On May 1st, 2007, a Wackenhut security guard violated my First Amendment rights by denying me the right to take photos from the platform of a Metromover station in downtown Miami.
I am a photojournalist who was photographing the immigration rally marching through downtown that afternoon. A little after 6 p.m., I climbed to the second level of the Arena/State Plaza Station in order to photograph the marchers below.
I was immediately accosted by a uniformed Wackenhut security guard with the name “Perez” on his name tag and a Puerto Rican flag key chain dangling from his pants pocket. Perez told me that in absolutely no circumstances would I be allowed to take photos from the Metromover station.
When I asked him why, he said “because I said so.”
When I demanded a more legitimate reason, he said it was because his superiors told him not to allow anyone to photograph from the Metromover platform.
So apparently, Mr Perez’s misunderstanding of basic constitutional rights stems from Wackenhut’s upper management, which is not surprising considering this is not the first time I’ve had a Wackenhut security guard forbid me from taking photos in public.
Perhaps before they don a uniform and firearm and interact with the public, Wackenhut security guards should be required to read and sign this document on basic photographers’ rights. Perhaps Wackenhut’s upper management might gain some enlightenment from this document.
In a nutshell, photographers are allowed to photograph anything from a public street, park, sidewalk and even public transportation station. And this means anyone carrying a camera, not just members of the media.
Mr. Perez objected to having his photo taken, telling me, “I did not give you permission to photograph me”. Again, if we are both standing in public, I have every right to photograph him. But in all honesty, I would have never photographed him had he not accosted me.
Now the usual response to the crackdown on photographers’ rights is that “9/11 changed everything”. But it hasn’t changed the First Amendment. At least not yet.
So until it does, I will continue photographing from public structures regardless of what Wackenhut security guards tell me. And I will continue photographing these guards and demanding a legitimate reason for their orders.
And I will continue documenting these instances with name, date, time and photo to show the world that these are not isolated instances, but, in fact, regular abuses of power.
After all, if there is anything sacred in this country, it is the Freedom of Expression, as you can see from the photos below.
More photos from Miami immigration rally
Popularity: 3% [?]
Fernandez, as I mentioned in a
9 responses so far ↓
1 Martin // May 2, 2007 at 2:26 pm
Keep up the fight!
2 Ashevillein // May 4, 2007 at 12:29 pm
Good work Carlos!
I sincerely doubt you will ever hear anything from them, but if you do, let us know, okay?
3 Carlos Miller // May 4, 2007 at 3:56 pm
Ashevillein,
I was unable to find a specific e-mail address for Mr. Sanders, so I sent this post with an explanation to Wackenhut’s general inquiry e-mail that is on their website.
I will post any response I get.
4 The War on Photographers (and bloggers) continues in downtown Miami « Photography is not a crime; It’s a First Amendment right // May 8, 2007 at 11:43 am
[…] Metrorail platform? That sounds familiar. […]
5 The War on Photographers (and bloggers) continues in downtown Miami | Photography Is Not A Crime ... // May 19, 2007 at 12:20 pm
[…] Metrorail platform? That sounds familiar. […]
6 Steve MacDonald // Oct 8, 2007 at 3:25 am
mr. carlos
they have jobs just like you sir and are following their instructions from management, which is something you do to keep your job. Im sure if this was a police officer instructing you to do this you would keep your fat mouth shut and never say a word about it. get a life sir
7 justaguy // Jan 11, 2008 at 5:02 pm
You should really take it up with Metro. They are the ones giving improper work instructions to their contractors.
To disagree with Mr. MacDonald, I know of cases where photographers have insisted on their rights with not only security guards, but police officers and even TSA and Homeland Security agents. You obviously didn’t even read this gentleman’s blog — he was arrested by Miami PD under similar circumstances and is currently fighting it out where these cases should be fought — IN COURT, not in the street.
To my fellow guards out there, be polite and respectful. Do your job, document as necessary. Take out your camera and snap a few photos back. Call for a supervisor and/or police if needed.
Do NOT let a muck-raker get your goat. They are occasionally annoying but as essential to liberty as the American flag, the right to assemble and the right to vote.
8 Maria de los Angeles // May 19, 2008 at 2:00 pm
Good job, Carlos! I had no idea that rally had been going on. Thanks for documenting it.
I have to wonder what with all the surreptitious ways of capturing images/audio today, why guards would even bother a photographer who whips out a camera.
9 USAF Security Forces // Jul 7, 2008 at 8:47 pm
I spent a good amount of my time is the Air Force providing Security for or nations’ ICBM (nuclear missiles). And I can guarantee you, that if you were to start snapping your little photos of our launch sites or any other secured facility, YOU will be stopped/on the ground before you can ask “but why?”. You are NOT allowed to take pictures of certain things, even from public roads/structures.
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