Before we agree to curtailing our hobby (voluntarily or at the force of the government) due to the exigencies of wartime, let us first be certain those concessions are necessary and proper for the circumstances. In times of war, the executive branch is given great leeway in the methods it uses to carry out its two-fold wartime duty – prosecuting the war and protecting the homefront. However, such deference can only be accorded when the United States is at war. When that exceptional wartime state is over, so is the exceptional deference to the executive granted under it.
That railfans are being accosted by police for indulging in a legal endeavour from public thoroughfares is disturbing. More disturbing, however, is talk of background checks and certifications – all executive encroachments justified by our supposed wartime situation. Let us be clear: WE ARE NOT AT WAR. This may sound strange from someone who watched the towers burn from his office window. But the United States, in fact, is not at war. We were attacked on 11 Sept., that is true. However, the Constitution specifically establishes a procedure through which this country can rightly be said to be at war. In fact, as originally contemplated, it was a glorious process requiring the assent of the two constituencies of this country – the states (Before their direct election, senators were elected by the state legislatures and represented the states’ interests) and the people (The House, being on a 2-year election cycle, remained very close to public opinion). Many would argue that this Constitutional “technicality” should be overlooked. Assuming we are at war (Congress be damned), we have a practical concern to consider: how will we know when the war is over and the temporary deference is to be revoked. There is no Berlin into which our troops can march to tell us the war is over. There is no Hirohito to sign a surrender instrument showing the cessation of hostilities. Is the war over when we’ve not been attacked for 5 year
We are not the only hobby being seriously affected by this new level of suspicion. Locally the observation area at the airport (civil and military) has been closed. The Experimental Aircraft Association notes that members with old military flights realize that they have to be careful not to allow their planes to be stolen and that their own flights might be considered suspicious. Even farmers are getting concerned that someone may try to taint our food supply and I know there are tractor and farm implement fans out there who are likely to arose suspicion if they indulge in their hobby by hanging out at a large farm.
I think what we railfans find frustrating is the idea that we have been doing this all along, that substantial infrastructure exists to support our hobby (magazines, scanners, chat rooms and websites, “hotspots,” railroad parks etc etc) and the outside world seems to suspect that this is all new and unprecedented. Have we really been so invisible?
Dave Nelson
I must ask this question again. Have you ever been or know of anyone getting arrested for being a railfan? Have you been or know of anyone being arrested for taking pictures of trains? Do you know of anyone being told that they are not allowed to stand on a public place to watch trains? I do not mean questioned, I mean arrested.
TIM A
Actually, who are we kidding? Railroad photography was banned during WWII and tens of thousands of photos were taken. No matter what they do the railroads can never create a secure environment for themselves. They are just too big, too prominant a part of the landscape and they run through too much open country. Facilities like AMTRAK’s coach yard outside 30th St. Station or Norfolk Southern’s Conway yard can’t be hidden from anybody! The gallery photograph on page 70 of the April issue of Trains is an excellent example of what I’m talking about. If there really is a security threat to our railroads, rousting people who are looking at and/or photographing trains is not going to save them from it. They would be much better off patrolling the rights-of-way looking for explosives, misaligned switches, broken and tampered with rails and vandalized signals. The desire to roust and harass simple spectators and photographers is a classic example of what Mark Twain called “insect authority”. That is the tendency of small-minded individuals with a little official clout to throw their weight around.
several democrats in the senate filed a lawsuit in federal court alleging some of what your posting states… it was dismissed as being outside the court’s jurisdiction… next case!
As usual, we are blowing every thing out of proportion. There is little that a railfan photoghrapher can supply that is not all ready available in the public domain. For example, the recent issue of Trains gave anyone who wanted to know the list and location of 96 major classification yards. It looks like a great target list for anyone wanting to create havock on our railroads. I photograph weekly and have yet to be questioned while on public property. The railroaders I talk with feel that railfans are an asset to the railroads. Over the years, I’ve spotted hot boxes, vandals and given crew members rides. I suggest we drop the issue and continue as we have and I suspect the railroads will ease off. At the same time, I’m sure trespassing on railroad property will bring the police and probably should.