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Letter to MTA January 7, 2005
Dear Chairman Kalikow and Commissioner Kelly: We write to express our concerns regarding MTA New York City Transit’s proposal to ban taking photographs, film or video in the subways and on buses with limited exceptions — and to suggest a more narrowly tailored alternative approach. Our Concerns Under the current section 1050.9 (c) of MTA New York City Transit’s Rules of Conduct: “Photography, filming or video recording in any facility or conveyance is permitted except that ancillary equipment such as lights, reflectors or tripods may not be used. Members of the press holding valid identification issued by the New York City Police Department are hereby authorized to use necessary ancillary equipment. All photographic activity must be conducted in accordance with the provision of these Rules.” In May 2004, the Board of the Metropolitan Transportation Authority voted to consider reversing this policy. We respect the need to foster security in the transit system. But we also believe that there are important values in having photographers document life and conditions on the subways and buses. In our view, photography enhances the safety and security of the transit system. For example, many riders have photographs to reveal dangerous conditions and to get them fixed. Indeed, since the early 1980’s, the MTA itself has extensively published photographs — from pictures of deteriorated subway cars and buses to crumbling stations — to make its case for $30 billion in new capital investment. These funds have resulted in dramatic improvements. Photography in the subways also bolsters tourism, fosters public interest in transit and provides a vital record of city life. The MTA itself has recognized the historical and social value of subway photography. The agency sponsored an exhibition at Grand Central Terminal of photographic images "offering a peek into the lives of New Yorkers throughout the decades, from quiet moments reading on a crowded train to grandstanding youths on an elevated platform." Photographers in the MTA-sponsored exhibition included Bruce Davidson and Henri Cartier-Bresson. The proposed rule provides two exceptions that raise additional First Amendment issues of favoring one kind of expression over another. The rule would permit photographs by "members of the press holding valid press identification cards issued by the New York City Police Department" or "others duly authorized in writing to" take photos, films and video. No standards are detailed in the proposed rules for issuing such authorizations An Alternative Approach We believe that the current rule permitting photography has served the system well. There is a strong argument for simply retaining the rule and relying on existing policing powers to address security concerns. That said, if the NYPD and MTA consider the current rule inadequate, we suggest consideration of a more narrowly tailored approach: prohibiting photography in non-public areas of the subways. This would prevent photography inside of potentially sensitive areas, such as dispatcher towers, police facilities or underwater tunnels. But it would allow photography in public places, such as in and of subway stations and in and of subway cars and buses. The key here is a clear standard that could be easily understood by the public and fairly enforced by the police. We appreciate your consideration of our views. Yours truly,
cc: Hon. Katherine Lapp
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