Thursday, December 23, 2010

NYPD arrests guy for photographing nostalgia train

From pixiq:

The editor of a popular railfan magazine was detained, handcuffed, frisked and cited by New York City police officers for photographing trains four months ago – but the incident is just coming to light now.

Apparently, Railfan & Railroad Magazine editor Steve Barry was acting under the advice of lawyers by waiting this long to publish an account of the incident, which took place on August 21.

An account of the incident will be published in the January issue of the magazine, but the editorial was posted Thursday on Subchat.

On August 21, 2010, your editor, along with contributor Mike Burkhart, went into New York City to photograph the Transit Museum’s historic train, which was making a run to the Rockaways. After shooting for most of the day, we were waiting for the return trip at the Broad Channel station when we were approached by two (and eventually, five) officers of the New York Police Department. They insisted that photography was not allowed. After asking for i.d., I gave a verbal legal i.d. (full name and hometown) and repeatedly asked for a supervisor. I soon found myself in handcuffs.

The two men were cited under 1050.9.C of the New York City Rules of Conduct, which only forbids the use of tripods, lights and reflectors when photographing or videotaping trains, which apparently they were not using.

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.

They contacted the New York Civil Liberties Union, which got the citations dropped.

They were also cited for not producing proper identification, which they were really not obligated to do since they were not breaking a law in the first place.

Photo from Second Avenue Sagas


Anonymous said...
Old article but I am sure an updated one is on it's way.

Bottom line here is that the "officers" who arrest people in ALL cases should have their names publish along that of those they arrest.

They might be a little more respectful if they realize running back to their little cop-havens in Suffolk and Putnam are not enough to cover ill deeds.

I see the victim in this case will be suing for 50K..WAY too little. It takes at least a half million to really get the City's attention...they settle for less anyway so make it worth your while.

And the cops involved in this travesty..they'll probably get a "letter in their file" which may, or may not cause them a little trouble when they seek a promotion to detective...conveniently a few years before retirement.

Anonymous said...

Achtung! Achtung!

Abrogation of a citizen's rights are often permitted under the iron rule of Der Mayor...Reich's Chancellor Bloomberg!

And Gestapo Chief Kelly dares not incur the wrath of his these stormtroopers will go unpunished!

Anonymous said...

Retired NYPD SGT here. What the hell are these officers thinking?? Before I got out, there were NUMEROUS Dept memos explaining that taking photos wasn't illegal, aside from the flash and equipment restrictions.
If some supervisor is telling rookies to just go out and "get the number", then someone is going to eventually get thrown under the bus once the wrong person gets cuffed and makes a stink. My guess is that it will be the rookie that will be hung out to dry, not the boss who should know better. Of course One Puzzle Palace, who secretly sanctions such illegal violations, will claim no knowledge, have pl;ausable deniability, and the chastise the cops, in order to gain political favor. That is a dangerous game to be playing with someone's civil liberties, and the careers of the young cops, just for a number, boss!

Queens Crapper said...

Hey if anyone sees these vintage buses around this week, send me a shot. Just don't get cuffed!

Gary the Agnostic said...

Saw one on 34th Street last week, Crapper. Didn't have time to react.

-Joe said...

Oh yea !
The got me in Corona park with a digital SLR wile the US Open was going on.
Some of Bloomie Bootlicker Kellys 20 year old Gestapo's jumped me and made me walk to a trailer at gunpoint. The cheese in charge then was going to arrest me and keep the whole camera and bag of lenses and filters unless handed over the 1 gig Sandisk microdrive. (A large $$ media card at the time)
I didn't make a fuss (risk getting arrested) because I had Russian switchblade in my boot.

Despite the fact I got the summons DISMISSED the city kept my media card because my name or SS# wasn't on it. (No proof of ownership)
I was told it would go to police auction where I could buy it back (erased)
Wile this was happening there must have been 100's of people selling drugs and boozing it up in the dark east side the park by 111 st

Velvethead said...

The key is to go about your business in "hands off" attire, i.e. a dirty nightshirt and sandals. Sporting a three day growth enhances the look. Women not withstanding.

Anonymous said...

-Joe, in your stories you're always making somebody mad, or nearly getting arrested, or getting kicked out of a restaurant.

Ever occur to you that the problem might be... YOU?

Joe said...

No Anon, the problem is these new nerdy wet behind the ears cops do not know their ass from their elbow. (let alone the codes and laws)

BTW: I only got kicked out a restaurant once (with a girl), it was Sushi Nasawa in Sherman Oaks Ca.
The chief wanted to ORDER FOR US I politely said "no thank you we just want California rolls and a Quart of hot Sake.
--The guys went nuts and started screaming OUT OUT and beaned us with rice balls at the door.
--But that was California (not relevant) since that shithole tectonic stain on the world is not part of America anyway.

PS: Like my lawn, landscaping work, carpentry I do my own cooking. I no longer trust whats in restaurant kitchens.

The city needs $$ that bad I propose a solution:
How about Kelly flatfoots hit the rear parking lots and alleys of all these restaurants, peek into the kitchen doors than ask to see health certificates for all the illegals working in the kitchen.
500,000 big health code fines are a far bigger jackpot and easy pickings! \
Somebody needs to tell that to jackass Kelly.

AND if the mayor wont let Kelly do his job the commissioner should grow some balls, call the feds, hold a huge press conference, quit in public with a big speech.
Then watch how fast the "the people" throw the mayor and his goons out on on their ass !

georgetheatheist said...

-Joe. You're in the park with a camera and lenses. One is supposed to have cameras and lenses in a park. Along with picnic blankets, jumpropes, and Scrabble games. Why would the cops stick a gun in your face?

georgetheatheist said...

What were you shooting? Your grandmother showing pink?

Anonymous said...

The pressure being put on cops to write tickets is extreme.The big problem is they are clueless newbies being supervised and taught by people who were never real cops either.This city is fucked!

Joe said...

Why would the cops stick a gun in your face?

Stun gun
I guess because Im 6'6, 230 Lbs, have long hair and wouldnt sit on the bench. (what the FMCP bums vagrents as a night urinal & lice depository).
I said NO took a couple steps and sat on the curb.
The little 20 YO punk made me sit still wile he called for backup.
I get looks from the cops quite often especially if Im walking alone and something happened in the area.
You should have seen the eyeballs I got trick or treating (escourting) the local kids on Halloween George.

georgetheatheist said...

Thanks for the clarification, -Joe. Now it makes perfect sense.

Anonymous said...

Maybe the NYPD was suspecting Joe was going to do a Monica Seles with that switchblade