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Caught In the Crossfire – Photographing through Heightened Security and Limited Access
By Jill Waterman
Man Sought for Photographing Texas City Refineries
July 19, 2004 2:57 PM
HOUSTON (Reuters) – Law enforcement officials said on Monday they are looking for a man seen taking pictures of two refineries in Texas City, Texas.
The man, described as white with dark hair, was seen taking pictures outside the refineries, all located on the same highway, about 5PM CDT on Saturday, said Bruce Clawson, emergency management and homeland security director for Texas City.
While it is not illegal to take pictures of a refinery from a highway or street, officials would like to talk to the man to find out the reason for taking the photographs.
“This is based on the idea that al Qaeda does its homework,” Clawson said. “That’s not to say we don’t have enough home-grown idiots already who might want to do something.”
Confronting the Facts
News reports such as this fuel the fires that make professional photographers an unwitting target for scrutiny by security guards and law enforcement officials. Such confrontations have become all too common, often in cases where photographers are performing their jobs or simply doing what comes naturally—photographing their surroundings, perhaps for self assigned projects or for future revenue streams.
What are one’s rights and responsibilities when it comes to photographing the increasingly tenuous landscape of public access and private enterprise?
How should one respond when questioned by security or by another individual?
What can one do when threatened with detainment or confiscation of equipment?
The Power of a Photograph
In an essay from the book Photography: What’s the Law, attorney Robert Cavallo notes the following: “It is quite obvious that, for whatever reasons, the photographer’s vulnerability is becoming more and more apparent.” Photographs can be powerful documents, therefore the people who make them are associated with this power structure, whether this is justified or not. This makes a photographer’s unexplained activities vulnerable to a host of assumptions and threats.
Tom Stillman, an ASMP member based in New Jersey, describes a situation where he was harassed by a security guard while on assignment to photograph the exteriors of a hospital for a local Chamber of Commerce. While Stillman was photographing from across the street, hospital security approached him and then threatened to confiscate his camera. Fortunately, this confrontation was resolved by a superior officer, who informed both the photographer and guard that confiscation was not an appropriate measure.
Reconciling Differences
This situation aptly illustrates a general lack of understanding in the minds of security personnel surrounding the rights of a photographer to pursue their work. Security and police are charged with responsibilities of enforcement. In these times of heightened alerts, they often do not see beyond their immediate charge. It therefore becomes a photographer’s responsibility to educate security about what they are doing and the extent of their rights to pursue this work.
Photographers also need to be vigilant about ensuring they have all the clearances required to allow appropriate access where needed. Such clearances often extend from the primary client to include the clients of a client, such as in the example of the Chamber of Commerce and hospital above.
Stillman tells another story about past work as photographer for the annual shareholders meeting of Exxon. “I would get up at 5A.M. before the event to meet all the security personnel. They would memorize my clothing and know that I was the only photographer allowed full access. This happened long before 9/11, but security was always very tight for this meeting,” Stillman explains. In fact, the photographer arranged this group introduction after an incident where he was forcibly removed from the stage while he was working by a group of overzealous guards.
Cameras, Guns and Drugs
Suzanne & Chris Salvo of Salvo Photography in Houston, Texas regularly confront similarly restrictive shooting situations. “As industrial photographers, we’re often put into the drug and gun category—there are signs posted in the sites we visit that say, “No Arms, No Drugs, No Cameras,” explains Suzanne. “Clearances in the field have always been required, however now we also need to get clearances to enter buildings. I have to make sure we start the clearance process as early as possible,” she adds. During a recent lecture trip to California, both a written clearance and an escorted guard were required by the client, simply because the photographers were carrying cameras, even though they didn’t shoot a frame during the visit.
The most helpful change for the Salvos during these tough times has been the switch to digital. “There have been many times when I’ve gotten clearances by telling clients that they will see everything we shoot instantly,” she says.
Risky Business
Chip Forelli, a Pennsylvania shooter who specializes large format night photography, often in industrial locations, now brings published magazine articles featuring his work with him at all times. Not only do these show that he is a professional photographer, they document recognition for his personal work.
Yet Forelli has not been immune from a brush with the law. Pre 9/11, he ended up in handcuffs after being stopped by police in Kennedy Airport where he was attempting to photograph the airport's power station at night. The authorities eventually released him, apologized for the inconvenience and introduced him to the manager of the power plant who invited him back to photograph at some future date.
