Trains Magazine, August 2005, page 4, editor Jim Wrinn addressed the issue of photographers taking pictures of trains, “Dear Police Chief.” Wrinn makes great points on freedoms in our society. Our country was founded on freedoms and not wholesale restraint of freedoms.
A law enforcement officer, as expressed in the editorial, “told them (the photographers) they could no longer take photos of trains, claiming the U.S. Constitution had been superseded by new laws restricting photography.” In an educational sense there has been a failure. The failure of a law enforcement officer to learn and understand that the U.S. Constitution is the supreme law of the land. A concept taught somewhere in the educational process. Hope the officer in question receives the editorial.
A succeeding article on page 28 of the same Trains Magazine, “NJ Transit may issue permits to photographs,” explores one governmental authority’s plan to make it more difficult to photograph their trains. The points expressed at the end of the article by the author are excellent questions to pose to NF Transit. What about someone taking photos from some distant away with a telephoto lens? With the questions posed in Trains Magazine and the possible NJ Transit manual outlining photographer rules should keep the lawyers busy.
Of course there is the photo of a NJ Transit engine in Trains Magazine.
I was harrassed for taking photos at Joliet Union Station by the Metra Sargant on Monday. He even wanted to run my dad’s driver’s licence. That’s rediculous. We told him we were very good friends with the security guard. Since we told him that, he didn’t run his licence. I couldn’t believe it. Nick
An editorial in Trains is of course preaching to the choir. What we need is for this editorial to be seen somewhere where chiefs of police will see it.
By the way, any guesses as to who the guys are in Kathi Kube’s photo of railfans?
The way to inform local police departments is to mail a copy to the local law enforcement agency police chiefs and county sheriffs. Get a get a copy of the editorial to the local mayor so more than one person is informed within a local government.
It is an impression from comments that the further away from urban areas the less one hears about the harassment of photographers taking pictures of trains. Of course someone will now come up with the story about the local ‘Barney Fife’ who told someone to… or else.
If I recall correctly, there are plans under way to send that particular editorial to select police forces. I don’t recall any more detail than that, though, I’m afraid.
As for the chaps in my photo, they’re very good friends who I originally met when I visited Louisville. I was riding in the Louisville & Indiana’s Columbus-Jeffersonville train when I looked out the window and discovered two crazy railfans chasing my train. Too funny, I thought! I tossed my business card out the window at them, and they contacted me a couple weeks later. Turns out, they live relatively close by, and I’ve been welcomed into their group of friends. In fact, I just helped one of them celebrate a birthday last Friday with a party and slideshow. Great guys!
While getting paid for my pictures, from time to time I’ll run into one of those types who doesn’t like news guys photographing.
My response is always the same. “Sir (or Ma’am), this is public property, and I have a right to take pictures.” 98% of them let me alone after that. The 2% who didn’t, ended up in court on the losing side of things… especially the goof who beat up a marked news car. My employer paid me to go with the company lawyer to court on that one. Through his lawyer, the goof offered to settle. I found out later the whole incident cost that goof $5000-$6000.
Of course, if you’re trespassing on railroad property it’s a different matter.
So is it true that we as Railfan’s have lost our fredom to Photograph Trains in this country? What will we do next? There is nothing else to do. I mean this is like someone holding a Gun to our head threating to blow us away if we Photograph Trains. I am very worried and very upset as well. We have lost our freedom[:(].
Allan.
Our local paper had an article today on bird watchers being hassled, the same as railfans. Of course one of the places they had trouble was near the ventilation houses for the Chesapeake Bay Tunnel. The point is, we with slightly off beat hobbies can be under suspicion, just because we’re different. You don’t hear of anyone being hassled on a golf course!
Dear Dave,
We had that article too (LA Times). Notice that when it’s a “good” hobby like birding, it makes the papers. Oh well, let’s stop preaching to the choir.
If you think the railfans have it bad - you ought to hear the stories after 9/11 those whose hobby is airplane spotting. Now just sitting beside a chain link fence on public property and writing down numbers can be considered a crime in many juristictions. And don’t even think of using that great long telephoto lens to take pictures of planes taking off – looks too much like a rocket launcher or grenade launcher.
I thought about calling both the mayor’s office and chief of police, then following up by sending them a copy of the editorial. I reconsidered because it doesn’t seem broken here in Reno. I’ve not heard of any problems locally.
Hey guys,
Just want to add my 2cents worth,Get outta town,get away fom the depot,go to the country,Im sure where ever you guys live there’s some out of town places with great scenery to take train pics at…I have a friend who’s son was out shooting pics and a UP crew tried to stop him,he told his dad and they contacted UP and got it resolved…The crew was repremanded for even saying anything to them…Let be safe out there.Videomaker
Let me ask all of you Railfans out there. “IF” I say “IF” there where to be a new law in this country BANNING Photography of trains of all types. What would you do next?
Would you still take photo’s of Trains out of public view,Or would you stop all together.
Allan.
Well, this weekend is going to be rougher. At least two railroads I know of are already notifying their employees to turn in anyone, including railfans which are specifically mentioned, and especially those hanging around tunnels, bridges, fuel supplies and parked trains. It may be best to lay low for a while regardless of what your rights are. Things will calm down again after a while.
The situation drips with irony. The Homeland Security dept begs the public to be extra vigilant around transit to look for anything out of the ordinary. So the first reaction is to order the vigilant – and informed vigilant at that, who might really notice when something is not right or is out of the ordinary – away from public property and to stop being so darned vigilant!
Dave Nelson
Before everything became run amuck regarding the photographing of trains, I was able to freely photograph the featured engine of the “Microsoft Train Simulator” number 4723.
The BNSF engine 4723 passed through Augusta, Kansas on a lazy summer afternoon in 2002. I happened to see the engine pass through town while visiting with an interested “rail fan” from Michigan. Augusta seems to be a popular place for train watching. I have discovered people from Arizona, California, Washington (state), Texas, Nebraska, and Missouri waiting for trains to pass through Augusta. Some people I have visited with others I just noticed the out of state license plates.
On the day 4723 passed through town it was slowly making its way on to the Douglass subdivision and on down toward Winfield. I hustled home and picked up my camera to pursue the train. The first stop was at Rock, Kans. and then down to south of Winfield at Hackney. No train but another south bound train was waiting on the siding at Hackney. It was obvious another train was coming from the south. I backed tracked to Winfield and the West 9th Street grade crossing. 4723 was on the north side of the street waiting on the siding for the north bound train to pass.
My daughter was with me and we were able take several pictures. The engine was not the lead engine but was the third engine from the front facing backwards to the direction of the train. The conductor exited the cab in the lead engine and was not really trying to notice us. He was most likely watching us to make sure we just took pictures from a safe distance. He stood near the lead engine and the street. The conductor was not oblivious to the significance of engine 4723 in the group of engines.
Can’t stop me from watching them, even if it is in traffic caught at a crossing. Photos are a nice extra, particularly if there’s something significant about the subject, but I still have my memory.
A search of my computer right now would find a number of pictures of (GASP!) hazmat RR cars. Why? I’m working on refurbishing our local emergency services “tabletop” simulator that includes some railroad. In order to provide those who use the simulator with a locally-oriented experience, I’m including in the project several RR cars of the variety (and ‘carrying’ the products) that we see in our area… You just never know. Oh, excuse me, there’s someone at the door…