Wackenhut Security Guard Harasses Photog in Front of BoA Building

 

Photography is Not a Crime readers have done a tremendous job of helping me run this site by constantly sending me tips, stories and videos pertaining to photographers' rights.

Every once in a while, some slip under my radar because I'm busy when I receive it, so I file it away, intending to get to it later and then I just get more tips and unintentionally forget about the prior tip.

Today, a reader named Tom McElvy  mentioned that I had snubbed his video. Sometimes I do choose not to post a video if I don't find it particularly interesting.

But I usually always post videos where there is a confrontation of an authority figure against a videographer over the right to shoot in a public place.

In this video, Tom evidently has a history of being harassed by Wackenhut security guards in front of a Bank of America building in Norfolk, Virginia.

He does a good job of documenting the interaction as well as assertively standing up for his rights.

The incident took place last September, but it is still worth a view because we can learn from Tom how to handle these situations.

 

Comments

She may not know much when it comes to the 1stA, but at least she's somewhat cute looking.

It could have been worse. You could have had some big overweight "I knows what the law says, so don't you be ah question'en my authority"!

What's really funny is the look you kept on getting from the other girl on the right as she made her c-phone call.

Priceless!

Rail Car Fan

Oh man she is not cute at all and her stupidity compounds onto her ugliness

Carlos:

I used the term "snubbed" in jest; I know you have to be picky about what gets posted online, and I figured my video didn't make the grade. I was not upset or mad; I follow your column with every RSS I get! Your work is great, and it is wonderful to have someone like you with the b--ls to keep pushing the point!

Take care, my friend!
Tom

Carlos Miller - Photography is Not a Crime
Pixiq Expert

It's cool, Tom. I didn't take it personal.

Great. I have to go to Lakeland later this year, maybe I can get down to Miami and have a beer with ya... Take care and enjoy Columbia!

Good example of calmly interacting, using names, etc. One small note: The first amendment isn't at issue here, Wackenhut/G4 is not a government agency. The Bill of Rights is a limitation on government powers over citizenry, it doesn't apply to private companies.

The first amendment would have come into play if the police had shown up as they are an agency of the government, but until then, it's just a matter of you being a private citizen on public land who can film if he likes, and they (another private citizen) cannot exert imaginary authority over you. :)

Ben - thanks for the kind words. Carlos sets good examples for others to follow! As far as the 1st Amendment, it actually does come into play; a lot of folks don't realize this. Thinks of it from a civil rights perspective. Anyone who violates your civil rights commits a crime, hence my warning to the girl. Wackenhut/G4s was attempting to prevent me from taking photos of the BoA building from a public sidewalk across the street from the building! Clearly a violation.

Yea, it is probably a gray area, but since I am a member of the gray generation (smile!) I figure I could get away with it!

Again, thanks for the kind words. Take care!
Tom

Well done. Firm; but exceptionally polite.

I think it's important - as appears to be the case here - to give the poor minimum-wagers-with-tin (Security Guards) the benefit of the doubt that they are acting on what they believe are lawful orders of their supervisors.

Until and unless they go ballistic like some of the goons Carlos has had deal with @ Miami Metro

Watched the B of A Video.
There really is something delightful about witnessing someone with "We the People" vibes laying down the law to uninformed/uniformed "officers" who try to enforce a law
that doesn't exist.

Bob

Nice. I agree with Rail Car Fan, it could have been a lot worse. She is a cutie. LOL. Nicely done standing up against someone trying to assert authority that they dont have. Would have been interesting to see which way the police would have gone. You probably would have had to educate them on the law as well.

Thanks, Bob. Actually, I chatted with the police a few months prior to this particular incident; right after my first encounter with these "officers." the Norfolk Police agreed with me; I have the right, and the attempts to intimidate me or stop me are a violation of my civil rights, as well as harassment and possibly assault, depending on the events. Hey, I am always ready for a good legal battle! hahaha

I already saw this ages ago, are you sure you didn't already report on this Carlos?

It was on the on the old War On Photography site, Discarted's site and on YouTube.

That was actually kind of entertaining.. Attempting to enforce a law that doesn't exist. Under authority they don't have. At least she was cute.. Go ahead and get your people on the phone, it doesn't change anything, no matter what they say.

I would think that any attempt to detain you physically would justify force on your part, with a level commensurate with their aggression. It would be an attempted kidnapping after all.. And if they were going to break one law seriously I don't know why we would assume they wouldn't break more.. I'd feel my safety was in danger.

The simple fact is that security guards generally lack the right to detain you. You don't have to go with them, you can simply leave. If they lay hands on you it is their butts on the line. They will try and use their "authority" to cow you into submission, but they really don't have any. The friends of mine who have worked security tell me that in the case of shoplifters, unless they KNOW FOR A FACT that the person stole something and currently has it on their person, they are not to stop the person. The reason is that the person can EASILY sue them and they WILL win, not MIGHT, WILL. If they grab someone and they are wrong or the person doesn't have what they allegedly stole, its $$$$$$. Security for buildings isn't much different, they can come out and ask but if they hassle you its gonna be $$$$$ in your pocket..

I realy enjoyed the ease by which he said he'd have no problems talking to the cops..

Wackenhut, sounds like one of those stripper/jerk booths Sal the Stockbroker talks about on the Stern show.

The individual woman is required... a thousand times a day to choose either to accept her appointed role and thereby rescue her good disposition out of the wreckage of her self-respect, or else follow an independent line of behavior and rescue her self-respect out of the wreckage of her good disposition.It is well observed by Rankin.
curt
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