By Carlos Miller
Robert Taylor probably knows the rules of the New York Metropolitan Transportation Authority better than most people. The 30-year-old has been working for the MTA for more than three years.
But that didn’t stop a trio of New York City transit cops from handcuffing him, throwing him in the back of a car and locking him in a holding cell for more than an hour after he photographed an incoming train inside the Freeman Street subway station in the Bronx Thursday afternoon.
He was charged with “unauthorized photography,” “unreasonable voice/discon” and “impeding traffic.”
Taylor, who works as a station agent at other subway stations, was off-duty at the time. He posted his story on Subchat where it got picked up by War on Photography, a New York City photographers’ rights website.
“I take pictures of the trains because I use them as wallpaper on my computer,” Taylor said in a phone interview with Photography is Not a Crime Friday afternoon.
He was using a Nikon D80 with a 70-200 lens and was about to hop on a train when an NYPD transit cop ordered him over. The cop told him to delete the images.
“I explained to him that I was allowed to take images, but he said, ‘no, not here’,” Taylor said.
Taylor even cited section 1050.9 (c) of the MTA Rules of Conduct which clearly state that photography is allowed under certain conditions, which were all met by Taylor.
Photography, filming or video recording in any facility or conveyance is permitted except that ancillary equipment such as lights, reflectors or tripods may not be used. Members of the press holding valid identification issued by the New York City Police Department are hereby authorized to use necessary ancillary equipment. All photographic activity must be conducted in accordance with the provisions of this Part.
The two men debated the issue for a few minutes before another cop arrived. And the debate continued until a third cop arrived, a sergeant who presided over the two other officers.
“I had told them to call their boss, so they did,” Taylor said.
After more than 30 minutes of debating the issue with the cops, they handcuffed him and walked him out to their patrol car, where they transported him to a transit precinct. He was placed in a cell for 90 minutes with about six other detainees who had been arrested for jumping fares.
“They removed my shoelaces, my belt and then they checked for warrants,” he said.
And when it became evident that he was not a wanted man, they released him with a summons citing the three charges above.
“I will probably file a complaint with the (Civilian Complaint Review Board),” he said. “And then I will look at my other options.”
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I am a multimedia journalist who has been fighting a lengthy legal battle after having photographed Miami police against their wishes in Feb. 2007. Please help the fight by donating to my Legal Defense Fund in the top left sidebar. And join my Facebook blog network to keep updated on the latest articles.
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15 responses so far ↓
1 Karl Mansoor // Feb 14, 2009 at 10:32 AM
So what is this – an epidemic of arresting photographers?
2 genewitch // Feb 14, 2009 at 12:18 PM
unlawful photography… how is that even a freaking law?
3 c // Feb 14, 2009 at 6:51 PM
its not, this guy should sue the NYPD and the MTA for a bunch of $$, but he will probably fear the loss of his job if he tried to sue his boss (the MTA)…
4 Duane Kerzic // Feb 14, 2009 at 9:07 PM
Karl,
Of course it is. We are easy targets and everyone knows if you are carrying a fancy camera you have to have some kind suspicious intent. We couldn’t just be after a good photo. I think another problem is the cops are tired of getting suspicious photographer calls. When they get them they feel like they need to do something. They don’t seem to have figured out that the proper responce could be to report, nothing suspicious, no action taken for fear that they will get in some kind of trouble or something.
I tried to look up what he was charge with but couldn’t find it. I’ll ask him to post the statue numbers.
5 Sean Reiser // Feb 15, 2009 at 9:55 PM
I’d be curious if they got him on the vague charge of “disobeying an order of a police officer”.
Of course the real problem is that most folks would agree with a ban on photography of the transit system. They tend to look at photographers as either a nuisance or something that harkens back to the day of the “Aunt Minnie” (http://www.randomhouse.com/features/spybook/spy/961216.html).
6 Jeremy Brooks // Feb 15, 2009 at 11:00 PM
This guy needs to sue the city of New York and the NYPD. The only way these ignorant, power hungry cops will get it through their thick skulls that photography is NOT illegal is when they start feeling the results of their actions where it hurts: their wallets.
7 Ken Stein // Feb 16, 2009 at 6:31 PM
My last run in with the NYPD brain trust
8 Christina Wilkinson // Feb 17, 2009 at 2:11 PM
Please note the following which was sent to me after I forwarded this to someone who may help:
“thanks for forwarding this to me. If you know the photographer and he wants helps, please have him contact me.
Christopher Dunn
Associate Legal Director
New York Civil Liberties Union
125 Broad Street, 19th Floor
New York, N.Y. 10004
212.607.3300, ext. 326
212.607.3318 (fax)”
9 Duane Kerzic // Feb 18, 2009 at 8:08 AM
Carlos,
you made it in the NY Times, http://www.nytimes.com/2009/02/18/nyregion/18about.html?emc=eta1
Congrats,
Duane
10 Farfel // Feb 18, 2009 at 6:36 PM
The piling-on of additional charges is another reason to sue the police. To give it right back to them, he needs to sue the individual officers as well as the PD.
The assessment of additional charges that are later dismissed should weigh heavily against the police and district attorneys office. This is an outcome of the drug war that is further victimizing society.
11 Felix Polanski // Feb 18, 2009 at 6:47 PM
I think this is all about police being upset with photographers who have captured police abuse and or brutality. These days, everything from tazers to guns (oakland) have been caught on film. This type of behavior (citing photographers under terrorism rules) is backlash to what is becoming a cops vs photographers/press relationship
12 Duane Kerzic // Feb 18, 2009 at 7:12 PM
Felix,
I don’t disagree. Perhaps the cops just need to learn how to behave in a civil society. Then they won’t have to worry about having their photos taken because the photos will show them doing the right thing.
None of the terrorist rules limit photography.
13 Sean D. Elliot // Mar 13, 2009 at 8:08 AM
Amtrak has released new rules and guidelines, including new training for their police, regarding photography:
http://nppa.org/news_and_events/news/2009/03/amtrak01.html
14 nycgo // Jun 12, 2009 at 1:37 AM
Saw your article in the Times. So how is the case going?
15 Miranda Hopkins - Book Publisher // Mar 19, 2010 at 11:06 AM
Amtrak’s new rules make a lot of sense – particularly in regards to police training
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