Who's up for a photo protest on the Miami-Dade Metrorail?


After a 50 State Security guard attacked me last week for daring to enter into a Miami-Dade Metrorail station with a camera, I’ve been receiving loads of suggestions for an all-out photo protest where we swarm the stations with cameras to reestablish our right to take pictures on the transit system.

After all, Miami-Dade County law specifically states that we are allowed to take pictures or shoot video on the Metrorail without any prior permission.

The only exception is unless we are shooting for commercial purposes, which was not the case with me the last two times I was harassed nor would it be the case if we all swarm the stations with our cameras.

Unfortunately, neither the security guards nor the police who keep responding to these incidents have a clue over the actual law.

Here is what Miami-Dade County Code 30B-5 (2) states:

Commercial photography or recording. No person, unless authorized in writing by MDTA or the County Manager when appropriate under Section 2-11.14 of this Code, shall take still, motion, or sound motion pictures or sound records or recordings of voices or otherwise for commercial, training or educational purposes, other than news coverage anywhere in the transit system.

The law if further broken down in Miami-Dade County Ordinance Sec. 2-11.14 (2) (iii).

“[n]othing in this section shall require any permit from: (i) Individuals filming or video taping only for their own personal or family use; (ii) Employees of print or electronic news media when filming on-going news events. This exception shall not apply to simulations or re-enactments orchestrated by print or electronic news media; or (iii) Students and faculty filming exclusively for educational purposes. “

Furthermore, Eric Muntan, Chief, Office of Safety and Security at Miami-Dade Transit, personally told journalist Stretch Ledford that photography is allowed on the Metrorail unless it is done for commercial purposes. Ledford not only has an email from Muntan confirming this, he has a recording of a telephone interview with Muntan.

So I say we move forward with this protest this Sunday, August 8, at 1 p.m. EST.

The idea would be to meet at the Douglas Road Station, pay the $2 to walk through the turnstiles, pull out our cameras and then defend ourselves from the overly aggressive security guards who are guaranteed to attack us.

No, I’m just kidding.

The idea is to walk through the turnstiles with out cameras in large numbers so we overwhelm the overly aggressive security guards who will have no choice but to pull out their guns and shoot us.

I kid. I kid.

The idea is to walk through the turnstiles with our cameras in large numbers so we overwhelm the overly aggressive security guards who will then have no choice but to get on their radios and call for back-up and police, who will then arrive on the scene and seek me out and shoot me dead once and for all for making such an issue over this.

Ha ha. Yes, I kid again.

The idea is to show these sonofabitches that we are not going to let them trample upon our First Amendment rights.

Readers have also suggested to that we plan this protest nationwide at the same time and I would love to see that happen but as a realist, I understand that it would be nearly impossible to get enough people to join the protest in Miami.

After all, most people are purely lackadaisical when it comes to these things.

Even in New York, a city of more than 8 million people, only 100 photographers showed up to protest a proposed ban against photography on the subways in 2004.

But that protest along written protests from organizations such as the National Press Photographers Association was enough to force the Metropolitan Transit Authority to drop its proposed ban on photography within the city’s subway system.

So I’m throwing the idea out there. Nationwide. But it’s up to you guys to make it happen.

Comments

Anonymous
Anonymous

Ok… playing devils advocate here.

It says you cannot take photography or video for educational purposes. Couldn’t some interpret your doing so for the sake of posting it on this blog which exists to teach us all that photography is not a crime be construed as educational purposes?

You know I support your work 150% and believe you are doing a tremendous public service but the thought did occur to me, as I was reading the posted code, that some might just say you are shooting the pics/video to educate.

Thoughts?

Anonymous
Anonymous

Please read the final sentence in the second segment of the law I posted.

The law if further broken down in Miami-Dade County Ordinance Sec. 2-11.14 (2) (iii).

