A
while back the RedLibrarian alerted us to the fact that the MTA here in New York
was moving forward with plans to stop people from taking photographs in New York
subways and busses under the guise of combatting terrorism. Here’s an update
from the NPPA:

“New York’s Metropolitan Transit Authority
has revived its earlier effort to ban photography from New York’s subways and
buses and the National Press Photographers Association is asking all journalists
to join in the fight against this proposed ban by submitting public comments.
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The change in MTA policy would make photography on the historic subway
system punishable by a $25 fine and/or up to 10 days in prison. Other banned
activities include smoking, jumping turnstiles and putting one’s feet on the
seat. This effort to criminalize photography is presented as necessary in order
to increase security on the transportation lines and to prevent terrorism,
although it would continue to be legal to carry a licensed, concealed gun on the
subway.

While the proposed regulations contains an exception for
journalists with NYPD press credentials, the NPPA supports right to free
expression for all photographers, not just photojournalists. We also believe
that no government entity has the Constitutional right to determine who is, or
who is not, a journalist with First Amendment protections.

In
addition, because of the availability of hidden cameras and camera telephones,
this proposed ban will merely result in police wasting valuable time harassing
innocent photographers and tourists with visible cameras.

The
photography ban, which NPPA has opposed since we first learned of the plan in
May 2004, was posted in the New York State Register on November 24. The official
public comment period has begun but it will end shortly, on January 10, 2005.
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We encourage all of our members and other interested parties to submit
comments as soon as possible href="http://mta.info/nyct/rules/proposed.htm">here.

According to
the MTA Web site, comments that have already been submitted will be reviewed and
considered along with the any new comments submitted during the official comment
period.

The NPPA believes this proposal represents a part of a
larger, ongoing trend in the United States and that it is important for all NPPA
members to take action, regardless of if they are a New York resident or not.
Under the umbrella of “fighting terrorism” we have seen government officials
nationwide moving to limit free expression, free speech, and free press. While
such rights may often be inconvenient for the government, we believe that they
are essential to ensuring the liberty and freedom that we enjoy in this
nation.”