Subway photography and the law

[dots]

Source URL?

So I googled it.

Here is the official policy of massDOT (Massachusetts Department of Transportation): Only tripods and equipment that can disrupt foot traffic are prohibited on train platforms. No permission is required for non-commercial photography (e.g. images taken by tourists, railroad buffs, students, artists). Any person wishing to take images for commercial purpose must first obtain a permit (at no cost) from the MBTA. If approached by an MBTA official, a photographer must be willing to provide identification or show a permit. Except as otherwise permitted by law (e.g. lawful arrest), officials cannot confiscate or delete images without first receiving permission from the photographer. Persons taking images of MBTA property or vehicles from a public area not MBTA property (e.g. street or public sidewalk) are not subject to this policy.

 

[mrelsewhere]

Here is the source URL, which opens as a .pdf

http://www.google.com/url?sa=t&rct=...3LK9MpFmlLOyg2WcQ&sig2=UgSG8kQNmSrUNrHG8iF2xw

 

[BlairWright]

Rights that don't get exercised, get taken away.

Well said!

 

[mrelsewhere]

Other instances of MBTA harassment over the years:

The MBTA might want to inform its police officers that photography is not a crime | Universal Hub

the future is yesterday » More info on MBTA photography

MBTA Photography Policy - graysky

 

[BlairWright]

This is what they can get you on

The MBTA Transit Police Officer or other MBTA Official may allow a person to take Images at the specific location under the following conditions:
• the person provides identifying information;
• the circumstances indicate that the subject(s) of the Images does/do not pose a security or safety threat or in any way cause disruption of service or operations of the MBTA; and
• the Image(s) are for non-commercial and/or personal use. (e.g., tourist, railroad buff, student, artist, etc.).

Since that is not clearly defined all they need to do is say it's a security threat. The funny thing is that they would not be able to deny a commercial photographer a permit because they would need to prove the threat. But non commercial photography will end up your word against the 15 dollar an hour security guard.