“[n]othing in this section shall require any permit from: (i) Individuals filming or video taping only for their own personal or family use; (ii) Employees of print or electronic news media when filming on-going news events. This exception shall not apply to simulations or re-enactments orchestrated by print or electronic news media; or (iii) Students and faculty filming exclusively for educational purposes. “

Anonymous
Anonymous

Time to hoist the black flag and start slitting throats. Viva la revolution.

Anonymous
Anonymous

I’m in if I can get down there…
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Anonymous
Anonymous

And in 7 days 20 hours 39 minutes 30 seconds you could sell t-shirts that read “Nevar Forget 8-8-10.”

Anonymous
Anonymous

Good luck with this. I’d be there but I’d have fly half way across the planet

Anonymous
Anonymous

I would definitely be there but I live all the way over in Idaho. That and I’m broke atm. lol

Anonymous
Anonymous

The exceptions are actually very limited and don’t really apply to you if you put your photos/videos on the web: “taping only for their own personal or family use”, you are not an “employee of print or electronic news media …filming on-going news events”, and you are not “students and faculty filming exclusively for educational purposes.”

It probably is legal to record there anyway, but not because of these exceptions.

Anonymous
Anonymous

I will be there.

Anonymous
Anonymous

Like a number of respondents, I’m on the wrong side of the country to participate. Shame, I even got camcorder and a pocket-cam after being inspired by this blog.

I would suggest participatants carry three documents: a copy of the letter the head of security sent to Carlos, a copy of the local laws saying video-recording is allowed in public spaces, and a pocket Constitution. When frisked (presumably a Terry search) and all these documents are found, it would make a interesting 6pm commentary during a TV newscast.

Anonymous
Anonymous

I suggest that you print the relevant section of the Miami-Dade County Code on T-Shirts for all participants.
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Anonymous
Anonymous

The fact that journalism is exempt from needing a permission, is key. Anyone who calls himself a journalist is per definition a journalist. The exemption can’t be limited to larger media, that would be iffy, so freelance photographers have every right to cover what’s newsworthy at the station. This is newsworthy.

Anonymous
Anonymous

Mike; the regulations say nothing about putting personal photos on the internet. The law also says nothing about being an employee of news media, only that shooting for news media – and many in the professional media would consider this sight a media outlet – does not require a permit.
The reality is that you’re as stupid as the security guards, Mike.

And Carlos – I’ll be there.
CLJ recently posted..50 State Security Guard Steals Camera

Anonymous
Anonymous

Okay, I’m game….But here’s the $69 question…Where do we go afterwards???????

Anonymous
Anonymous

DO IT!
DO IT!
DO IT!

But don’t just do it once. Do it once a month. Even if there are only three or four photographers there, the repeated attention you draw will convince law enforcement that it’s time to educate the power-crazed security dorks. The police are going to get real tired real fast if they have to keep responding to non-lawbreakers.

Anonymous
Anonymous

And hey, guys, focus on the issue at hand: our rights. Stop slamming each other and picking away at the fine print. Just go and assert yourselves.
Steve recently posted..I shake my little tush

Anonymous
Anonymous

Anyone in DC want to meet on the street outside a government building with cameras? FBI, DoL, Capitol have security/police that attempt prevent photographing government buildings from public streets.

Anonymous
Anonymous

I stand educated. Thanks.

If I could I would come and support you all the way. As I have said…. you are doing a huge service to all.

Anonymous
Anonymous

Bummer, I’ll be in NY on the 8th.
Man, I always miss out on the fun!

Anonymous
Anonymous

I’ll be there.

Anonymous
Anonymous

Unfortunately I won’t be back from NYC until August 17th. Would have loved to join otherwise!

Anonymous
Anonymous

Count me in, even if my only camera is my phone I’ll be there snapping away

Anonymous
Anonymous

Don’t forget to make a facebook event. Best of luck.