Forelli is mindful about experiences such as these. “When it s a question of possibly saving somebody s life then I would rather have authorities err on the side of caution,” he affirms.
It’s All In Who You Know
Michigan photographer Gary Cialdella has been questioned by security guards and police on many occasions, both locally and while traveling in the South for a personal project on the intersection between industrial landscape and the communities that exist on the fringes.
If he is questioned about his presence at a site he will calmly show his ID, then ask for the name of a PR contact, in order to request permission to return to the site to photograph.
“Security guards are generally helpful with providing such details,” says Cialdella. Indeed, this type of question can help to diffuse the confrontational tone that may exist during such interactions.
However Cialdella has had limited success in gaining access through PR channels. “I’ve been trying for three years to get permission from one site,” he notes. Contacts often respond claiming they don’t give permission to photograph, although Cialdella knows that this is not entirely accurate. In many locations access often boils down to a contact available to serve as a photographer’s escort. In situations such as this, inside contacts among the work force or a proposal to hire an off-duty worker as a guide may be an advisable route for a photographer to explore.
Places of Power Under a Microscope
Eric Crossan of Delaware recently had an assignment to shoot exteriors of the U.S. Court of Appeals for a local law firm. With street construction limiting his vantage points, he began to shoot from the sidewalk in front of this building with a handheld digital camera. After taking a few frames he was questioned about his activity by a woman returning to work after lunch. The woman departed and Crossan continued on to photograph a connected building, to make sure he obtained full coverage of the site. Suddenly, he was confronted by a member of the Special Forces Police. The tightly-wound guard stopped Crossan and told him that photographing this connected building, the U.S. Treasury, was not allowed.
Although the officer’s statement is not accurate in regard to the right to photograph from a public location, in the final analysis it is far wiser to avoid confrontation rather than to provoke it. The tools and techniques for avoiding or defusing such situations are numerous. The use of foresight and planning to troubleshoot issues of access and clearance cannot be recommended highly enough.
Preparedness Training
When working for a client, request written instructions on company letterhead. Ask if the client can provide contacts or introductions to help with inquiries about clearances. Do advance research about the location. Inquire about site conditions and potential restrictions to access.
Always travel with full identification, both a personal ID and press credentials. Consider carrying tearsheets or samples relevant to the work you will be shooting. It may also be advisable to pack a list of your equipment and/or a copy of your insurance certificate. This may provide helpful background as to your professional status if a confrontation occurs.
Be proactive when you arrive at a site. If you see an attendant or guard, approach them to explain your presence and request their permission to photograph. This gives you a green light before a confrontation begins.
If you are aware that the access you are seeking may not be granted, consider your options in advance of your arrival. Network with the appropriate PR channels to request permission. To help facilitate clearance consider whether there are other ways to access the site, such as through third party contacts.
Other options for gaining access in certain situations may include techniques for blending into the crowd, such as traveling light and using equipment that will minimize attention, dressing up as a tourist, or keeping your camera under wraps.
Negotiating a Shifting Landscape
In the current climate of war and terror threats, it’s important to realize that one’s established rights can often be overruled by situational occurrence. Be aware of this fact and be prepared to calmly explain your actions at any time. Pay attention to your surroundings and learn from your past experiences. The efforts you make in advance to avoid confrontation should help to make things easier for everyone concerned.
Q&A with Attorney Robert Cavallo
- Can a photographer take photographs of buildings and factories from a public location?
Prior to 9/11 of course. Since 9/11 everyone with a camera is a suspect. Therefore, even though you are in the right, carry proper credentials to show you are a commercial photographer. Be courteous and open when questioned by police or security guards.
- Can a security guard force you to go to their security office and hold you?
If you are on public property when you take the photos and the site you are photographing is NOT a defense installation, you do not have to go to their security offices. This can be false imprisonment.[would be? is considered?]
- Can someone take your camera?
No, unless police authorities, with some probable cause, believe that the photos you have taken may be evidentiary for some crime.
- What kind of credentials should I carry?
Carry a bona-fide press pass or ASMP card. This will be helpful in any kind of conflict. Published tearsheets showing the type of images you are seeking to photograph may also provide additional validation of your intentions.
