Man sentenced to 90 days for taking pictures

[Josh66]

While I was living in Texas, they had a different "State Tax" changing from TOWN to TOWN, not even county to county. Different laws for different geographical areas.

True. The town I live in has different laws than the next town down the highway (in the same county). ...Annoying.


I think "common sense" will save you 99% of the time. But, there are some laws that defy common sense...

 

[JerryPH]

I don't agree that someone should spend money on a lawyer to provide basic information related to the law and photography.

Basic to whom? You? Me? Some guy in Peru? How could you or I help some Peruvian needing LEGAL advice from here?

Unless you know the laws specific to the EXACT location of the person doing the asking, you cannot and SHOULD NOT offer it. Chances are you are going to be giving out improper legal advice.

Personally, the last thing *I* would be doing is asking anyone on the internetz anything about the law, even if they told me they were the lawyer living next door to me.... how in the heck could I make sure, unless I went next door and knocked on his door?

Listening to legal advice from here would more than likely land me in jail as that lawyer is some 14 year old with good grammar and me being very gullible... lol

If you are going to be screwing around with the law, it is a small fee to pay some lawyer to spend an hour of his time and get it straight... and when someone questions you, you have the facts, undisputable and straight from the law books. Speaking of books, if you don't want to spend the $100 to save your hiney... consult a local law library. Though less reliable, it is STILL better than getting it off the net... as THAT is as unreliable as it gets!

 

[skieur]

I hate to say it, but you are both wrong, and both right... it depends on country, county and even city laws. You guys are talking apples and oranges.

If you want the ONE right answer... set the EXACT location and then talk to a local lawyer. That is the only way you can settle this, if that is your desire.

While I was living in Texas, they had a different "State Tax" changing from TOWN to TOWN, not even county to county. Different laws for different geographical areas.

I am sure this discussion of rights or expectations to privacy is also something that will greatly vary from location to location. I know it varies from state to state in the US and changes TONS from province to province in Canada.

Talk about "apples and oranges", different taxes from one location to another in NO way relates to photographic rights and privacy which are federal in Canada and Britain and state and federal in the US.

By the way, local bylaws related to photography are not even legal until they have been challenged and upheld in court. Moreover most of them tend to be reasonable in dictating that you can not disturb normal pedestrian traffic or park enjoyment by setting up and using major production equipment without a permit. If they prevent you from taking photos beyond the restrictions of federal laws, then they are open to court challenge.

skieur

 

[table1349]

I hate to say it, but you are both wrong, and both right... it depends on country, county and even city laws. You guys are talking apples and oranges.

If you want the ONE right answer... set the EXACT location and then talk to a local lawyer. That is the only way you can settle this, if that is your desire.

While I was living in Texas, they had a different "State Tax" changing from TOWN to TOWN, not even county to county. Different laws for different geographical areas.

I am sure this discussion of rights or expectations to privacy is also something that will greatly vary from location to location. I know it varies from state to state in the US and changes TONS from province to province in Canada.

Talk about "apples and oranges", different taxes from one location to another in NO way relates to photographic rights and privacy which are federal in Canada and Britain and state and federal in the US.

By the way, local bylaws related to photography are not even legal until they have been challenged and upheld in court. Moreover most of them tend to be reasonable in dictating that you can not disturb normal pedestrian traffic or park enjoyment by setting up and using major production equipment without a permit. If they prevent you from taking photos beyond the restrictions of federal laws, then they are open to court challenge.

skieur

Sorry, but local laws are legal the moment they are published on the date the ordianace specifies. The courts do not decide if a passed law is legal, the decide if one is illegal. Not all laws get challenged in court.

 

[skieur]

I don't agree that someone should spend money on a lawyer to provide basic information related to the law and photography.

Basic to whom? You? Me? Some guy in Peru? How could you or I help some Peruvian needing LEGAL advice from here?

Unless you know the laws specific to the EXACT location of the person doing the asking, you cannot and SHOULD NOT offer it. Chances are you are going to be giving out improper legal advice.

Personally, the last thing *I* would be doing is asking anyone on the internetz anything about the law, even if they told me they were the lawyer living next door to me.... how in the heck could I make sure, unless I went next door and knocked on his door?

Listening to legal advice from here would more than likely land me in jail as that lawyer is some 14 year old with good grammar and me being very gullible... lol

If you are going to be screwing around with the law, it is a small fee to pay some lawyer to spend an hour of his time and get it straight... and when someone questions you, you have the facts, undisputable and straight from the law books. Speaking of books, if you don't want to spend the $100 to save your hiney... consult a local law library. Though less reliable, it is STILL better than getting it off the net... as THAT is as unreliable as it gets!

You seem to be trying to draw analogies and stretch points to avoid the basic fact that legal concepts in the area of photography are similar for most of TPF, since the majority live in the US, Canada, Britain, Europe, etc.

skieur

 

[Opher]

The law in the US is that you can photograph anything or any one so-long as they are in a public area. Canada is a little more strict as you can get charged with trespassing for taking photos in the mall. I may be a bit off but i have done some research on the subject. Because he was in a store and not just the mall aria he may be liable for trespassing but other than that he should be able to fight it.