Anonymous
Anonymous

Nikolaus,
Move to Miami, the weather is better.
(I’m kissing Moscow goodbye for good in a few weeks.)
An idea:
Rather than have everyone pull out their cameras at once, I think it would really confuse the guards if one person started shooting to bring the guards out. Then have a couple more people pull and shoot and repeat the process until everyone is snapping/videoing.
If you were able to keep the guards in the center and move around them in a circle, that would really keep them confused.
Like cattle.

Anonymous
Anonymous

Count me in for Sunday.

Anonymous
Anonymous

Kai has it right, I think. Getting the guard’s attention on one person then in a non-threatening way for the other protestors to encircle (not surround, lest it feel threatening) the encounter between the first photog and the guards while filming/photographing would be very confusing I would think.

I would also like to strongly advocate that all involved be committed to a non-violent response no matter what the guards do. While I am sympathetic to the desire to defend oneself, I believe history has proven that non-violent protests are simply more effective. I also believe that it takes more courage and self control to stand up to the man and just take it.

If the goal is change, fighting back with violence will only serve to alienate the public. If you doubt that consider Ghandi & MLK vs the Palestinian movement.

Anonymous
Anonymous

I can’t be there in person Carlos but, I’ll drink a beer of solidarity for you.

Anonymous
Anonymous

Use brazillian jujitsu if a guard lays a hand on you.

Anonymous
Anonymous

I’d be down to do a protest in Portland. Only thing is, there’s no police or security on our light rail or streetcars. At least not at every stop and every train. I shoot video all the time and photograph and audio record all the time. But I’ll take time on Sunday to go out and take video. It’ll probably be boring. So that means your protest should be exciting. I can’t believe how much you have to put up with in Miami. Was that the same station as the first one? Anyway, it’s a great idea. I’ll share my video of a Portland protest.

Anonymous
Anonymous

I support this idea. I think the T-shirts with the law printed on them would be great. I live nowhere near Miami, but I’ll be there with you in spirit.

Just keep in mind that civil disobedience is a lot more effective if you don’t fight back. I recommend not punching back this time. It might hurt more in the short term, but in the long term, it will be far more effective. Make it very clear who the bad guy is, and share your story with the world.

Anonymous
Anonymous

Would love to come down from Melbourne, Fl. Let us know if you are going to go through with this.

Anonymous
Anonymous

Carlos,

A) You need to post a link here to the HDNet video (which fully exonerates you, BTW):
http://www.hd.net/worldreport.html

B) You need to have an attorney research the laws concerning expanding batons and if the guard in question has a permit to carry one.

C) You need to check with your attorney before engaging in a protect action like this just now

Anonymous
Anonymous

Johnny Law, you coming? So you can get some tazer practice in? Or perhaps a good work out with your baton. Or maybe just skip it all and go BART on us and shoot us in the back?

Anonymous
Anonymous

DJ ToddSmith

You keep it classy. So everyone has to speak with one voice here?

Anonymous
Anonymous

How much is the bail for “contempt of cop”? Always have the bail money just in case. Being prepared for the possibilities is just plain good scouting.

Anonymous
Anonymous

If the guards are stupid enough to attack anyone in the mob like they attacked Carlos. I say to anyone nearby to jump the guard like the passengers on United flight 93 jumped the hijackers.

Anonymous
Anonymous

@Joel Chandler

That works well enough in a practical sense as long as

a.) You’re MLK and not one of the many people who died for the cause along the way (until at least the Civil Rights Act was passed, anyway)

AND

b.) It’s not April 4, 1968

I suppose martyrdom is cool and all, but not the choice I’d make.

And I really don’t think the Palestinian/Israeli thing is nearly parallel, given the religious nature of that conflict’s roots. Way more than just colonialism and racism going on there.
Michaelk42 recently posted..Unsurprisingly- Pogan gets no real punishment

Anonymous
Anonymous

Carlos,

If I drive down from Boynton Beach, I’ll be armed. That’s the offer: me, camera, and sidearm. All or nothing. If you rather I didn’t, just say so.

