Spending More Than 5 Minutes Taking Photos From One Spot Can Land You In Jail In D.C.
Ever spend more than five minutes in a single location taking photos in an attempt to capture that perfect image?
That can get you arrested in Washington D.C.
The city that houses the Constitution, the Bill of Rights and the Declaration of Independence has a list of 159 minor offenses that can land you in jail.
The Washington Post obtained the list after the recent controversy where thousands of residents were arrested for expired tags was exposed.
The offenses range from construction code violations to fishing violations.
But the one that really seems to violate the First Amendment is listed under the subject “Photographer Violations,” which states the following.
Photographer - More than 5 minutes at location
It doesn’t go into detail, which means police can abuse this “violation” at their discretion.
Many photographers have taken photos in our nation's capital without getting harrassed or arrested, but maybe that's because police were not aware of this violation in the books.
But knowing how cops have searched in vain for laws to crackdown on photographers, don't be surprised if they start using this one now that they have become aware of it.
UPDATE: The Washington Post posted an update at 2:58 p.m., exactly 13 minutes after I posted this story, stating that the law was aimed at photographers who solicit tourists.
These rules, which date to before District home rule, appear to be aimed at a largely bygone corps of street photographers who mainly solicit tourists. There are a number of rules governing their conduct, including this: “While engaged in taking photographs, no person licensed under §521 or §522 of this chapter shall impede traffic as defined in the District of Columbia Traffic Acts; nor shall any photographer remain longer than five (5) minutes at any one (1) location on the streets, sidewalks, or other public spaces.” Hence the “More than 5 minutes at location” offense.
Please send stories and tips to carlosmiller@magiccitymedia.com
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Comments
And what if a photographer were there with a large format camera? Takes more than 5 minutes to set the thing up, let alone get meter readings and take the image.
Well, it should be interesting when this one gets challenged in court.
Wow. I wonder how long this has been on the books??? When I was in college, my photography class took a four-day trip to DC and we all took our cameras. We stayed in many spots longer than five minutes, and nobody bothered us... but this was in 1997.
the newspaper article was less than complete. Yes, there is a local law about 5 minutes but it refers to people who are under sections 521 (business licenses for photography for profit or gain) or 522 (individual photographers).
I am not an attorney but I did spend the night in a Holiday Inn.....
521 STREET PHOTOGRAPHY: BUSINESS LICENSES
521.1 No person, firm, or corporation shall engage in the business of taking photographs of any person or persons upon the streets, sidewalks, or other public spaces of the District of Columbia, for profit or gain, without first having obtained a license to do so from the Mayor.
522 STREET PHOTOGRAPHY: INDIVIDUAL PHOTOGRAPHERS
522.1 No individual not licensed under §521 shall take a photograph of any person or persons, for either direct or indirect profit or gain, upon any of the streets, sidewalks, or other public spaces of the District of Columbia persons, without first having obtained a license to do so from the Mayor as provided in this section
523.3 While engaged in taking photographs, no person licensed under §521 or §522 of this chapter shall impede traffic as defined in the District of Columbia Traffic Acts; nor shall any photographer remain longer than five (5) minutes at any one (1) location on the streets, sidewalks, or other public spaces.
"You see Officer, five minutes ago I was over there and now I'm over here getting a better angle. I define my location as the actual area I displace, about two square feet."
[http://www.pixiq.com/user/2614]
michael I see what the point of the law is now, it's to prevent random hawkers trying to make a business out of taking photos of tourists. The way it is written though, a licensed photographer taking photos at a wedding (with a permit) in any public venue would legally have to shoot for five minutes and leave.
I see some serious potential prior restraint violations related to having to get a license from the mayor. What are the requirements? What are the fees? Are they written down? Are they enforced even-handedly? What is your recourse if you are denied?
We need to keep in mind that the first amendment is one of the most strongly enforced of ALL of the amendments and allows virtually unlimited power to the individual person. Prior restraint is extremely rare to win in court. And the supreme court has ruled over and over that some reasonable time and place restrictions can sometimes be made. And most of those restriction tend to only be enforceable against gatherings of people. Individuals or small groups protesting can generally do as they want as long as they don't block traffic or driveways..
I just posted an update that clears up this law. We hope.
I think photographing anything in that awful place is a waste of time and effort. Those who would arrest you for doing so, obviously believe that it is a place so ugly and immoral that they would prevent one from being too exposed to it's affects on good and fully human people who visit there.
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