(i am in no way endorsing his misbehavior but from a legal aspect he has done nothing wrong)

Correct me if im rong i like to stay up to date

 

[usayit]

btw.. (a bit off topic) Texas doesn't have a state level income tax which resulted (in part) with different tax codes for different municipalities. Much of the local tax codes did make sense. For example, Addison (North Dallas) gave tax breaks to restaurants to help revive a failing local economy. What I didn't like was using local taxes to make up for the lack of state level income tax revenue because it is a very regressive form of taxation.

Grew up in Texas.. still a Texan at heart.

 

[skieur]

The law in the US is that you can photograph anything or any one so-long as they are in a public area. Canada is a little more strict as you can get charged with trespassing for taking photos in the mall. I may be a bit off but i have done some research on the subject. Because he was in a store and not just the mall aria he may be liable for trespassing but other than that he should be able to fight it.

(i am in no way endorsing his misbehavior but from a legal aspect he has done nothing wrong)

Correct me if im rong i like to stay up to date

In Canada or the US, a photographer can be charged with trespassing for shooting in a mall or a store, but that seldom happens in either country. If you set up a tripod, people need to walk around you, or you are a visual distraction, then you might be spotted by a security guard and told that photography is not allowed. If you comply, there may be no problem. If not, you may be escorted off the property. You are unlikely to be charged with trespassing, unless you cause a disturbance or are aggressive.

If, on the other hand, you look like a tourist and are taking some quick shots on the move, you are unlikely to even be bothered. I even told one security guard, that I was taking a photo to show what the item looked like, to my wife. He did not even ask to see my photo.

skieur

 

[JamesMason]

In britain they arrest you for entering a camera shop. Carry a dslr in public and you are sure to be hanged.

 

[UUilliam]

In britain they arrest you for entering a camera shop. Carry a dslr in public and you are sure to be hanged.

Nah britain just cannot be that hard, our legal system is too ***** for that...
The most we get is Life for murder (uhmn... life is 20 years according to law...)

And sometimes extended sentences

The americans are badass at legal systems, Say hello to a police officer over there, oh sorry i mean a Cop over there, You better hope your lucky and not get jailed for 2 years for saying hello ;P

Scotland is the place for toggers,
No trespass law, But they balance it out with Criminal damage charges (however if you don't damage anything, there is nothing they can do...)

 

[JamesMason]

You're right our legal sytem is far too soft. Just wish that police would do something usefull with there time rather than harrasing photographers or people who drop cig ends and sweet wrappers.

 

[bp4life71]

Let me add something to this. First off, I'm a 10 year veteran in Federal Law Enforcement.

You will NEVER get arrested for taking pictures in a public place. This man HAD to do something malicious while taking the photos.

To the person who stated that someone got arrested for taking pictures of TOPLESS woman on a PUBLIC NUDE BEACH.....

YOU CANNOT BE ARRESTED FOR TAKING PICTURES IN A PUBLIC PLACE! There is no expectation of privacy when you are in a public place. These woman walking around with their juggies out had no reasonable expectation of privacy. If there was an arrest, it was not for simply taking pictures of them...there had to be something in addition to.

I know what I'm talking about, I am a certified Law Instructor for the Federal Government.

 

[bp4life71]

The law in the US is that you can photograph anything or any one so-long as they are in a public area. Canada is a little more strict as you can get charged with trespassing for taking photos in the mall. I may be a bit off but i have done some research on the subject. Because he was in a store and not just the mall aria he may be liable for trespassing but other than that he should be able to fight it.

(i am in no way endorsing his misbehavior but from a legal aspect he has done nothing wrong)

Correct me if im rong i like to stay up to date

What was his misbehavior? I didnt read the article, but you guys have and stated that it doesnt say anything other than he was taking pictures of a girl with his cell phone.

If he was doing something wrong by taking pictures...alot of you are in big trouble!

As "perverted" as it may seem to take pictures of little girls, there is no laws against it. I personally think the guy is a freak, and I too would want to beat his "you know what". I have small kids, and If somebody was to come up and start taking snapshots...id be angry.

 

[skieur]

The law in the US is that you can photograph anything or any one so-long as they are in a public area. Canada is a little more strict as you can get charged with trespassing for taking photos in the mall. I may be a bit off but i have done some research on the subject. Because he was in a store and not just the mall aria he may be liable for trespassing but other than that he should be able to fight it.

(i am in no way endorsing his misbehavior but from a legal aspect he has done nothing wrong)

Correct me if im rong i like to stay up to date

As "perverted" as it may seem to take pictures of little girls, there is no laws against it.

I don't know why anyone would see taking pictures of little girls or boys as "perverted". Probably the same types who consider that taking photos of buildings is a terrorist act.

I did both for a very long time as part of one of my jobs without any releases, since none were necessary. All were candid, action, or sports.

skieur

 

[PhotoXopher]

I don't know why anyone would see taking pictures of little girls or boys as "perverted". Probably the same types who consider that taking photos of buildings is a terrorist act.

Are you a parent?

If I saw someone taking pictures of my kids, especially with a phone camera, I'd be really suspicious and would ask questions.

Having the right to take photographs doesn't override my right to be a concerned parent.

PS
I take photos of a high profile building in the city I work in almost daily, and I do wonder what people think. However if I was ever approached I would be happy to talk to them and show them the photographs.