Anonymous
Anonymous

Dear Peter…Keep your gun at home. Don’t get carried away, or attempt to use this issue for any other use. This isn’t a gun issue, its a photography issue. Focus on that.

Anonymous
Anonymous

I go with you in spirit, but this must be a peaceful demonstration, let the stupid security clowns be the bad guys, don’t forget there are people in control positions who want to keep this country under a false premise by always citing 9-11 as the reasons.

Anonymous
Anonymous

@Michaelk42

Thanks for your thoughtful reply. Perhaps I should clarify my earlier comments.

As a Floridian I whole-heartedly support our very liberal self-defense laws. I hold a concealed weapons permit and regularly carry a firearm (whenever and wherever it is legal). I believe in the right of self-defense and would not hesitate to defend a loved-one or myself.

With respect to our friend Carlos, I believe, after watching the HDNet video that he was justified in using force to defend himself against an unlawful attack. Legally, speaking, he was, I believe, the victim of a battery and possibly an aggravated assault once the security guard introduced the baton. I do not question his right or the right of any person to defend themselves in those circumstances.

My concern with respect to our planned outing (which I plan to attend) is that the purpose is to protest the unlawful assault, battering and harassment of photographers who are exercising their First Amendment rights. I believe in those circumstances using force, even when legally justified, is counter-productive.

As a person that embraces the concept of challenging authority, I realize that sometimes, it is better to simply “take-one-for-the-team.” It is better (more effective) to allow the authorities to show their true colors.

On numerous occasions I have engaged the authorities on the street while video tapping and photographing them. Over the past two years I have successfully litigated against sixteen public agencies in Florida. My point being that I am personally committed to challenging the abuse of authority. That commitment, however, is not a desire for confrontation; rather it is based upon a desire for change. I’m not looking for conflict simply for the sake of being belligerent.

No matter how aggressive the authorities may become it is important as a civil rights advocate to remain calm, polite and passive. When I say passive, I do not mean that we should not be assertive with respect to our rights, but that we should not give even a shadow of justification for any abuse that may follow.

I am advocating the assertion of our rights by legal means. If we provoke the authorities by violating the law or using justified violence then we will alienate the public. That is counter-productive.

At this juncture it might be prudent for all who plan to attend this outing to state what there intentions are. Are you planning to attend looking for justification to hit someone or are you planning to attend in order to demonstrate the absurd behavior of the authorities?

Anonymous
Anonymous

@Joel

At the same time, I don’t believe a commitment to defending yourself from physical abuse is the same thing as looking for justification to hit someone.

You can choose to “take one for the team” if you’d like, as a personal decision for yourself. That’s fine.

But I don’t think anyone else should be restricted in any way from lawfully defending themselves should the need arise.
Michaelk42 recently posted..Unsurprisingly- Pogan gets no real punishment

Anonymous
Anonymous

i would but i live in nc, sorry, wish you the best

Anonymous
Anonymous

Thanks for the heads up….we’ll be ready for you.
And Peter…hope you have good life insuance so I can provide for your family.

Anonymous
Anonymous

insurance, that is, not insuance.

Anonymous
Anonymous

I definitely need to fallow this, promises to be very entertaining.

Anonymous
Anonymous

As to violence, been there, done that, do not recommend it. It has its place, this is not one. He who loses his temper, loses. You want to embarrass them, not make martyrs of them.

Anonymous
Anonymous

Sorry, wasn’t trying to promote violence. Just trying to stir things up and made an inappropriate comment. I have no affiliation with them.

Anonymous
Anonymous

Read this: Florida Statutes 810.08/09

All Miami-Dade Transit Agency transit security officers,as official representatives of Miami-Dade County,are authorized to advise any person to leave these premises or conveyance.Failure to leave these premises or coneyance after being instructed to do so may result in an arrest for trespass after warning.This authorization includes the use of such physical force as reasonably appears necessary to eject any person who refuses to obey these orders to vacate the premises.

Don’t cry if you get man-handled on sunday.

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