Film User Beat Up For Not Having a Digital Camera

FallisPhoto said:
What if you use a mechanical camera?
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Someone pointed out later in the thread that the entire law, if you read it, covers any type of photography. I thought what you said at first, as well.
 
I also have not had much problem with this in rural areas, like the guy in NC. It is usually in the city (where, as Bill points out ironically the most cameras are located) that I have problems. All the confrontations I've ever had with police or average people have been in the city or suburbs of a city.

I lived in a small town in West Virginia for a while, and people were not nearly as disturbed out there. I think it speaks to how wound-up the average city slicker is compared to how laid back a lot of country folk are. Besides, most of the friends I have in WV know that if you really p*ss them off they can just break out the old deer rifle - problem solved :)
But seriously, there is a self reliance in *some* country folk that gives them a confidence that pushes out the paranoia of wondering why someone is shooting their picture. I find they will still want to know "why" a lot of times though, but they seem to be content with a simple "I'm a photographer," or "I'm just taking pictures."

Can't quit shooting in the city though - that's where I am at the moment so that's what I'm shooting.
 
So did they get the man yet?

I'm going to the smoke in the morning for two days of shooting. I now have the confidence on the street to just shoot, regardless of what may happen, and if anyone tries anything I smile sweetly and say it's for my art project. :)
 
bmattock said:
I am not a lawyer, but as I understand it, most governments (city, county, state) are immune to civil suit for that sort of thing. He could sue for false arrest or wrongful prosecution, but he wasn't prosecuted (so strike the second remedy) and to prove false arrest, one must prove it was done maliciously - ie , the cop knew he was wrong to arrest the man. Since I doubt that happened, no, I don't think he can do jack.

The various news organizations that reported on him and plastered his photo all over were careful too - they refer to his alleged crimes. That's not libel or slander.

I don't think there is much he can do except pick up the pieces of his shattered life. He can't even get his legal costs reimbursed.
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I am pretty sure you're wrong there. The federal government can't be sued without its consent, but that immunity does not always extend to state governments, only occasionally extends to county governments, and never extends to municipal (city) governments. http://www.nls.org/conf2002/suing_the_state.htm LOADS of people have sued the various states, often sucessfully. In fact, my own father led an organization that sued the state of Virginia not too long ago and won. Virginia was not taxing state employes's pensions in the same way they were taxing federal employee's pensions. Virginia had to pay back the difference to federal employees. My father was the National President of Narfe (National Association of Retired Federal Employees). Not surprisingly, Narfe lost repeatedly in the state courts, but when the appeals finally reached the federal level, Virginia lost. Let's see, ... much more recently, I believe the Duke lacross players are currently suing the state prosecutor's office, among other people and entities. They will probably win that one, since the state prosecutor was rather egregiously in the wrong. Of course there are many instances where the state has immunity under the 11th amendment; the question is whether this is one of them. BTW, I'm pretty sure I could make a case that the cop most certainly was acting maliciously.
 
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You may be right. In such case, I would certainly hope that the victim of this arrest does get his day in court and his just due. It is entirely unfair that he was treated in such a fashion, given what the DA eventually said before declining to prosecute.
 
Can any one tell me please, what those mothers are afraid of if you picture their children ? I simply have no idea.

Thanks in advance,
Ruben
 
Ruben - think about it - would you like strange men photographing your kids while they're playing in a playground? I think that anyone has the right to be curious or at least has the right to ask what you're doing. I have business cards with my phone number and website/email on them. Never try to look shady or inconspicuous or you look like you have something to hide.

Walk around with your camera in clear view, do things decisively and if someone questions be very polite and professional, hand them your business card. If someone asks you to delete the photo and you're using digital, it's common courtesy to do so. Just in the same way it's common courtesy to not hit someone for taking your picture.

A lot of street photographers have a very gruff and rude attitude to people that ask what they're doing. Someone has the right to question what you're doing in the same way that you have the right to photograph it. If you're going to be rude and gruff about it, they're going to be suspicious and it looks like you have something to hide.
 
Might I add that the publics suspicious and sometimes downright aggressive view on photography can only be heightened by being rude about it. If you're polite and professional in your approach and when approached, what can people do beside be comforted that you aren't a creepy old dude taking pictures of their kids?
 
This has been said before, but if you carry a card with email address etc. it also gives you the opportunity to allow the "photographee" to contact you for a freee print.
 
They have posters up all over the tube right now about 'incidents'. Not sure if they were about this one. Any more news, I was hunting him myself yesterday in a vain attempt to get whalloped, sue and buy the M6 I want! :)
 
I am all for freedom of expression and as a former journalism student, still champion the 1st amendment. But I do wonder how far things can go. The papparazzi here in LA are horrible. They block traffic and cause dangerous situations for people in public places. Something must be done before a life is lost. As to this situation, we as photographers, need to remember that just because something is legal does not make it right. I also engage in street photography and have had a few menacing encounters. Taking a pic of someone w/o permisison is taking something very personal from that person. I never ask permission.....I know that I have to take responsibility for my own actions.
 
BigSteveG said:
I am all for freedom of expression and as a former journalism student, still champion the 1st amendment. But I do wonder how far things can go.
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Freedom of Speech ends when someone else's rights are damaged, more or less.

The papparazzi here in LA are horrible. They block traffic and cause dangerous situations for people in public places.
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They don't have the right to block traffic. They have the right to take their photos. If they're blocking traffic, they should be arrested or made to move - but I would say the same of anyone blocking traffic - not just a photographer.

The things that the paparazzi do that people object to are things that are, in most cases, illegal already. The police don't arrest them when they chase cars, or cut people off in traffic, or block people's path on public walkways and roads - they should. That has nothing to do with photography - their photography is incidental to that. The photography is not the problem, their asshattery is.

Something must be done before a life is lost. As to this situation, we as photographers, need to remember that just because something is legal does not make it right.
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I agree that legal != right in all cases. But it does mean 'permitted'. If it is legal, I can do it. Whether or not I 'should' do it is a question for my conscience, not a court of law.

I also engage in street photography and have had a few menacing encounters. Taking a pic of someone w/o permisison is taking something very personal from that person. I never ask permission.....I know that I have to take responsibility for my own actions.
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True that.
 
You know....reading things like this, where people have becomes so paranoid and irrational towards their fellow person.....it really makes me sick to my stomach. The human race is such a disgusting, horrible, pitiful thing. At the same time it should be commended for the few (its always the few huh...) that stick up for perceived values. All this political correctness, paranoia, and distrust that is the modern world......makes me ashamed.
 
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