- Do I need to make advance inquiries or arrangements before taking pictures?
Sometimes it is necessary to obtain a permit to shoot if you are on a public thoroughfare or park. This is to prevent injury to others if you are using a tripod or other equipment that may hinder the public.
- What recourse do I have if security personnel threatens to report me to the FBI or the Department of Homeland Security (DHS)?
All federal agencies are governed by the Freedom of Information Act, which allows citizens the right to inquire about any personal records that may be on file. Procedures for making a written inquiry with the DHS can be found on the Web at the following link: http://www.dhs.gov/dhspublic/display?theme=48.
- What are my legal rights?
You do have the U.S. Constitution to back you up in certain circumstances. That is of little help when you have several burly security guards around you. Use common sense in these situations. Tell them your business, show them your credentials. Remember the three C’s, be calm, be courteous and be cooperative. If they still want to take you to a security area go, but state it is without your consent and under duress. Then, get on your cell phone, call 911 and tell them you are being held against your will.
Still Photography in the National Parks
By Tony Bonnano – ASMP, New Mexico
Professional and commercial photographers often ask the question, “What permits are needed to photograph within the National Park System?”
The ASMP played an important role in establishing the current permissions process. In the early 1990’s, there were several incidents between National Park Service (NPS) staff and professional photographers. Numerous complaints from photographers led to meetings between the ASMP, the U.S. Department of the Interior officials and the NPS to clarify policies and to bring about consistency in applying permit requirements. The timing of these meetings coincided with a rewrite of the NPS Special Park Use policies that included filming and photography. The discussions initiated by the ASMP had a significant impact on the policy revisions.
These changes leveled the playing field for all types of photographers from amateurs to professionals. The issue is not who you are, but what you are doing that necessitates a permit. If your photographic activity doesn’t require any special accommodations, isn’t likely to impact the natural or cultural resources of the area, doesn’t interfere with other users’ enjoyment of the park and is in keeping with the park rules and regulations, then a permit is not required.
Permits are required for special accommodations such as: entering an area after hours, gaining access to an area normally closed to the public or setting up a shoot in a manner that may interfere with other visitors. Many NPS sites will require a permit if props, sets or models are used in photography. Photography for any kind of product advertisement–even a still life–requires a permit.
Some parks have special rules regarding tripods. In most areas, there are no specific guidelines, however tripods may be restricted or their use may require a permit in certain monuments and historic structures. For instance, tripod use has been limited in many of the monuments and memorials in and around Washington, D.C. When in doubt about this policy, it is best to inquire in advance.
It is important to remember that our National Parks and Monuments are special places set aside to preserve the natural and cultural heritage of our nation. Any activity that might adversely impact these sites is generally not permitted.
Frequently Asked Questions:
- I’m not sure if I need a permit, what should I do?
If your photographic activity does not involve special accommodations or equipment, you should proceed with your activities just like any other visitor. If, however your activity is more involved, you should contact the Park Superintendent in advance of your shoot, describe your plans and ask if a permit is required.
- How much time is required to obtain a permit and what does it cost?
This depends on the rules of the individual park and the specifics of the request. Visit the Web site of the park in question. Start at http://www.nps.gov to find the park you are interested in. One good example is the film permit requirements for Fire Island National Seashore at:http://www.nps.gov/fiis/permits/film/film.html.
- How can I prepare for photographing in a National Park?
Print out a copy of the policy for the park you will be visiting and keep it in your camera bag. Read it and take it with you when meeting with Park staff and rangers. Despite the best efforts of the Park Service, some park rangers may not be aware of current policies and may incorrectly assume that, because you are a professional or commercial photographer, you require a permit for your activity.
- Is there a general policy for still photography in National Parks available on line?
Until Recently the Still Photography Policy was easily found on the www.nps.gov Website, however changes to the National Web site resulted in its temporary removal. Most parks with significant photography activity should have their specific policies available on their Web page, which can be linked to from the national site.
- Does this permit policy apply to other federal land agencies?
This information only applies to the National Park Service. It does not apply to the Forest, the Bureau of Land Management or to the Fish and Wildlife Service. Most of these federal agencies have adopted similar policies, but check with each agency as details of their policies may differ.
