It Had to Happen Eventually

It had to happen eventually. I mean, when you think of it, when you’ve shot almost 1,000 pictures of a certain subject, it had to happen… My friends often marvel at the amount of pictures I take in the [tag]subway[/tag]s. I’ve been told many times by my peers and my friends that I’m lucky I’ve never been punched in the face, or harassed by the police.

In fact, a few weeks ago, I posted on flickr asking if anyone had been harassed while shooting the subway.

Today, it was my turn.

I stood on the platform doing what I do every morning. Shooting my brains out. As I was taking this shot, I saw him coming at me from the middle of the platform. I took a deep breath and watched him get closer.

“It’s not a good idea taking pictures here,” the [tag]officer[/tag] told me, much to my surprise. Now, normally, I would just submit. I don’t need the aggravation, and I know what the police go through, but when it comes to photography in the subway systems, I clearly know my rights. Since it’s a hobby of mine, I’m always prepared. Here’s the relevant law:

Section 1050.9(c) of the NYC Transit Rules of Conduct:

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.

Knowing that law cold, I countered.

“Is there something wrong with taking pictures?”

“No,” he responded, seemingly shocked that I dare challenge him on his half-assed assertion.

“Ok…” I looked him right back in the eyes. “So what’s the problem then?”

“Well, high terror alerts.” That was the sum of his response. Actually, that was his entire response.

I breathed deep, and kept my camera in hand. He stayed about 2 feet from me for at least 5 minutes, staring darts into the back of my head. Finally, I let my camera just hang from my neck and he walked to the close end of the platform. I turned around and looked, and saw he was still glaring at me from 5 feet away. I realized, at that point, I hadn’t gotten his badge number. Luckily, he walked past me and I caught it. 2773. Perfect. I took out my Blackberry, and typed it in. Then, just because he aggravated me so much, I took a picture of him as he walked back down the platform.

But he didn’t give up. He got to the middle of the platform, turned, and looked dead at me, and didn’t take his eyes off of me until I got on the train. I wanted to smack the shit out of him, but I kept my cool and got on the train.

I didn’t do anything wrong, and yet he had me feeling like I was committing an illegal act because of “high terror alerts.” What the bloody hell is that supposed to mean? Anyway, tomorrow, I’m going to write a nice letter to the Civilian Complaint Review Board. That’s the organization that oversees civilian complaints against the police, and I’m going to contact the NYCLU just because I can. One way or another, I’m getting an apology for this officer’s conduct, and I don’t care how I have to do it.

It’s one thing to come after me for doing something illegal. It’s entirely another for making me to feel like a common criminal in front of other commuters on a subway platform for doing something that is codified, clearly, as legal.

[tags]NYPD, harassment, 2773, photography[/tags]

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  • http://seekingsanity.blogspot.com Bridget

    Vinnie, I’m so sorry you had to go through. Of course, if it were me I would have snapped a picture of him staring at me. Then all the way to jail I would have quoted my rights, then sued the police for wrongful arrest, then be filmed with a new catch phrase “can’t we all just say cheese?”, then write a book based on my persecution, then get on Larry King, then get a cameo role on a major primetime tv show, like CSI as an accidental witness to a crime who took a picture unknowingly of the perp. All this while laughing my ass off at some stupid cop on a power trip. :)

    But that’s just me. :)

    *hugs* and love for ya, Vinnie!

  • http://www.lonesophist.com Trish

    Since I’ve just seen the movie Crash, I’m convinced that you will now get mugged in the station and that cop will be the one who is standing there when you ask for help, he will chase down the mugger, handcuff him, and you will be forced to thank him. LOL.

  • http://seekingsanity.blogspot.com Bridget

    Bah, not me – the cop obviously doesn’t know the laws, so the mugger will probably be permitted to carry out the offense, cause it wouldn’t be considered a terror threat, since he would only be taking a wallet, not pictures.

