[metaglypto]

I am going to be posting three different blogs here from my blog site at
I think it fits within the realm of the Politics and Religion that we like to discuss here. It is also appropriate as it deals with our rights as photographers, at least within the United States. I feel it should be everyone's right, but then I do not live and vote in any other country. I am not going to post the pictures here. If you are interested in them, you can go to the blog site I included and view them there.

These incidents happened about six months ago. Some here may think my response(s) to the local law enforcement and their private security counterparts is over the top. I make no apologies for them.

---

Last edited by metaglypto; 03-18-2012 at 02:16 PM. Reason: add signature

[metaglypto]

Are the Terrorists Winning?

I heard a car door slam and a man’s voice yell, “Hey! What are you doing?” I looked up from the viewfinder of my camera to see an angry looking man in uniform stomping through the patch of wildflowers I was photographing. “Taking pictures.” I replied to what appeared to be an officer of the law. “Of what?”, he demanded with a sneering tone. “Flowers.” I said, as I continued to survey the individual. He was dressed in a black or very dark blue uniform, with a badge and shoulder patch and wore highly shined uniform boots. Strapped to a 3 inch wide black leather belt was what looked to be a Glock .40 caliber semi-automatic pistol, a can of Mace pepper spray, handcuffs, and a stun gun.


He had now closed the distance between himself and me, and could easily ascertain what it was I was doing. Undeterred by the obvious he began lecturing me about the need to closely monitor all suspicious activities at or near the dam. He said that, “since bin Laden, the need for security has gotten much tighter and rules have changed”. Also stating he was responsible for insuring that I didn’t “have a deer down”, and began suggesting the possibility of my being a poacher, then demanded to see some identification, so he could check both me and my intentions out. I reluctantly pulled out my driver’s license and held it up for him to see. He snatched the license out of my hand and went back to his truck. After a few minutes the security guard retraced his steps, once again stomping through the flowers. Handed the drivers license to me, and then continued with the verbal assault, warning me to not “approach the animals too closely” and “don’t wander too far off the road” without specifying what “too close” or “too far” might be.

Continuing on he directed me to not take pictures of the dam “especially the powerhouse”, and if he caught me taking pictures inside the fish viewing room he was going to make me delete the pictures. He concluded his lecture with the admonition to “enjoy yourself”, and then promptly drove off.
The area provides opportunities to get high quality photos of wildlife without the use of more expensive high powered lenses.


I was mad. Not only at him for clearly going beyond the bounds of his authority, but at myself for not standing my ground and stating the rights I know all photographers should be able to enjoy.



I headed for the parking lot of the dam and found the security guard in his vehicle stopped alongside a Umatilla County Deputy Sheriff vehicle parked in such a fashion so that they were driver’s side door to driver‘s side door, chatting with one another. The security vehicle had a decal on the door that said “Private Security” and under that “Tip Top Services”. It was my turn. I informed him at that point that as long as I was in a public area, I would take pictures of whatever I wanted to take pictures of, including him, the powerhouse, and the dam, and that he had no right to demand my identification. When he began to protest and argue, I bid the both of them a “Good evening.” and walked away.


The dam including part of the power house.

The following are recaps of stories similar to mine.

• Antonio Musumeci, 29, of Edgewater, N.J. was arrested on Nov. 9, 2009, as he videotaped a demonstrator in front of the Daniel Patrick Moynihan United States Courthouse in New York City. He subsequently sued the Department of Homeland Security and won the lawsuit. As a result, the Department of Homeland Security released a document explaining that photographers are not restricted from photographing federal facilities (not just courthouses) from public spaces. ANTONIO MUSUMECI - Lens Blog - NYTimes.com

• Near Texas City, Texas, Lance Rosenfield is confronted, detained and has his camera searched by a BP security guard, police, and a representative of the Joint Terrorism Task Force. Photographer Briefly Detained by Police Near BP’s Texas City Refinery - ProPublica

• At Ohio State University, a photographer for the school newspaper is handcuffed and held for ten minutes for photographing escaped cows. Police said the area in which the business freshman was shooting — about 100 yards away from the loose cows — was too dangerous. Ohio State Photographer DETAINED For Capturing Cow Escape

• In Denver, Colorado, photographer Mike Maginnis, was thrown to the ground, arrested, and locked in an interrogation room by Denver police for two hours when he refused to hand over his camera after taking pictures of a hotel Dick Cheney was staying in. Photograph Cheney’s Hotel; Get Arrested

