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Repost: CTA VP explains photo policy

Zesmerelda, a contributor of great photos to the CTA Photo Pool on Flickr -- whose feed I feature at the right -- asks this question in one of her photo contributions:

"Today a CTA employee told me it was illegal to take pictures on the platforms & threatened to take my camera. I was unable to find anything on the CTA site about this. Does anyone know if this is true? Thanks!"

Click here for a prior post on this, Zesmerelda. It's a basic "Yes, but...."

Comments

When Noelle Gaffney is quoted in the previous post (linked from the jump, above) saying that CTA employees have a "right" in certain instance to ask people to stop taking pictures, she's exactly right. In fact, anyone has the "right" to ask you to stop taking pictures, or anything else they damned well please...to "ask" you. That's freedom of speech.

However, what the CTA has no right whatsoever to do is to TELL you to stop taking pictures. None at all. Even if you use a tripod and are blocking the pedestrian flow (and, really, you know you shouldn't), only a police officer can order you to stop with any force of law.

More to the point, if a CTA employee--any CTA employee--were to take your camera, that would be theft.

And guess who would be guilty of a crime then?

Mike, since the CTA is a public service, they're allowed to enact any rule they wish. The CTA customer assistants have the total right to confiscate an object that they believe is in violation of what can be on the CTA property. And that's the other catch: it's CTA property. They decide what you can and can't do on their property.

I'm in agreement with Mike.... if the CTA dare take anything from me, I'll be calling the police reporting a crime, THEFT. Anybody has the right to ask a person to stop doing anything, but who gave them the authority to take my crap. You hear from the CTA HQ it's okay to take pics as long as it doesn't blind the motorman....but who in the CTA is telling customers to turn the cameras off? The bottom line workers who, as we've pointed out numerous times, are the last people on earth to get messages about any happenings in the CTA. Most of the time when I hear about an irate CA or one trying to enforce rules that don't exist, it's because they're doing something they should be doing and they got caught!

Next time a CA tells you its illegal to takes pics....ask them for their rule book. :)

Another thing.....I know the CTA employs about 30,000 people, but how come they act like they can do anything about your complaint unless you have an ID# of the employee. Should saying "This train platform at this time on this day" be enough? I know it'll take a few extra minutes for them to look up that employee, but most employees are probably not gonna let you see their ID# or tell you their number if its not that visible.

Brad, you're mistaken.

Firstly, a station is not CTA property. CTA owns the vehicles. All of the infrastructure, including the elevated and subway structures, is owned by the City of Chicago.

Moreover, only an official vested by the government with police powers has the authority to confiscate an object from any adult citizen. The CTA does not maintain a police force. Therefore, no CTA employee has the legal right to confiscate, or even attempt to confiscate, anything from anyone.

Mike, I'm glad for your clarification because I was going to post something along the lines of the fact that the CTA owns these things, so they can tell you what they want. So, thank you, because I didn't know these things.

My only possible argument (I don't know this, I am only posing the question and/or comment), or, I suppose the CTA's argument would be that yes, the City of Chicago does own the infrastructure, etc., however, the City of Chicago is giving the Chicago Transit Authority, the "authority" (pardon the double usage) to operate, patrol and maintain the property/lines of the L. Sort of that the CTA has an easement of the land/facilities owned by the City of Chicago. (kind of like in real estate easements that are given by the owner of real estate for electric companies, etc., "the right, privilege, easement and authority to construct, operate, patrol and maintain" certain things, such as, once again, elctrical lines, etc.)

Once again, I do not know that this is the case, I am just assuming that this may maybe be the case. More though, I'd like to see if anyone KNOWS any of this.

Also, just a quick follow-up: could it be possibly that the CTA does have these rights to the property, such as how railroad companies have these rights to their rails and therefore can assign police to patrol/etc., these lands and do have the authority to?

Rather than speculating, take a look at The Photographer's Bill of Rights, which has actual legal research behind it.

http://www.krages.com/phoright.htm

Quote:

The general rule in the United States
is that anyone may take photographs
of whatever they want when they are
in a public place or places where they
have permission to take photographs.
Absent a specific legal prohibition
such as a statute or ordinance, you are
legally entitled to take photographs.

Mike, you are misinformed. The City of Chicago owns SOME of the infrastructure, but less than half. And CTA has operating agreements with the city that give it the right to control what happens on those parcels.

Specifically, the City only owns the subways and the Orange Line.

however, Gordon, when you are on someone else's property... they can generally tell you what you can and cannot do, whether your taxes paid for it or not. i don't think that CTA cares about the "Photographer's Bill of Rights". not being an ass, just I assume the CTA could give a rat's ass.

All of you people who post that the CTA can do what they wants because its CTA property are mentally defective! By law, the CTA is a public body funded exclusively with tax payer money and fares paid by (you guessed it!) Taxpayers! CTA owns nothing. They exist to provide a service to the citizens of the city of Chicago. CTA has absolutely no rights or authority whatsoever to do anything to anybody. Thats why whenever something goes down they call the police! When was the last time you saw CTA employees with badges and guns show up to deal with anything. Are you kidding me! All of you people who post that the CTA can do what they wants because its CTA property are embarassing! You all need to have your Psych med dosage increased!

"...someone who is showing an unusual interest or raising suspicion."

Thank you for making perception of people's activities and hobbies, a crime. I think I'll call the CTA and advise them of my itinerary for the next month of all the public areas I intend to take an unusual interest to.

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