucksacks/backpacks, and shoes?
All of which, have been used in terrorist attacks.
I don’t know who wrote to Erin (thanks for your help and support in the past) but they can’t even get the text of the CRF correct, not that I find the surprising.
Use of visual recording devices.
(32 CFR 234.15)
(a) The use of cameras or other visual recording devices on the Pentagon Reservation is prohibited, unless the use of such items are approved by the Pentagon Force Protection Agency, the Installation Commander, or the Office of the Assistant to the Secretary of Defense for Public Affairs.
(b) It shall be unlawful to make any photograph, sketch, picture, drawing, map or graphical representation of the Pentagon Reservation without first obtaining permission of the Pentagon Force Protection Agency, Installation
Commander, or the Office of the Assistant to the Secretary of Defense for Public Affairs.
This is from the Electronic Code of Federal Regulations and “e-CFR Data is current as of March 31, 2010 “.
There is an interesting case appeal USA vs. CREPEAU 1:07cr242 http://www.websupp.org/data/EDVA/1:07-cr-00242-8-EDVA.pdf were Ms. Crepeau was arrested for taking photos. She went to court and the charges were dismissed. She then appealed the dismissal because she believes she should have been acquitted. This allowed the USA to avoid a judicial review of the regulation which Ms. Crepeau wanted to happen. So the larger question of if the government can ban photography on the reservation hasn’t been tested. But from reading the appeal it seems if you decide to challenge your arrest the government will dismiss the charge against you if you are taking photos outside. Ms. Crepeau you are a patriot and the guy that arrested you is a pinhead.
There is a permanent exception in place for the memorial area.
This brings us to the question of if the Metro Station is part of the Pentagon Reservation or not. On this I have no idea if it is or isn’t.
If the station is part of the reservation photography is banned, if it’s not then photography inside the station is perfectly fine.
This could be something to do some research on and come up with a really good answer before going there to take some photos or not.
Duane Kerzic´s last blog ..2010-03-09 Yahoo Hard At Work
I have been in places where all of that was banned along with cigarettes, matches, lighters, lose coins. You had to change clothing before entering and chage back when you left.
Duane Kerzic´s last blog ..2010-03-09 Yahoo Hard At Work
The Metro station is on (under) the military base called the Pentagon Reservation, for what it’s worth. The Federal law quoted above therefore gives the installation commander the authority to ban photography.
Whether it’s a silly misuse of authority is a different matter entirely. I’m sure the framers of the law thought it would be used to ban pictures of super-secret Area-51 spyplanes, not the outside of urban administrative buildings, let alone public subway stations, for Pete’s sake.
Part 32 CRF 234 is about Conduct on the Pentagon Reservation so it was all about it being used to ban pictures of the outside of largest office building in the world.
Applicability. (32 CFR 234.2)
The provisions of this part apply to all areas, lands, and waters on or adjoining the Pentagon Reservation and under the jurisdiction of the United States, and to all persons entering in or on the property. They supplement those penal
provisions of Title 18, United States Code, relating to crimes and criminal procedure and those provisions of State law that are federal criminal offenses by virtue of the Assimilative
Crimes Act, 18 U.S.C. 13.
The question still hangs on if the Station is under the jurisdiction of the USA or if it’s part of property that’s under a different jutisdiction. As long as you aren’t someplace that is under the jurisdiction of the USA none of these rule apply.
Duane Kerzic´s last blog ..2010-03-09 Yahoo Hard At Work
Thinking logically, a terrorist with a camera is a terrorist without a bomb. That seems like it should be a good thing.
I think you misunderstand me. My point is that if you want to go and take pictures of a military installation, and they don’t want you to, some sniper is gonna drop you from 500 yards and you won’t even hear the bullet that kills you, or they’ll just send up a Predator drone and take out your whole neighborhood.
Your family could go to court and argue it, but you’d still be dead.
You can argue with the US Government, even though it usually just wastes your time. The US military scares the piss out of me. If they say jump, trust me, I’m gonna ask “how high?”
A couple of guys a few years back decided to argue about their rights with the entire British Army. They weren’t scared. We shouldn’t be either. I’d rather be dead then in chains.
K-
What an imagination you have. Are these scenarios taking place in the United States?
As far as I know the penalty for photographing military installations in the United States is not death by sniper or drone.
I was trying to remember the quote from V when he wouldn’t let Evey leave. He mentioned that she needn’t know the exact location, she could tell the color of the cement. Its all paranoia.
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There might be a secret gubmint installation in that station disguised as a token booth… could be the elevator entrance Maxwell Smart takes…
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