• An Amtrak representative did an interview with local TV station Fox 5 in Washington, D.C.’s Union Station to explain that you don’t need a permit to take pictures there—only to be approached by a security guard who ordered them to stop filming without a permit. Public Photography Laws - Photographing Police and Public Places - Popular Mechanics

• Mike Anzaldi was arrested, his equipment, confiscated, and about 500 images were deleted from his memory card, when the Chicago police decided that he wasn’t allowed to film a crime scene from a neighbor’s private property. He was charged with obstruction and resisting arrest. Chicago Photographer Arrested Again – CPD on the Warpath

Frustrated in my attempts at getting good shots of either the flowers or the deer, I returned to the identical location on Saturday morning. As I was groveling around on the ground, this time with a tripod, I once again heard a car door slam. Déjà vu? And again I hear a voice, “What ya’ doing?” says it’s owner. I look up to see a different security guard standing outside the same truck. Same response, “Taking pictures.” I replied. Though this security guard sounded more congenial than the person the evening before, I was not as informative and no mood to be hassled again. “Of what?” he asks. . “Flowers” came my terse reply. “That’s a pretty nice setup you got there. What are the pictures for?” “Personal edification.” I was deliberately trying to convey the message I was not going to cooperate this time. He then got back in his truck and drove off. I had encountered two different individuals on two different days, under nearly identical situations, with significantly different outcomes. I was still irritated.

A Mexican Hat flower.


On a third trip to the spot, I parked my car and almost immediately saw the security vehicle on the scene, driving slowly by and observing me carefully. A few minutes later he came driving by again in the opposite direction, I assumed he was watching me. I tried to ignore him. I had setup in the same area close to some scrub brush hoping to see deer. After 5 -10 minutes I noticed the security truck had circled around highway 395, come down the main entrance, and was sitting in an area where he could observe me from a distance. Tiring of the cat and mouse game, I quickly packed my gear, and pulled out a tiny point and shoot camera I sometimes mount on a remote control airplane. Then I pulled around behind the security vehicle and snapped a picture of the license plate and tailgate. If he had not already been clued in to what I was doing, the flash gave me away. He stretched his arm out as if to flag me down as I drove by. I pulled in front of his vehicle and got out. He told me I couldn’t photograph him or his vehicle.

The truck I was informed I was not allowed to take pictures of, including the security guard by the name of Walter Burks.


I informed him I could take pictures of anything I wanted in a public area, including him and his vehicle. He then said he was going to call police. I let him know where I was going to be and drove off.
I went to a spot I knew a doe had been leaving her twin fawns while she grazed.


This is one of two fawns I had seen in the spot where I was “swarmed” by law enforcement.


In a short time the security vehicle, a Umatilla Police officer and a Umatilla County Deputy arrived at my new location. I was a bit surprised that wildflower and wildlife photography could invoke this kind of a response.


I pulled out my tiny Pentax Optio A10, and set it to record voice. When they started to introduce themselves I informed them everything they said was being recorded. The city officer told me I could not use it in court. I informed him he was wrong. He wanted to see my identification and I refused. He then told me I was being detained. The security guard demanded I delete the picture of the truck. Initially I refused. Then Officer Campbell stated I could delete the photo or go to jail for illegal trespass. Fearing more for the safety of my equipment than myself, I eventually complied and deleted the photograph of the security vehicle. I returned later and got another another.
On return trips I have observed other patrons of the park allowing their dogs to run free and chase wildlife. On one occasion I had my camera equipment setup next to a road, clearly marked, “Authorized Vehicles Only”. One of the security guards was parked about two hundred yards away, next to the dam. I assumed he was watching me. During this time at least three private vehicles drove down this road, one of them turning around in the middle of the road and coming back. Apparently a photographer trying to obey the rules of the park poses a bigger threat to national security than individuals who cannot obey posted regulations. When I questioned the security guard about this and he replied, “The sun was in my eyes.”

Picture of McNary Dam taken from the Washington side of the Columbia River from my remote control airplane.