  • http://www.jeffandcarol.com/jeff Jeff

    Vinny, that is more courage and intelligence than most would show on their way to work. Sure it’s not courage in the sense that you’re fighting terrorists in Afghanistan but it counts. Way to keep your head and way to stand up. I wish that if that situation happened to me I’d do the same. Doubt it though. I’d probably just do what the guy said and get really pissed on my ride to work. Way to go man.

  • http://nonannystate.blogspot.com The Other Mike S

    Well done, Vinny!

    My pet peeve is the assumption that when you are stopped for a traffic infraction, the cop asks if it’s OK to check your car or trunk. I’ve told my family that I don’t care where we’re going or what we’re doing, if this ever gets asked, the answer is NO! unless they can give me a reasonable probable cause.

  • http://chapel-perilous.net/caiterwauling/ Cait

    Okay, you all know I’m a cop-friendly, but even I wouldn’t submit to a car search unless they could show probable cause. I don’t even have anything in my car to hide, but the whole idea is bullshit. As to your taking photos on the platform, I would think the cops would welcome photographers and videographers. Invite them to come take photos. It would seem to me that if there were lots of photographers in the subway, it might cut down on crime, and even terrorism. Too much chance of being caught on film. Of course, that probably wouldn’t matter to a suicide bomber, but one that’s intent on blowing up the subway is likely not going to be stopped by the presence of a cop, either. Especially one who is wasting his time watching and worrying about some guy taking photos.

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  • http://seekingsanity.blogspot.com/ Bridget

    Vinnie, I’m so sorry you had to go through. Of course, if it were me I would have snapped a picture of him staring at me. Then all the way to jail I would have quoted my rights, then sued the police for wrongful arrest, then be filmed with a new catch phrase “can’t we all just say cheese?”, then write a book based on my persecution, then get on Larry King, then get a cameo role on a major primetime tv show, like CSI as an accidental witness to a crime who took a picture unknowingly of the perp. All this while laughing my ass off at some stupid cop on a power trip. :)

    But that’s just me. :)

    *hugs* and love for ya, Vinnie!

  • http://www.lonesophist.com/ Trish

    Since I’ve just seen the movie Crash, I’m convinced that you will now get mugged in the station and that cop will be the one who is standing there when you ask for help, he will chase down the mugger, handcuff him, and you will be forced to thank him. LOL.

  • http://seekingsanity.blogspot.com/ Bridget

    Bah, not me – the cop obviously doesn’t know the laws, so the mugger will probably be permitted to carry out the offense, cause it wouldn’t be considered a terror threat, since he would only be taking a wallet, not pictures.

  • http://www.jeffandcarol.com/jeff Jeff

    Vinny, that is more courage and intelligence than most would show on their way to work. Sure it’s not courage in the sense that you’re fighting terrorists in Afghanistan but it counts. Way to keep your head and way to stand up. I wish that if that situation happened to me I’d do the same. Doubt it though. I’d probably just do what the guy said and get really pissed on my ride to work. Way to go man.

  • http://nonannystate.blogspot.com/ The Other Mike S

    Well done, Vinny!

    My pet peeve is the assumption that when you are stopped for a traffic infraction, the cop asks if it’s OK to check your car or trunk. I’ve told my family that I don’t care where we’re going or what we’re doing, if this ever gets asked, the answer is NO! unless they can give me a reasonable probable cause.

  • http://chapel-perilous.net/caiterwauling/ Cait

    Okay, you all know I’m a cop-friendly, but even I wouldn’t submit to a car search unless they could show probable cause. I don’t even have anything in my car to hide, but the whole idea is bullshit. As to your taking photos on the platform, I would think the cops would welcome photographers and videographers. Invite them to come take photos. It would seem to me that if there were lots of photographers in the subway, it might cut down on crime, and even terrorism. Too much chance of being caught on film. Of course, that probably wouldn’t matter to a suicide bomber, but one that’s intent on blowing up the subway is likely not going to be stopped by the presence of a cop, either. Especially one who is wasting his time watching and worrying about some guy taking photos.