james_poulos

<p>Thanks to the actions of the NYPD instead of an article showcasing the Transit Museum and its vintage train operations the readers of this magazine will be reading about how railfans who try to photograph that train are harassed instead. If this can happen to the editor of a magazine imagine what happens to the rest of us.<br>

People pay $30 - $40 to ride that train and photograph it when it runs on select dates in the summer. The article could have been positive and attracted railfans to visit NYC to ride the train - instead the message to railfans is clear: VIsit NYC at the risk of detention and potentially months of legal hassles.<br>

"Railfan and Railroad" will be publishing the story in its February 2011 issue - meanwhile advance copies are spreading amongst the various railfan groups throughout the country.</p>

<p>In spite of the fact that photography is perfectly legal on the NY Subway (21 NYCRR 1050.9(3)) five police officers handcuffed and detained the editor of "RAILFAN and RAILROAD" magazine on 8/21/2010 while he was taking pictures waiting for the Transit Museum's historic train to pass. It is only coming to light now because the victims remained silent on the advice of their attorney until they were cleared of the bogus charges.<br>

The setails can be seen here<br>

http://www.pixiq.com/article/NYPD%20Handcuffs%20Magazine%20Editor%20for%20Photographing%20Trains<br>

The NYCLU is involved and a notice of claim has been filed - the city is going to be sued over this.</p>

<p>@ Matt Laur<br>

Just ask any railfan whose interest in the hobby is photographing trains (as opposed to building model railroads for example) and you will likely hear about an encounter or two with police. Once I was told by an officer that photography in the NY subway was illegal just before I was going to board a chartered vintage train that had PHOTO STOPS planned in its itinerary. As I was getting ready to demand a refund from the organizers, they reassured me that photography was permitted - since that was my sole purpose in signing up for the trip.<br /> The situation in New York finally improved but only after photographers and railfans repeatedly sued the City and won settlements ranging from a few thousand to mid five figures.<br /> So if you photograph nature or your family pets you are probably never going to have an encounter. But if your hobby is taking pictures of trains or documenting railroad history and structures then your chances of having unpleasant encounters increase exponentially. I know people who have been intimidated by police into giving up their hobby. Some invested thousands of dollars in camera equipment which is now gathering dust on their shelves.<br /> One of the things that we used to heavily criticize the old Soviet Union and Eastern Bloc for was the fact that they restricted photography. I used to say "thank God I live in the US - that can never happen here". It has happened and I am appalled! Even one encounter is one encounter too many.</p>

<p> </p>

<p>This is only going to increase the number of confrontations between photographers and police that is already happening. The NYCLU currently has a case pending against DHS for harassing photographers around government buildings in downtown Manhattan. Several photographers have won cash settlements for being detained and/or questioned by the NYPD.<br>

Photography is NOT a crime and there is no excuse for government to continue to treat us as if we are criminals.</p>

<p>In spite of the fact that no laws prohibit photography of federal buildings from public space, Federal officers in lower Manhattan (and other cities as well) have been known to harass and/or detain and arrest photographers. The NYCLU has finally taken action by filing a lawsuit against the DHS and the Federal Protective Service:<br>

<a href="http://www.nyclu.org/news/nyclu-lawsuit-challenges-federal-regulation-prohibiting-photography-public-plazas-and-sidewalks">http://www.nyclu.org/news/nyclu-lawsuit-challenges-federal-regulation-prohibiting-photography-public-plazas-and-sidewalks</a><br>

According to the NYCLU:</p>

<blockquote>

<p>The lawsuit seeks a court order barring federal officials from harassing or arresting people engaged in noncommercial photography while standing in outdoor public areas near federal buildings.<br>

“In our society, people have a clear right to use cameras in public places without being hassled and arrested by federal agents or police,” NYCLU Executive Director Donna Lieberman said. “We understand the need for heightened security around federal buildings, but the government cannot arrest people simply for taking pictures in a public plaza.”<br>

The complaint names the U.S. Department of Homeland Security, the Federal Protective Service, Inspector Clifford Barnes of the Federal Protective Service and an unnamed federal officer as defendants</p>

