I'm right, right? Law question

jowensphoto

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Awhile back I did some dance photos in the city next to my town. We went to the walking mall, and ventured into the alleys. There was a really cool building on one alley that was purple painted brick. I got yelled at for "tresspassing" even though we never touched the building and there's a sidewalk. I don't even think it was the owner that yelled at me, but a tenant.

As far as the law goes, I wasn't breaking any, was I? There were no windows that you could see into or anything like that. The building is on a public street, next to a sidewalk. I'm in VA, if that helps.

I ask bc I have a shoot coming up and would love to use that background again, but want to make sure I'm within the law.
 
I am guessing when you say sidewalk you mean a public sidewalk? And it's actually public, not a sidewalk on private property?
 
An alley next to a building is not always public. Depends on who owns the lot. You can always contact the city surveyor's office.
 
ask the City.
They'll know for sure (or someone should) if it was a public sidewalk or not.
but considering (assuming) that there was no sign indicating a Private location nor anything obstructing entrance into the area, I would think it would be in your favor.

I guess the question is are those particular "alleys" the backyard of a commercial building, or public building, or private building or private residence .... would help solve the question. Once again the city would be the best place to start.

Someone may have just been yelling at you as they don't know what you were there for.
 
The alley and sidewalk are definitely public property.

Thank you all. I'll probably take my chances.
 
I guess my real question. If I'm on a public sidewalk, and "happen" to get a photo of this building in the background, I'm not breaking any laws by including the building in the photo, correct?
 
.......Someone may have just been yelling at you as they don't know what you were there for.

Some people yell at others because they have a superiority complex and do not understand the law.

I guess my real question. If I'm on a public sidewalk, and "happen" to get a photo of this building in the background, I'm not breaking any laws by including the building in the photo, correct?

In the US, the general rule is; if you're on public property and you can see it, you can photograph it. The eyes cannot trespass.
 
If you are in a public place ... then everything is fair game. There is a clause called "an expectation of privacy" ... but that doesn't apply to buildings. On some government property, it is posted that you cannot aim a camera into the property, but that is posted and those properties are few and far between.

PS- Many security people will cite The Patriot Act as a reason that you cannot photograph certain structures. That is false. There is absolutely nothing in The Patriot Act forbidding photography of any type.
 
.......Someone may have just been yelling at you as they don't know what you were there for.

Some people yell at others because they have a superiority complex and do not understand the law.

I guess my real question. If I'm on a public sidewalk, and "happen" to get a photo of this building in the background, I'm not breaking any laws by including the building in the photo, correct?

In the US, the general rule is; if you're on public property and you can see it, you can photograph it. The eyes cannot trespass.


That's what I thought. The street and sidewalk are definitely owned and maintained by the city.
 
.............PS- Many security people will cite The Patriot Act as a reason that you cannot photograph certain structures. That is false. There is absolutely nothing in The Patriot Act forbidding photography of any type.

I was in Montana 3 years ago and a security guard told me "The Terrorism Act 2000 prohibits photographic government buildings."













I paused for a few seconds, then replied, "Well, Guvna. I bloody well hope you understand that the Terrorism Act is a British law, and doesn't exactly apply to the Colonies any more, 'eh, mate?"
 
I was stopped outside a Federal Court building in Los Angeles. An officer of the court, not a judge but clearly a uniformed court employee, told me I couldn't photograph the building. I told him I'm on a public sidewalk, shooting a public building ... I sure can. I questioned him, tell me what statute of the Patriot Act forbids me from shooting a Federal Building from a public sidewalk. He just stared at me ... okay, then quote or paraphrase the statute that forbids me from photographing a Federal Building from a public sidewalk. He just kept staring at me ... the light changed and he crossed the street into the building. Not as good a story as yours ... but it's all I got. lol
 
Just go to YouTube and search for "First Amendment Audit".
 
This varies from state to state and not all sidewalks are public and its important to check your local jurisdiction for the regulations as well as talk to a lawyer but I found the legislation for VA the DOT defines sidewalk here

A sidewalk is defined as the portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians.

This reads as , sidewalks (from a public perspective) are the areas from defined road curbs to the property boundaries. In other words they are not simply any concrete or other wise treated area for walking. It may very well be that an ally between two buildings is bisected by the property lines and each owner owns half of the ally on their respective sides and thus none of it is technically "public property". In some cases areas in front of properties are the responsibility of the owner and this does give them certain rights over what you would consider a sidewalk. In other cases the sidewalk may actually fall on the property in question and simply be their property. The simple act of looking and functioning like a sidewalk does not classify it as a public area the land must be property of the city for that or the owner must make it a privately owned publicly used area for certain rules to apply.
 
Just a word of caution, being in the right doesn't always make it right for your particular circumstances. I once questioned an out of line city cop on a dark road without witnesses, the guy drew on me, and had I continued to "question" who was right, I suspect he would have shot me. He was later fired for misconduct, went to another town, where he actually killed someone, was charged, convicted, and is now in prison. Given the current mentality of the country it is wise to remember that sometimes "Discretion" really is the better part of valor.
 

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