Amtrak vs. Duane – 02/02/09 from swatspyder on Vimeo.
By Carlos Miller
It was the story that the mainstream refused to report on, even though it took the internet by storm after I posted it on this blog.
The story of an Amtrak photo contestant named Duane Kerzic arrested by Amtrak police after photographing Amtrak trains at Penn Station in New York City.
It eventually gained the attention of Stephen Colbert, who thrives on the ironic blunders of bureaucratic bullshit.
I first came across Kerzic’s story because he had posted it on his website shortly after his arrest last December. I have Google Alerts set up to inform me of these stories.
I contacted Kerzic and interviewed him twice by phone with some follow-up questions via email. I published the story the following day on December 27th.
By the first week of January, the story was being discussed on a multitude of photography, First Amendment, gun rights, railroad, tech, republican and democrat forums.
Even though I was the first to interview Kerzic, he confirms that nobody else attempted to interview him until the Colbert Report came along.
The hilarious segment ran last night. Check it out above. Thanks Andrew!
Screenshot from segment via theory.isthereason.
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14 responses so far ↓
1 Scott // Feb 3, 2009 at 7:34 AM
That was so funny. I haven’t laughed so hard in ages.
2 Carlos Miller // Feb 3, 2009 at 7:46 AM
Judging by the audience response, it was a winner.
3 Andrew // Feb 3, 2009 at 7:58 AM
No Problem.
The funny thing about catching the video on my computer, is that I tuned in one commercial before it came on! It was close but perfect timing.
It is a shame what the Amtrak police did that day. But it seems to have at least shed some light on the fight for our rights, especially those of photographers and videographers.
4 Marta Connors // Feb 3, 2009 at 11:00 AM
I am shocked and disgusted at what I read here. The police are ready to lay down their lives for you people but all you do is trash them. The police don’t exist to pamper spoiled whining brats like you who need to grow up. My daughter was brutally attacked last year. I met many police during the investigation. All of them were thoroughly polite and professional. One of them was wounded while capturing her attacker and now that policeman is permanently disabled. Police are genuine heroes. People that trash heroes are nothing more than bitter losers. Look how many police lost their lives on 911 trying to help people. That’s who the police really are. They are willing to die to help you no matter how ungrateful you are. Shame on you.
5 Duane Kerzic // Feb 3, 2009 at 12:23 PM
Dear Marta Connors,
• I am shocked and disgusted at what I read here. The police are ready to lay down their lives for you people but all you do is trash them. The police don’t exist to pamper spoiled whining brats like you who need to grow up. My daughter was brutally attacked last year. I met many police during the investigation. All of them were thoroughly polite and professional. One of them was wounded while capturing her attacker and now that policeman is permanently disabled. Police are genuine heroes. People that trash heroes are nothing more than bitter losers. Look how many police lost their lives on 911 trying to help people. That’s who the police really are. They are willing to die to help you no matter how ungrateful you are. Shame on you.
I’m very sorry to hear that your daughter was attacked and that a police officer was hurt apprehending the perpetrator of that crime. Thank you for participating in this forum. I don’t believe that anyone that participates in this forum believes that all Peace Officers are bad. I’m happy that all of the police officers you came in contact with were polite and professional to you.
This forum is about those police officers that are not professional and polite in dealing with the public. While I applaud the police in your case for doing a good job that doesn’t give them a free pass to behave in unprofessional, impolite, and unlawful manners in other cases. In my case I was subject to unlawful arrested, injury and harassment at the hands of the police. The police acted no better towards me than the person that attacked your daughter. This blog is about police violating photographer’s rights.
Unfortunately for all the good police officers do there are some bad apples amongst them. This blog is about helping those officers get weeded out and reported. It’s about teaching he public to be vigilant against these bad actors in the police departments across the country. This doesn’t make us ungrateful and doesn’t bring any shame on us.
Again I’m sorry you feel that way and for what happened to your daughter and the person that was apprehending the suspect.
Duane
6 IT'S ABOUT TIME // Feb 3, 2009 at 3:11 PM
IT’S ABOUT TIME THESE ISSUES GET REPORTED TO THE MASSES!
7 Spokker // Feb 3, 2009 at 3:19 PM
“People that trash heroes are nothing more than bitter losers.”
You offered zero arguments specific to the case of Duane Kerzic and his Penn Station arrest and your crazy rant has no relevance here.
The fact that police officers have a dangerous job does not give them or their superiors the right to trample over our constitutional rights, or yours.
