Photography is Not a Crime: Troy, New York Skating Rink
May 10, 2006 12:57 PM

Being harassed for photography is a pretty common and hot topic these days. Anyone who shoots more than casually has probably been told "You can't photograph here" or an equivalent phrase in either polite or not so polite terms and many of us have been stopped and questioned by security or the police. I'm lucky that I've never been seriously harassed but I've had more than a few "put that camera away" run-ins and a couple "if you don't stop photographing I'm calling the police" incidents (um, go ahead since I'm not doing anything illegal). I've yet to figure out why people are so afraid of cameras and why those people are so certain anyone with a camera is a) targeting them and b) out to do nefarious deeds.

Despite these fears/paranoias, photography is not a crime in most settings and situations. Public places, people in public places, buildings you can see from public places are all fair game for photography under the law in the U.S. Photographers should remember this and not fall victim to harassment and bullying when they are within their rights. Business and private property owners have the right (though in most cases no good reason) to not allow photography on their premises but public property is another story. Well, unless you're in Troy, NY.

The city of Troy in upstate New York has decided that photographing children is indeed a crime. Anyone photographing a child other than their own in public is subject to police harassment and possible in Troy. This poses quite a problem for a local mother who photographs her daughter's ice skating routines. As you might imagine it's rather difficult to only capture one child with her lens when the rink is full of children. Twice this woman has been harassed by the cops for engaging in a legal activity, photography in a public rink. that she's been doing for years without incident (or evidence of evil doing).

The New York Civil Liberties Union is getting involved with this issue on the side of photographers of course. I don't live anywhere near upstate New York but I'll be watching any potential legal challenges to this city's actions with great interest. As photographers we have to be vigilant when it comes to speaking out and looking out for our rights. In the United States there seems to be a culture of fear that makes any and everyone your potential enemy and any activity you don't understand (why would anyone want to photograph that fire hydrant/wall of windows/girl in a bright yellow rain slicker on a cloudy day/puppies rolling in the grass/rusted truck/food in a restaurant/rows of cars in a parking lot/ice skating/take your pick) automatically suspicious.

Comments

Troy, this is interesting? I personally have been accosted shooting photos too. On a similar note what about taking photos in a public place then publishing them on a website? would you need permission to do that or because your in a public place, is theere a care?

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