- Where can I find additional information?
A knowledgeable contact regarding NPS film and photography policies is Park Ranger and Special Park Use Coordinator Delpha Maunders at the NPS office in Santa Fe. Maunders’ office phone is (505) 988-6015.
At the national level, contact Lee Dickinson, National Park Service Special Park Use Coordinator, in Washington, D.C., at (202) 513-7092.
Tony Bonanno is a photographer and ASMP local board member based in Santa Fe, New Mexico, who specializes in event, architectural and assignment work. He is also the former Regional Chief Ranger of the Rocky Mountain and Southwest regions of the National Park System. In the early 1990’s, he participated in meetings with ASMP Executive Director Richard Weisgrau, other ASMP staff and managers from NPS Washington Headquarters to discuss issues that resulted in the current permit procedures. Bonanno began his full-time photography business after retiring from the NPS.
The Power of the Press
News photographers have an additional resource for allowing access, a Police Press Pass. Although the regulations for such credentials are quite strict and relate specifically to news reporting, once received this provides an extra measure of validation for the carrier.
There are two levels of Police credentials—a working press card for journalists covering stories involving crime scenes and a Police Press ID card for those covering non-emergency situations such as parades, rallies and protests. Both credentials require the same material of proof – one (for full time staff) or two (for freelancers) written references on letterhead by a newspaper, magazine or agency and three credited news tearsheets shot within the past six months. A vehicle credential is also given to allow parking in NYPD and No Parking Anytime zones.
The following Q&A is from the web site of the New York City Police Department
- How does one qualify for a Press card?
You must be a member of the press and be able to supply the New York City Police Department with proof of your work. (See the Deputy Commissioner, Public Information's Web page for further information)
- How much is the application fee for press credentials?
There is no filing fee or any other fees for press credentials.
- How can I obtain an application for press credentials?
Applicants can call the credentials office at (646) 610-6700. We can fax an application or one can be mailed.
- How long is the application process?
A complete application takes approximately 3 to 4 weeks to process.
- I am starting out in the business and have not covered any previous assignments. How can I obtain a press card?
The company that hired you has (or can obtain) a temporary reserve working press card. The reserve card will afford you access through police lines.
- I have press credentials issued by another state or country. I will be in New York City to cover a major event. Will my credentials be honored?
Generally, valid press credentials issued by another jurisdiction are honored by the New York City Police Department. We have in certain instances issued temporary credentials valid for the specific event. We suggest that you call the press credentials office at (646) 610-6700 to inquire about the specific event.
The rules and procedures for Police Press credentialing vary from place to place. Specific details and application forms can often be found on the Web site of the law enforcement agency in your local area.
Security and Aviation
Yvonne Sanderson of Focal Plane Photo in Cleveland has had to deal with many layers of restriction to aerial photography in recent years. After 9/11 the Department of Homeland Security imposed a series of Temporary Flight Restrictions (TFRs), several of which are permanent. This adds a layer of complexity and planning to any aerial shoot, especially around major metropolitan areas or locations of mass gatherings. Aerial shooters often have to plan on contingency and prepare the paperwork related to the potential for restricted airspace to ensure they won’t encounter a sudden problem on an assignment, even if the restrictions don’t occur during their flight.
Another big challenge for aerial shooters is that pertinent offices are closed on weekends. A TFR can be imposed on short notice, yet this is not always disseminated to private aircraft owners. Up to the minute information may be available on the Web however – visit: www.tfr.faa.gov for details.
Equipment and Airline Travel
For photographers traveling with equipment on airlines, it is worth noting the following: Large metropolitan airport security checkpoints may be easier to navigate than smaller, regional airports since security personnel in urban locations may have more familiarity with photographers and their specialized equipment. If you are traveling with equipment that may be scrutinized, consider carrying a detailed checklist of your gear. If you do get questioned it is important to be professional, patient and polite when dealing with airport security.
Additional resources:
"Jeez, it's HOT out here!" by Dan Owen
To read the article visit: http://www.azasmp.org/news/hot_outhere.html
Link to permits information on ASMP Minneapolis/St Paul local chapter site: http://www.asmp-msp.org/resources/dir_perm.html
The contacts on this site may be relevant as a guide for resources to contact regarding permits and access in your own local area.