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.

__________________
Take care,

Mark & Mary Ann Weiss


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That's horrible, I hope you get somewhere with the letter. There is absolutely no reason to ban filming on a train. The only place they can ban filming is at a security checkpoint where films could help future terrorists/evil-doers avoid security. Two weeks ago when I was in the Bahamas I could film on planes and film in the airport, just not in customs.

You are right, that is a serious violation of basic freedom, and it was a very "communist" move by the railway.

It is rather ironic that, at an airport, a typical terrorist target, the attitude toward video is more lax than on a train pulling out of New York City. I agree that there was absolutely no risk to the transit authority in my recording video of the sights of NY. Perhaps the buildings are copyrighted nowadays? It just seems so absurd.

It's been a week and a half since sending the letter and 5 carbon copies to news agencies, mayor's office and NY ACLU, and so far I have heard nothing. I thought the ACLU at least would be interested in this matter. Apparently not?

__________________
Take care,

Mark & Mary Ann Weiss


www.basspig.com The Bass Pig's Lair - 15,000 Watts of Driving Stereo!

www.mwhdvideo.com
www.candlewoodvideography.com
www.adventuresinanimemusic.com
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During my time living in the NE US (NY & CT) -- most of my family is still there -- I noticed a shocking sense of entitlement among the natives there that I haven't seen anywhere else, the sense that they can do whatever they want with no regard for others, whenever they want, simply because they want to. Like the guy who decides it's his right to tie up traffic by making a left turn from the right lane, simply because it's more convenient for him, other traffic be d***ed. And then when they're told they can't, they throw a hissy-fit and copy the whole world.

To my knowledge there is no constitutional right to shoot videotape on private property. I don't believe this is enumerated as one of the inalienable rights in the Declaration of Independence, either. Metro North is a private company administered by the MTA (note the word AUTHORITY in the title) and they can decide what they let anyone do on their railroad, just as anyone can decide whether or not to be a passenger on said railroad.

A suitcase nuke under GCT could potentially do way more damage that anything one could do at any airport.

Sure the rules are stupid. Blame the terrorists for creating such a paranoid, ridiculous atmosphere. But that doesn't mean that a tantrum, even when written down and copied to city leaders, is entitled to a response resulting in a change of policy just to mollify the writer. And the ACLU is too busy defending Nazis.

I don’t know whether I should be shocked or saddened by the failure mentality of this attitude. It surely suggests that the terrorists have won the war, as they have caused people like yourself to cower in fear, restricting your enjoyment of life so as not to be noticed. That’s so sad. And that’s not the American Spirit. It seems that America has been lost. I remember a robust, courageous and resolute America. This paranoid country is not how it is supposed to end up.
Although I’m not religious, I do believe in the Ten Commandments. Anything outside of them is not proscribed, and thus these freedoms are left to us.
If a tourist wants to shoot video of the scenery from the vantage point of a train, I see absolutely no harm. The buildings are not copyrighted as in England, so there is no legal restriction. If you think this is “entitlement”, then you’re darned right it is. We are a FREE people. As long as we don’t do murder, commit adultery, bear false witness, steal from our neighbors, and other things proscribed as evil, then all other things are open to us to enjoy as morally-acceptable activities.
Your traffic example doesn’t fit into this discussion, as it is an act of danger and immorality to act in a manner that would cause a crash. Taping video through a a train window will never in a million years, cause a crash.
And I don’t by the terrorist angle. A real terrorist would gather his intelligence covertly, not carrying a big, obvious camera out in the open.
I had no idea that “public transportation” was private. I’d wager that a good portion of their funding comes from tax money. And that their railroad tracks used eminent domain to take away private property from citizens in their path of construction. And finally, I paid for my ticket, a hefty sum of money. I think that I’m entitled to do whatever non-disruptive activity on the train that I please. Lest we start regulating what books people can read on the train, or what conversation is disallowed. You see, there comes a point where if we fail to draw the line on what things an entity or organization can outlaw, then we find ourselves on the slipperly slope to Fascism and Communism.
Personally, I don’t blame the terrorists for this situation; I blame our government for failing to fight a war to WIN against our enemies. When we proscecute our own soldiers for doing what a soldier is intended to do, then we are not fighting a war against the enemy, but playing a game of charades with the media, while the corporations benefit from the spoils of war. Personally, I’m fed up with it. This is MY country. If anyone can’t live courageously like an AMERICAN, then he should move to a country that fits with his own beliefs.

__________________
Take care,

Mark & Mary Ann Weiss


www.basspig.com The Bass Pig's Lair - 15,000 Watts of Driving Stereo!

www.mwhdvideo.com
www.candlewoodvideography.com
www.adventuresinanimemusic.com
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well done.
U have my 1000000x1000000 support

thanks to defend our rights

Defenettely I agree that the terrorists won.
They wanted us to lose our freedom, and they got what they wanted.
We are not anymore freedom, thanks to our governments policy.
tx