Note: I am not a lawyer and the following is not legal advice – its just information and experience I’ve collected over the years taking pictures in NYC and of trains, that I offer up to the reader.

If you like to take pictures in NYC, especially of MTA stuff like trains and subways, you might want to print out a copy of the document to the left, in case you are ever stopped by MTA or NYPD.

Apparently, it is an April 2009 ‘Operations Order’ to members of NYPD clarifying relationships between NYPD and photographers – about 8 years overdue.

After 9/11, and with the rapid growth of ubiquitous digital photography, NYPD and MTA started giving photographers a hard time, under the Bush administrations ‘culture of fearmongering’. Later, the ACLU threatened to take MTA to court over the a legal ban of subway photography, and the MTA backed off, knowing they would lose that fight.

Additionally, some cops nationwide have taken to arresting or confiscating equipment from people who photograph them. The attached document really does a good job in defining the do’s and dont’s for police officers in these situations.

From my experience – and again I am not a lawyer – I would add the following tips for photographers:

1. Keep in mind that this only applies to public property and publicly accessible property. You can be in Grand Central Terminal, for example, and unknowingly be in an area which may seem publicly owned and operated or accessible but is not. That’s a gray area.

2. As noted, MTA and NYPD always reserve the right to *ask* you questions about your photography. This is frustrating, annoying, intimidating, and can make you feel like you are under suspicion, which makes people nervous. Don’t be. Just politely answer their exact questions directly and you’ll be fine. Keep in mind ‘I like to take pictures of ‘x” is a perfectly fine answer.

To really illustrate why this is necessary, there is precedent. In 2003, the NYPD questioned two men photographing a trail tunnel leading under the East River. Later, it was discovered that the two men were Iranian intelligence agents and were deported. However, I know little otherwise about this story, including whether the photos had anything to do with a terrorist attack.

3. Don’t pick fights. Really, I can’t stress this enough. If you speak with an MTA employee or officer and they insist that what you are doing is against the law or MTA regulations, think about whether you got the picture you want, and how bad you want to take additional pictures there, and how certain you are where you are is ‘ok’ before getting into an shouting match about your civil rights. I know, its soooo easy to do. I would recommend counting to ten.

Previously, I have been stopped by MTA security and asked if I had permission to take photographs at the location. I said ‘yes’ (because as far as I’m concerned, the law has given me permission). The security officer asked who gave me permission, and I responded that if she had any questions, they are to talk to Marjorie Anders or Daniel Brucker at the MTA press office.

In that case, the security guard just kind of walked away a bit confused. Which really underscores how ambiguous you will find the enforcement of photography rights across MTA – its all across the board.

I mean, this security guard insisted I needed permission to take photographs, but when I offered her to confirm I had permission, she lost interest.

Basically what it comes down to is that some MTA employees just want you to do what your told, and a lot of them are under the belief that because MTA property is private property that the rights of publicly accessible places don’t apply. In most cases people *will* do what they are told by uniformed guards, so they have this Pavlovian response reinforced for them every day.

However, I know longtime MTA employees, such as one Metro-North conductor, who told me has has never been instructed to harass photographers he sees on the Metro-North line, and never has – in fact, he takes cameraphone pics on his train all the time, and is glad to pose for tourists! (Unlike this conductor).

I also wanted to point you to a previous story I wrote about people being harassed for photography at Union Station in Washington, DC.

These incidents prompted Congressional Delegate Eleanor Holmes Norton, who sat on the boards of Homeland Security & Transportation (and was a former legal director of the ACLU) to threaten specific legislation preventing such harassment unless Union Station tenants stopped bothering photographers.

The moral of the story is don’t be afraid to take pictures in NYC or of trains and subways – your fine, and your not breaking any laws. Just be cooperative and friendly when someone asks what you’re up to, and keep in mind there are some places that might be off limits.

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Here is the text OCR’d from the document:

OPERATIONS ORDER
SUBJECT: INVESTIGATION OF INDIVIDUALS ENGAGED IN
SUSPICIOUS PHOTOGRAPHY AND VIDEO SURVEILLANCE

DATE ISSUED: 04-03-09
NUMBER: 14

1. Members of the service are reminded that photography and the videotaping of public places, buildings and structures are common activities within New York City. Given the City’s prominence as a
tourist destination, practically all such photography will have no connection to terrorism or unlawful conduct. Since photography and/or videotaping is rarely unlawful, absent any other indicators of
criminality (e.g., trespass, etc.), an investigation of a report of suspicious photography or videotaping thought to be terrorism-related is governed by the constitutional and statutory rules generally
applicable to the investigation of any other type of suspicious activity or behavior. Forcible detention of an individual engaged in such activity may occur if the member of service can articulate
reasonable suspicion that the suspect is engaged in photography or videotaping for some terrorism-related purpose. The investigation of these types of incidents will depend, in large part, upon the ability of the member to utilize the common law right of inquiry to ask
questions.

2. Members of the service may not demand to view photographs taken by a person absent consent or exigent circumstances. When there is probable cause to believe that the camera, film or other media contains evidence of criminal activity, the item may be seized, and a search warrant must
be obtained in order to view its contents. In addition, a person who has taken pictures should not be directed to delete or destroy images stored within the device.

3. Patrol Guide 212-21, “Photography on the New York City Transit System,” provides the procedure for members of the service to follow when they encounter individuals taking photographs while in the transit system. Metropolitan Transportation Authority (MTA) regulations expressly
permit photography and video recording in the subways, Long Island Railroad, and Metro-North systems; although permission is required for commercial shoots and/or the use of additional equipment such as lights and tripods (persons holding valid NYPD press passes may use such
ancillary equipment). All such photographic activity must be in accordance with MTA rules and must not endanger public safety or the operation of the transit system. Furthermore, violators of these
provisions may be issued a Transit Adjudication Bureau (TAB) Notice of Violation or a Criminal Court summons for violation of 1050.9(c) of the New York Code of Rules and Regulations (NYCRR).

4. Members of the service are reminded to follow P.G. 212-12, “Citywide Intelligence Reporting System” when suspecting or obtaining information about the involvement of a person or other entity (e.g., business, vehicle, association of criminals, etc.) in ongoing cnminal activity or
suspected terrorist activity and unable to effect a summary arrest. Additionally, when a uniformed member of the service has a suspect stopped and develops information that may indicate that the subject is connected to terrorism, they will comply with Interim Order 32, series
2008, “Communications Between the Intelligence Division and Units in the Field Regarding Suspected Terrorist Activity.”