</blockquote>

<p>Hopefully a win will mean an end to the routine harassment of photographers.</p>

<p>There are three major "owners" of bridges in the NYC area and each has different rules.<br />The bridges owned by the NYC Department of Transportation (aka the free bridges), such as the Brooklyn Bridge, Manhattan Bridge Williamsburgh Bridge and 59th St bridge (only tourists call it the Queensboro) do not have any legal prohibitions on photography.<br /><br />The Bridges / Tunnels owned by the Metropolitan Transportation Authority, such as the Triborough (I refuse to call it the RFK) Bridge, Verazzano Bridge, Whitestone and Throgs Neck have posted signs. However there is no law that specifically prohibits photography. The law simply states:</p>

<blockquote>

<p><em>1020.8 Compliance with posted signs. Every motorist and pedestrian using any facility under the jurisdiction and control of the Triborough Bridge and Tunnel Authority shall obey and comply with the provisions of any posted sign on any of its facilities.</em></p>

</blockquote>

<p>If you are caught taking pictures on those bridges you are cited for "failure to obey a posted sign"<br />Finally there are the bridges/tunnels controlled by the Port Authority of New York and New Jersey (PANYNJ). Again there is no law however the PA is considered "private property" since it receives no public subsidies. As such they are given wide latitude in setting rules and they have a rule that states photography is banned on their facilities.<br />I am not a lawyer so anyone seeking definitive answers should consult with one but I hope these explanations help clarify the issue a bit.</p>

<p>To answer the part of your question regarding photography of public transit facilities:<br />Photography on the NY Subway is specifically permitted by law (in spite of what some cops may think):</p>

<blockquote>

<p><em>21NYCRR 1050.9(3) 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 provisions of this Part.</em></p>

</blockquote>

<p>Likewise there are no prohibitions against photography on the Long Island Railroad, Metro North or New Jersey Transit. The only system that prohibits photography is PATH, which is owned by the Port Authority.</p>

<p>A photographer who was arrested for taking pictures on the NY Subway recently received a $31,000 settlement for the false arrest. I know several other photographers who have received settlements merely for being detained and questioned by police for extended periods, so it is LEGAL in spite of what cops say.</p>

<p>As both a railfan and a photographer I am fed up with authorities who have taken it upon themselves to enforce nonexistent laws. Police should only enforce the law as written. Photography is not a crime therefore there is no reason to harass or interrogate photographers. Anyone who really believes there is a link between terrorism and photography should read http://www.schneier.com/blog/archives/2008/06/the_war_on_phot.html<br>

To put it plainly I am fed up with people using 9/11 as the justification to intimidate us into giving up our hobby. The police and other authorities are trying to accomplish through intimidation what they could not accomplish through legislation. Unfortunately they are succeeding - railfans who used to be prolific photographers have quit the hobby due to this harassment. Who knows how many historically significant photo opportunities have been lost?<br>

Fortunately a few of us fight back. Railfans in New York who were detained by police for questioning while taking pictures of the subway or Amtrak in Penn Station have won five figure settlements. The most expensive settlement was for a photographer who was awarded $31,000 because he was detained for 20 minutes ($1,500 per minute). If more photographers sued each and every time they were harassed by police eventually the harassment will stop</p>

<p>As Charles Webster mentioned Cameras and other equipment are depreciable over the life of the asset. IRS uses tables that classify different types of assets and the number of years that each must be written off over. You may also be able to apply Section 179 to write off certain assets in full in their year of purchase. Note that cameras are considered "listed property" and the depreciation tables you use and the eligibility for Section 179 treatement depends on the percentage of business use. Check with your accountant or tax professional.<br>

Car expenses - if you use your car for business you can either deduct actual expenses (depreciation on the car, gas, tolls, etc) or use a standard mileage rate. The mileage rate (which is currently 50 cents per mile) works best for most people.<br>

Sales Tax - check with the sales tax department of the state that you are going to be selling in. As Colin stated rules differ from state to state.<br>

Best of luck with your venture!</p>