Originally posted by TaoMaas I had a less clear-cut case than Casil's, but I'd love to know everyone's thoughts on it. There is an alley that separates the building where I work from a parking garage. The alley is used for loading/unloading of goods. There are also some garbage receptacles in there. There are signs posted in the alley that cite a city ordinance which states that no vehicle shall be parked in this alley except for the express purpose of loading or unloading. One day, while I was parked in the alley with our vehicle waiting on my producer, I decided to amuse myself by taking some still photos of a purple garbage truck that was surrounded by orange parking cones. A security guy from the office building came out and told me that I'd have to stop because the building doesn't allow photography. Technically, I wasn't in the building, nor was I shooting it. I've always kind of assumed that the alley was public property because of the city ordinances that are posted and because the meter maids WILL ticket you if you remain parked there long enough. Since it was no big deal to me, I said, "Fine" and put my camera away. But did I have a right to shoot in the alley or not? Or does it depend on whether the city or the building actually owns the alley?
It comes down to ownership. If the city owns the alley, then you have the right to shoot.
If the building either owns the alley or is leasing it from the city (making them the defacto owner) then they have the right to tell you to stop.
The building may not allow photography (the owners of said building would be more accurate), but the owners are only legally able to enforce their will if you are on their property.
Now, if they decide to intimidate you and you go along with it, then you have ceded your rights, but you can always tell them to go pound sand, and they pretty much have to. If they get in your way, you have the right to ask for police intervention to force them to allow you to go about your lawful business.
As photographers, we all need to start being proactive about enforcing our right to take pictures in public, or we will lose the right entirely.