Since 9-1-1 and more recently since the take down of Osama bin Laden, security awareness everywhere has been raised. Most rational people do not deny the need for increased security, especially in sensitive areas. Unfortunately there are those who take advantage of this need and exploit it to their own ends. The reader can draw their own conclusions from the examples cited what the various motives might be. This increased security awareness has resulted in a rash of incidents around the country involving journalists rights being violated by misguided, overzealous, or simply bored law enforcement individuals. It stretches the limits of credibility to imply that a lone individual, kneeling in the grass a few hundred yards from that dam could pose a significant threat to a structure such as an earth and rock fill and concrete dam.


It stretches the limits of credibility to imply in any way that a lone individual, regardless of what they are actually doing, kneeling in the grass a few hundred yards from this dam could pose a significant threat to the structure.
On the other hand, consider the consequences of allowing these sorts of ambiguous restrictions and unjustified enforcements by law enforcement agencies or hired security guards to continue unabated and unchallenged. The terrorists have then succeeded in at least one of their goals, that being to impede the freedoms we now enjoy in this country.



The Constitution is what protects our freedoms. It is my view we must use our freedoms to protect the Constitution.

[metaglypto]

Having been away from the dam for two months now, I was curious to see what new wildflowers may have appeared, how the deer were faring, and if the previous altercations had been forgotten. I had returned since the first incident and delivered security and local police documentation from Homeland Security stating that I had nearly unlimited access to photograph whatever I wanted. The only real restrictions being to stay in the public areas to do my photography. This had never been an issue for me. I could care less about climbing fences at the age of 58. My interests usually lie within the small patch of ground within five feet of my tripod.

I was in roughly the same area I had been in on previous excursions, perhaps one hundred yards further away from the dam, on the same road, when an individual, possibly a dam employee in what appeared to be a private vehicle, stopped and informed me I was in a “no picture taking area”. I politely informed him that he was incorrect, and as long as I was in an area open to public access I was allowed to take pictures of whatever I wanted. He tried to tell me the security guards would run me off and I informed him they had already tried that. With that, he drove off presumably to inform the security guards of my heinous act of terrorism, more commonly known as wildflower photography.

Within five minutes the now familiar sight of a white pickup truck with the decal bearing the name of Tip Top Security was driving by. I had determined that if nothing else, I was going to do my best to document their activities while they were in my presence, whether or not they spoke with me. When he drove past me in the opposite direction, I pulled my little point and shoot camera out and snapped a picture. His brake lights reacted faster than the strobe flash on my camera.

What followed is perhaps more than I can relate here. Suffice it to say we had words and he was angry, I was controlling my temper better than last time, but cannot honestly say I wasn’t a little angry myself.
After a few minutes of this I just got in my car and drove off. When I returned back down the road, after seeing nothing of interest the direction I had gone, I turned around and came back, figuring he would have cleared out of the area. I would have really liked to have seen one of the Park Rangers. Hopefully he would know more than the security guards who refused to enforce the other infractions that I see occur on a regular basis.

I was in luck. I came upon the Park Ranger at the on site boat launch talking to the same security guard. He was pleasant enough. Nothing like the security guard who seemed to be looking for a fight. The Ranger informed me I was completely within my rights to be where I was taking pictures. He then informed me that according to USC Title 18, Sec 795, that it stated, “No pictures of security measures on a restricted Army site”. I was impressed! This guy seemed to really know his stuff! I thought I better check this out, and promptly headed for home to get current on my photography law.

What I found was hardly what he told me was there. While that part of the law does deal with photography, it is titled, “Photographing and sketching defense installations” it makes no mention of photographing personnel or even “security measures”.
I have contacted the Ranger’s supervisor and am waiting for a response back. I will refrain from posting the guards picture at this time, but am considering this in the future.

[metaglypto]

Terrorists in the Tumbleweeds (the final chapter ?)

In case anyone has been following this drama, there may not be too many, I think an impasse has been reached. Having found some time, due to the ravages of the common cold or flu, I called the Natural Resources Manager, David McDermott, at McNary Dam. For the most part he seemed to be a reasonable man. At least we seem to have found some ground to call a truce on.


It seems he did not have the full story as to what happened this previous Saturday. I filled him in, at least my perception of all that happened. I would be surprised if he got the same story I wrote about in my last post from the security guards he spoke with.


He agreed with me that I was doing nothing wrong, in spite of what I had been told to the contrary. He said he had words with the original security guard that approached me and indicated he had instructed him to leave me alone. Mr. McDermott even went so far as to give me permission to drop his name whenever I felt threatened in my photographic endeavors of the areas around McNary Dam.