I certainly commend the officer in your story who was wounded, but if he wheeled over to someone taking pictures at an Amtrak Station, demanding the person delete their photos, and arrested them when they refused, I would criticize that officer in a heartbeat.
8 tessio // Feb 3, 2009 at 5:00 PM
it worries me that these security personnel cannot distinguish between legitimate security threats and harmless citizens.
yes, it bothers me to know that a photo-hobbyist was harassed needlessly, but it also bothers me that those doltish, idiotic cops are responsible for protecting me from REAL THREATS.
maybe as a society we should draft stricter prerequisites for these jobs, and let the people who cannot handle it move on to less critical positions (such as DMV or USPS).
9 Mike in NoVA // Feb 3, 2009 at 5:08 PM
Duane,
Hilarious piece on Colbert.
Any results on getting the Amtrak security tapes yet? Also, have you had your day in court? Hope you update us here and in PentaxForums as things shake out.
Mike
10 Kilroy238 // Feb 4, 2009 at 5:58 AM
Marta I am very sorry about but your daughter and glad the officers involved did a wonderful job in arresting her attacker. I am also sorry to hear about any “good” law enforcement officer hurt in the line of duty.
I wonder how would you be feeling if some photographer caught those brave men in action capturing the animal that hurt your daughter only to learn later that some other criminal beat down the photographer and took his camera because of the pictures he took.
The heroic pictures of our boys in blue lost forever. How would you feel about that criminal?
The same story applies here only in reverse.
Now imagine this. All over the news the police are stating your son or whoever attacked them and was killed. You knew in your heart maybe he was not the greatest boy, he ran with the wrong crowd, but you knew he wouldn’t be so stupid as to attack the police. How would you feel about police who tried to take anything that showed the opposite of what they said. How would you feel your son didn’t do what they said. He was innocent he was unjustly killed. Would you feel the least be vindicated. Your boys honor restored to you just a little?
That is what we are talking about here. The bad apples, police , who are disgracing those same heroic officers you applauded for capturing your daughters attacker, by breaking the law and violating the rights of other citizens.
Everyone can agree here I think that those couple of bad apples that people see, read or hear about, will and do tarnish, the upstanding image we should have for all of our deserving law enforcement officers.
Why you condone this?
Tell me would you have the same contempt for a whistle blower in government that tells us about those wasting our money, or someone in a company that comes forward to tells the public that his company is dumping toxic chemicals into a river in your neighborhood? Is what we talking about here so far from that?
You talk about the dangers of policemen. Before they sign up I am quite sure they are made well aware of the risks, if it is somehow possible not to know beforehand, to their live and limb and yet they still agree to take the job for the greater good.
Kudos to them but it also doesn’t matter in this point of discussion.
Yes they have a hard job, yes it is dangerous and so in return for this you would have us surrender our rights and bend over to whatever demand they might make.
I am sorry though that you can distinguish things on a case by case basis. The actions of the officers in your case are completely different. Different people, different places, different times and different situations.
By your example I received excellent service at Burger King yesterday so that means I will get the same quality and service from any Burger King that I go to?
Sorry but in my opinion, your line of thinking is just plain ludicrous and completely Un-American.
11 Amber // Aug 20, 2009 at 4:50 PM
Wow. The video was very entertaining and funny…what happened to the photographer though wasnt right. Amtrack shouls have to pay him damages for his time in jail and distress. It’s seriously pitiful of Amtrack to hold a contest and not notify workers that there may be people taking photographs or atleast post in the contest rules a section about rules and permits to prevent this from happening. Photographers have the right to photograph anywhere they want that’s public property unless the object isnt and then they can just get a release form from the owner and they’re good to go. Why did this have to be such an issue? I understand terrorism, but come on! If we cant enjoy life because our fears get us paranoid who’s the real terrorist?
12 NYCPhotorights // Aug 20, 2009 at 8:22 PM
Amber – you’re a bit late to this story
The day after this report aired Amtrak settled with “five figures”…
13 Amber // Aug 20, 2009 at 10:04 PM
Lol…yeah I know. Didnt know what the outcome was, but as a photographer I still wanted to say my peace
Thanks for the update! Hope he got some good equipment 
14 Steve // Dec 7, 2009 at 11:34 PM
Ahh yes, modern western ‘freedom’. Perhaps a timely Latin Quote?
corruptisima re publica plurimae leges
In the most corrupt state are the most laws (Terence)
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