[privacy] ACLU threatens to sue over limits to photographing the T

["Richard M. Smith" <rms () bsf-llc com>]

http://www.boston.com/news/local/massachusetts/articles/2006/06/13/aclu_thre
atens_to_sue_over_limits_to_photographing_the_t/
 
                

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 <http://www.boston.com/news/globe/> The Boston Globe 

ACLU threatens to sue over limits to photographing the T


By Mac Daniel, Globe Staff  |  June 13, 2006

The American Civil Liberties Union of Massachusetts has threatened to sue
the MBTA over its unwritten policy limiting photographs on T property,
saying the practice is a violation of the First Amendment and state
constitution.

``We fully understand and support reasonable efforts by the MBTA to address
concerns about criminal and terrorist activity," wrote John Reinstein ,
legal director of the ACLU of Massachusetts, in a letter sent Friday to MBTA
Transit Police Chief Joseph C. Carter . ``We respectfully submit, however,
that prohibiting photographs of or on transportation vehicles in full view
of the public is neither reasonable nor necessary."

He said the ACLU of Massachusetts will sue the Massachusetts Bay
Transportation Authority if the issue remains unresolved. Reinstein said he
sent the letter to Carter after being approached by several amateur
photographers who said they had recently been prohibited from taking
photographs of the T from public property or while lawfully traveling on the
system.

``There's absolutely no rationality to it," Reinstein said in an interview
yesterday. ``It's generally an unwritten rule about what's allowable and
what's not."

Attorney Jonathan M. Albano, who represents The Boston Globe, also signed
the letter to Carter.

MBTA officials acknowledge that the T has no written policy on photography
on the T system. Spokesman Joe Pesaturo said the agency handles those issues
on a case-by-case basis. Tourists generally are allowed to photograph family
members in key transit spots , he said .

However, Pesaturo said T police are allowed to question photographers and,
if necessary, ask them to stop taking pictures.

Pesaturo said the T has made no arrests of photographers who have not abided
by the restriction, which officials said has been around for at least a
decade.

....


  
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