Photographers' rights on bridges and subways, etc

from Talk to the Newsroom: Assistant Managing Editor for Photography Michele McNally

Clarification on Photographing Bridges

Q. I read what you told a student photographer in your interview on "Talk to the Newsroom." I need to bring you up to speed on the law so that you may tell people their rights to photograph.

It is perfectly legal to photograph bridges and tunnels from public areas. Imagine if you couldn't take photos of the Brooklyn Bridge? Port Authority and TBTA have signs up indicating no photography, but where is the law? Test it one day.

Second, photography is perfectly legal of bridges and tunnels from areas that are not part of their property. Imagine if you will, that you were in the rest stop at the Verrazano Bridge and took a picture of the bridge. Wouldn't you say that is perfectly legal?

Third, you said it is even less legal to take photos on the subways. Let me say that the MTA attempted to pass rules that would have banned photography, but the NY Press Photographers Association, with the help of numerous other organizations fought and won this battle.

The MTA lists this on Section 1050.9 Part C of their rules and regulations where it specifically gives the public (not just the press) permission to take photos in the subways. This rule goes for Long Island Railroad, Penn Station, Grand Central and other MTA properties.

Further, after winning this battle, the MTA sought to make it illegal anyway. We, with the help of NPPA, ASMP, NJPPA, and the NYCLU threatened to sue and the MTA again backed off with a letter sent to us from Catherine Rinaldi, General Counsel and deputy executive director for the Metropolitan Transportation Authority (MTA) who conceded to photographers in a letter that there is “no ban on photography in the Long Island Railroad or the Metro North Transit system.”

While your advice on dealing with police is probably the best advice that anyone can give, it is important to advise your photographers and any other photographers that it is their constitutional right to take photos in any public place. The NYPD also has their own rules that subject officers to administrative hearings if they violate them.

"NYPD Procedure Number 212-40
"In order to cooperate more fully with members of the news media and provide them with access to cover newsworthy events, the following guidelines will be adhered to unless safety interests or proper performance of police duties require otherwise:

"To the extent it is feasible to do so, the media’s access to demonstrations on private property will not be impeded by the department.

"The media will be given access as close to the activity as possible with a clear line of sight and within hearing range of the incident.

"When the incident spill over or occur on private property, members of the media will not be arrested for criminal trespass, unless an owner or representative expressly indicates that the press is not to be permitted to enter or remain on the property.

If the ranking offer at the incident determines that press access must be restricted in certain circumstances (i.e. in order for the Department to carry out its law enforcement functions), he retains the discretion to do so."

I'm sending you this information because you should be best informed of the rights of your photographers. Your attorneys could confirm all this information and it can be found on-line. We are always with you as your colleagues and your counsel on photography issues is important to all of us.

I hope this information is helpful to you and provides you with the ammunition that you and The Times needs to continue to do their jobs unfettered.

-- Todd Maisel, Vice President, NY Press Photographers Association