Where we parted company was in my peculiar method of acquiring high quality portraiture of the security guards that protect McNary Dam from the terrorists that must be thicker than the teenage girls following Justin Bieber on Twitter. While I found David McDermott to be far more reasonable a fellow than some of his charges, we did disagree on this one point. He in no uncertain terms informed me that if took pictures of him or his security guards, AND he asked me to stop, AND I continued to take pictures, he would issue me a ticket for something akin to “obstructing an officer of the law”. Don’t take that as an exact quote.

I am pretty sure he knows that he is treading on thin legal ice as far as making a charge like that stick. I am also relatively certain he could still issue the ticket and not have much to worry about either in terms of liability or false charges. This kind of thing has been going on all over the country with fairly regular occurrence since 9/11 and rarely do the charges stick, and neither do the officers responsible get in any trouble. That means regardless of how much I am in the right, I would still have to go to court to argue my case. An inconvenience I would not like to go through. I am a photographic enthusiast and self professed journalist, with credentials I might add, not a lawyer looking for a lawsuit.


In any case, I made my stand as well, and informed Mr. McDermott of such. If I continue to get bothered by pseudo or real law enforcement people, I would use all means available to me, including the use of my cameras and their ability to record the facts to document such harassment, including photographs of the offending people.


Mr. McDermott seemed to understand and I believe agree with my viewpoint, at least on a surface level.
The wildflowers are fading quickly, the days are getting shorter, the photographic opportunities fewer. I suspect my visits to the dam will dwindle somewhat. Next spring will bring fresh opportunities for photography. Lets hope as the next spring arrives the same hormones that embolden the bucks to chase off and gore their human rivals does not affect the human bucks in uniform in the same manner!
Thank you Mr. McDermott for being a voice of reason. While you are wrong that I cannot photograph government facilities and personnel from a publicly accessible area, we at least came to a meeting of the minds. Had I a reason for doing so, I would. At this time I do not.

---

Last edited by metaglypto; 03-18-2012 at 02:19 PM. Reason: add signature

[metaglypto]

I attempted to put in the URL for my blog site. For reasons not clear to me they were automagically edited out.

***Actually jolepp informed me personal blog URL's are not allowed in the body of a message, but that I could add it to my signature. Sorry about the mistake!

[Clicker]

"Give me a camera and i'll go out and take some photos but give me a badge and a gun and i'll go out and harass those photographers"...lol

I think you're well within your rights to dig into the legal issues because they'll keep doing so to others if they don't get others rights corrected.



btw we need a tumblr account to read your blog?

[metaglypto]

"Give me a camera and i'll go out and take some photos but give me a badge and a gun and i'll go out and harass those photographers"...lol

I think you're well within your rights to dig into the legal issues because they'll keep doing so to others if they don't get others rights corrected.



btw we need a tumblr account to read your blog?

I don't think so. Just click on the link below, it should take you there. It is close to the bottom of the blog, so you will need to scroll through a lot of other stuff.

[MRRiley]

Clicker is right... your link takes us to a login page and if you click CANCEL it dumps us into what appears to be a generic page of comments/articles/blog entries... the current top item is a x-ray photo of a spacesuit. If this is really your blog, there seems to be no easy way to find your photography rights related posts.

Mike
PF Moderation Team

On another note. Thanks for posting your experiences in such detail. As a staunch "photographers rights' proponent, it is always helpful and informative to hear what is being perpetrated by the gestapo and the "rent-a-cops" around this once free country of ours.

[metaglypto]

I will look into this.

Okay I think the signature link is working correctly now.

[Clicker]

I will look into this.

Okay I think the signature link is working correctly now.

It's still going to the sign in page for me

[metaglypto]

It's still going to the sign in page for me

Try once more. If that does not work, I may have to edit and post the pictures inline here. Not sure what is going on.

[MRRiley]

Try once more. If that does not work, I may have to edit and post the pictures inline here. Not sure what is going on.

No Joy..... still takes us to LOGIN and then to page with spacesuit xray on it (though its moved down a bunch now).

Mike

[Patajac]

just go to google and enter metaglypto tumblr

[metaglypto]

I am really sorry about all of that. I now have the images included in the first posting. Also apologize for the size of some of the pictures. It looked like it was going to let me resize in the editing, but when I saved it they all came back up to the original size.

[MRRiley]

just go to google and enter metaglypto tumblr

That seems to work....

Mike
PF Moderation Team