Reply #36: The train crew was misinformed.

[mahatmakanejeeves]

Or just plain overzealous. You can take pictures from trains. Back before I entered recovery for my railfanning ways, I used to hang around the tracks and take pictures of trains all the time. This was well before 9/11, but despite the hysteria, 9/11 did not change everything, other than the propensity of petty dictators to think of themselves as even more important. Let me add a few links.

Bert P. Krages Attorney at Law Photographer's Rights Page

Download The Photographer’s Right in PDF format

A Stand for Photographer’s Rights

The right to take photographs in the United States is being challenged more than ever. People are being stopped, harassed, and even intimidated into handing over their personal property simply because they were taking photographs of subjects that made other people uncomfortable. Recent examples have included photographing industrial plants, bridges, buildings, trains, and bus stations. For the most part, attempts to restrict photography are based on misguided fears about the supposed dangers that unrestricted photography presents to society.

Ironically, unrestricted photography by private citizens has played an integral role in protecting the freedom, security, and well-being of all Americans. Photography in the United States has an established history of contributing to improvements in civil rights, curbing abusive child labor practices, and providing important information to crime investigators. Photography has not contributed to a decline in public safety or economic vitality in the United States. When people think back on the acts of domestic terrorism that have occurred over the last twenty years, none have depended on or even involved photography. Restrictions on photography would not have prevented any of these acts. Furthermore, the increase in people carrying small digital and cell phone cameras has resulted in the prevention of crimes and the apprehension of criminals.

As the flyer states, there are not very many legal restrictions on what can be photographed when in public view. Most attempts at restricting photography are done by lower-level security and law enforcement officials acting way beyond their authority. Note that neither the Patriot Act nor the Homeland Security Act have any provisions that restrict photography. Similarly, some businesses have a history of abusing the rights of photographers under the guise of protecting their trade secrets. These claims are almost always meritless because entities are required to keep trade secrets from public view if they want to protect them.

Now, an article by Don Phillips, who is a railfan.

Wronged Side of the Tracks?

Wronged Side of the Tracks?
'Railfans' Complain of Police Scrutiny in Terror Era

By Don Phillips
Washington Post Staff Writer
Friday, November 15, 2002; Page A01

On a balmy Sunday afternoon late last month, Richard Whitenight did what he often does on his days off: He went to a busy railroad junction in Fort Worth to watch the trains roll by.

But as he sat making notes about passing freight trains, two police cruisers approached. Over the next five hours, Whitenight -- who works for the police department in nearby Arlington, Tex. -- identified himself to the officers. Then he identified himself to the officers' supervisor, then a detective from a terrorism task force, then the FBI. They seized his trainspotter's notebook and grilled him about every mark and note in it. They searched his car and took photos of it, inside and out. Finally, he had to sign a form agreeing never to return to the location known as Tower 55.

Whitenight is one of thousands, perhaps millions, of people around the world who spend much of their time observing and photographing railroad operations out of a love for trains. In general, railroads have encouraged these "railfans" as long as they do not trespass or interfere with operations. Railroads even hold contests to use railfan photographs in calendars, and the Association of American Railroads has started a Web site to encourage the hobby.

But after the FBI announced last month it had credible reports that al Qaeda might be targeting railroads, a growing minority of railfans have been questioned and sometimes searched. A handful have even been threatened with arrest, for pursuing a hobby they have embraced for years.