Photographer Stopped And Told Permit Is Needed To Use Tripod On Roosevelt Island - A Mistake Says RIOC, Issue Resolved, Policy Clarified

Tripod Image From Camera Talk

Using a Tripod to take a photograph on Roosevelt Island? If so, you need to get a permit to do so according to one Roosevelt Island Public Safety Officer.

Here's what happened. Last Friday, on the same day that I posted this story about a Roosevelt Island Operating Corp (RIOC) Staff person's attempt to embargo publishing of Roosevelt Island Tram photos,  a resident photographer was told by a Public Safety Officer that he needed a permit to use a tripod when taking pictures. According to the photographer Duc Le:

I had an experience this afternoon that is related to your blog post today ("Embargo Roosevelt Island Tram Cabin Test Run Photos Instructs RIOC Staffer - No Way, Information Wants To Be Free"). I set up my camera and tripod to take long exposure shots of the Roosevelt Island Bridge. Before I could take one shot, a PSD officer pulled up in his SUV and asked if I had a permit to use a tripod. Being unaware of such a "requirement", I informed the officer that I did not have a permit. He went on to tell me that a permit is required for use of a tripod "anywhere on Roosevelt Island," but that I was free to use my camera to take photos. The officer continued by saying that these were rules that were meant to mitigate threats from terrorism, especially since I was facing east in the direction of the Con Ed plant.

Needless to say, I was a bit confused by the correlation between use of a tripod and terrorist threats (but I was free to use my camera). When I asked the officer how using my camera was ok but the tripod somehow posed a security threat, he said he didn't know but simply reiterated the fact that the rule was to reduce a terrorism threat. I then asked him about the requirements to obtain a tripod permit. He stated that he didn't know and that I should go to "591 Main Street" to get a permit. Being a new resident, I had no idea what 591 Main Street was. So, I put away my gear and walked to the address given to me. At 591 Main Street, I found the RIOC office. I entered the office and inquired as to how to obtain a tripod permit. The woman at the front desk (her name is Karlene, as I recall) told me that I did not need a permit to use my tripod. She told my story to another gentleman who was walking by (I believe his name is Fernando), who then asked me what I was photographing, at which time I told him I was shooting the Roosevelt Island Bridge. He then told me (and Karlene) that it was ok. At this time, Karlene called PSD and told them that it was ok for me to use a tripod on the Island.

So, from this story here are my thoughts:

- How are tripods a threat? As I told Karlene, I have no problem following regulations that will truly mitigate terrorist threats but no one, not the PSD nor anyone at RIOC, could tell me how such a regulation against tripods would make us more secure. In the absence of a logical foundation based on rational thought, any regulation against tripods or the use of "professional" equipment is purely arbitrary. As I said to Karlene, unless you can tell me the basis for such a regulation, you might as well ban blue shirts (Karlene was wearing a blue shirt). Arbitrary laws is a slippery slope.

- PSD needs to know the regulations that they have been hired to enforce. In this case, I want to thank Fernando and Karlene for clearing up the issue with PSD and allowing me to use my tripod. To be honest, I'm still not sure what the law is regarding the use of tripods on RI, but I don't think anyone else does either.

In any event, I've seen plenty of people using tripods here and, either amateur or professional, I see them as photographers simply looking to capture great photos. It's a backward world we live in when a PSD officer looks at someone using a tripod and the first thought is of a security threat. Common sense and logic are in a losing battle to blind fear and irrationality.

Ok, this rant is over:)

The "Fernando" referred to is RIOC VP Of Operations Fernando Martinez. Good job by Mr. Martinez in quickly resolving this matter.

This is the photo Mr. Le was using his tripod to take.

Image From Duc Le

Mr. Le writes:

... the light was better when the officer stopped me but I lost 30 minutes due to my detour. This was a 25 second exposure, so a tripod was a must to shoot this.

With Mr. Le's permission I then forwarded his message on to RIOC Public Safety Department Director Keith Guerra and asked:

... Can you please clarify what RIOC's photography policy?

Also, how do you insure that each Public Safety Officer is familiar with the policy.

Mr. Guerra indicated that he would look into the matter and asked if I would hold off publishing the post until he found out what happened. I agreed to do so. Mr. Guerra also said it was not the regulation to require permits for using a tripod.

Mr. Guerra now reports:

I have been able to inquire about the incident in which you emailed me about. What I can say is that there was a communication issue with regard to the information that was given to Mr. Duc Le.

Last year, I attended a Shield Conference and the topic of photographs - as they relate to Anti-terrorism - came up. In these days and times, Law Enforcement entities are charged with trying to protect the communities in which we serve, while trying to preserve their rights. I had the Officers trained in this and several other topics of Homeland Security.

The general consensus was that if anyone is seen taking photos that could be considered potentially dangerous, these persons should be questioned. Potentially dangerous photographs included, but were not limited to, photos of bridges & tunnels, photos of power plants, photos of airplanes, photos of transportation systems, etc. The purpose of the inquiry is not meant to badger the photographer, but to try to insure safety for everyone. Officers were instructed to merely obtain ID from anyone taking such photos on the island, and to ask the purpose of the photography. If not Commercial in nature, then they were free to continue. If Commercial in nature, then a Permit must be secured from RIOC.

The use of a tri-pod has no bearing on either of the two scenarios described above. It is considered by some to be a tool used by Commercial Photographers, although a non-commercial photographer may own and utilize one. The Officer was a bit confused with the information that he had obtained from the training session. Rest assured that the Officers will receive more training in this area. The key is that they are attempting to insure the safety of this community, and the cooperation of the community is appreciated.

The NY Times reported earlier this week on a settlement reached regarding taking photographs of Federal buildings while standing on public streets. From the NY Times:

The right of photographers to stand in a public place and take pictures of federal buildings has been upheld by a legal settlement reached in New York.

In the ever-escalating skirmishes between photographers and security agencies, the most significant battlefield is probably the public way — streets, sidewalks, parks and plazas — which has customarily been regarded as a vantage from which photography cannot and should not be barred.

Under the settlement, announced Monday by the New York Civil Liberties Union, the Federal Protective Service said that it would inform its officers and employees in writing of the “public’s general right to photograph the exterior of federal courthouses from publicly accessible spaces” and remind them that “there are currently no general security regulations prohibiting exterior photography by individuals from publicly accessible spaces, absent a written local rule, regulation or order.”

[The full text of the settlement.]