Camcorderinfo.com Message Board - View Single Post - Metro North Railway, Soviet-style (ban On Photography)

After spending a full day in New York City on Saturday, I and a small group were riding the Metro North Railway back to South Norwalk, CT.

I had my video camera with me, and had been videotaping all over the city. We even rolled tape inside the Museum of Natural History, as well as Grand Central Station, and in the tunnels and railway platforms while waiting for our train. I had my copies of "Photographer's Rights" printed and in my bag, just in case, knowing how unreasonable NYC had become post-9/11, just in case. But we encountered no problems prior to our homebound train ride, so I was relaxed and non-chalant about taping the scenery through the window that I was sitting next to as the train left New York. The car was empty except for my traveling companions who were also in the city to shoot video and take photos.

I was absolutely stunned, when the conductor came by to punch my ticket and told me that videotaping on the train was prohibited. I informed him that public transportation, according to the ACLU law library, was not a prohibited place to conduct photography or videotaping, provided it was done in a manner so as not to disturb other riders. And shooting out the window, with no other riders in the viscinity, certainly bothered no one. I asked him if the railway was privately-owned, because if it was, then I would comply in deference to the right of private property owners to dictate rules. But MTA is a public railway, so no such sovereignty can be granted them and since it is not an act such as initiating physical force against other passengers or staff, then no crime was being committed.

The gentleman was stubborn about the "ban" and, in consideration for my friends, with whom I was carpooling after the train reached our destination, I decided not to turn it into a federal case by resisting and continuing to shoot beautiful hi-def footage of NYC as we were leaving the city. I lost a nice opportunity to get some very nice elevated footage, and it rather ruined part of the intent of the trip.

When I returned home, I researched the law, and it turns out the ban was proposed by the MTA Police, but turned down by the Mayor's office, due to obvious constitutional reasons. The conductor was overstepping his authority by insisting I comply with a nonexistent law.

At this point, I am writing a letter to Mayor Bloomberg, the MTA and the ACLU in carbon copies, expressing my displeasure with the MTA's Soviet-like behavior.

When a tourist cannot take pictures or videotape the scenery through the window he is sitting next to on a train, there is something seriously wrong. This no longer resembles America. It resembles Soviet Russia in the 1950s.