Hurrah for this court decision. But it is sad that innocent citizens have to go to court to keep their rights.
In response to David Nelson’s comment, I believe (but cannot quote specifics) that the ACLU has defended ordinary citizens in similar circumstances. I’m sure the Trains archive has articles about it.
The ACLU was likely induced to enter this particular dispute because one of the photographers is the editor of a national publication, and was taking the very sort of photograph that is legitimate “news” within the scope of that magazine’s purpose. I have had my issues with the ACLU over the years but in this case they were fulfilling their announced purpose for being. Had it just been two ordinary railfans however I am not sure the ACLU would have even been aware of it much less stepped in with their heavy legal firepower.
This is a great victory for the railfan community. Note that in this instance those in law enforcement – who we all know have a very tough job to do – were at least attempting to enforce a real law, which the court struck down. So they were doing their job here. It is not up to them to decide the law is invalid. More common is law enforcement attempting to enforce a law against watching trains or photographing trains which they think exists, somewhere, but does not.
Yes such can happen in the land of the free …
Thank you, ACLU, for taking this one on. Worth my dues just for this.
Somewhere there is Don Phillips column here
While it’s bad here in Chicago, it’s nothing like you folks have to put up in NYC with that clown Bloomberg as mayor trying to legislate everything. Here’s to those who fought for the right of law-abiding folks to take pics of some of their favorite things – trains.
I am wondering if this ruling applies to PATH which operates in NYC. They also have a NO PHOTO policy on their line.
I am wondering if this ruling applies to PATH which operates in NYC. They also have a NO PHOTO policy on their line.
Great news! I’ve had CP Police harass me on public property and wasn’t going to go away until I called the local law enforcement. He left the scene in a hurry. New York State Police are very attentive and run your license plate and ask what you’re doing. And the officer waited until the train went by. I try to never tresspass. Then all bets are off and we can be arrested and then there is no help. We have to be aware of what can happen.
I hope that this is passed along to other railroads and transit systems world wide! Jeffery, I hope that you burn your SOCIAL SECURITY CARD! After all, it is a socialist program!
It’s interesting that we seldom hear about railroad security enforcing the phantom law about illegal rail photography. My two encounters with the law while railfanning were with BNSF police. In the first case at Dalies, NM, the officer simply warned me to be careful and not get too close to the tracks. In the second case on Stevens Pass in Washington, the officer gave me his card and asked me to send copies of SP 4449 as it pulled a BNSF employee special over the Cascades.
Permitting police responses to terrorism to go unchecked grants a victory for the terrorists.
Those two police officers that made the original arrest, perhaps they were out at the time doing their job. When these photogs appeared, it was like “say, Joe, look what we caught”, being 911 still fresh in everyone’s minds, they figured they got themselves two “possible” terrorists! Thanks goodness they weren’t and thank goodness for the legal system. A win for railfans and hopefully the police will spend more time going after the REAL criminals! There’s plenty of those to go around!
Only back in days of communist Russia was a time when I could recall taking pictures of trains anywhere in the world being illegal.
living in England we have had the same trouble with photography on our rail system in the past-well done in winning this case it should allow the police to get on with what the taxpayer wants-catching criminals