Re: Incident no. 2006-42xxx
During my visit from San Francisco, on November 10, 2006, while attempting to take photographs at the Woodley Park-Zoo/Adams Morgan Station around 21:15, I was stopped by a female employee of WMATA, wearing a uniform of a train operator, who was conversing on her mobile telephone, while sitting near the Station Manager's booth on the mezzanine level, near the fare gates at the station's exit. The female employee (who, during the entire incident, refused to identify herself by name or identification number) stated something along the lines of "I wouldn't do that..." clarifying that photography was prohibited. I immediately complied with her request and questioned her if photography was disallowed. She stated that it was. One of the male Station Managers mentioned that "9/11" was one of the reasons. I requested to see the prohibition in writing, whereupon neither of the three could produce this regulation.
I have visited over two dozen rail systems in the U.S. and abroad, as a part of my hobby - I am a transitfan who likes to take pictures on subway and light rail systems. Prior to arriving in Washington, I requested policy clarification via e-mail from WMATA Customer Service, as I do when traveling to any transit system and intending to take photographs there. I received a response which stated that permits were not required, but tripods and special lighting was prohibited. No further restrictions were given.
I investigated further to make sure. During one of the Metro Luchtime Chats, then-General Manager, Richard White, stated
"Metro has regulations regarding photography, but the regs don't cover the type of photography you described. It is unlawful to take photos on Pentagon property and Pentagon Police do enforce that regulation at our station. Post-9/11 law enforcement officers nationwide do contact people who are taking photos to determine if this is a suspicious activity. Bottom line is that visitors/tourists who want to take some snapshots in our system are welcome to do so."
Furthermore, Section 100.8, part (2) of the WMATA Use Regulations[PDF] states,
"Still photography that does not require a tripod, special lighting, film crews, models, impair the normal ingress/egress or operation of Authority services and can be accomplished by a hand held camera by one person is not regulated."
The female employee stated that I could either wait for Metro Police to clarify to me that photography was prohibited, or, in her words, for me to "go to another station." I requested a clarification of said policy. One of the male Station managers stated that he was also interested in the explanation.
At approximately 21:25 PM, Officer J. A. Cruz-Miranda (badge no. 123) arrived on scene. He requested to see my identification, which I produced, fully-cooperating with him. He asked for the reasoning behind my photography. I explained that my hobby involves taking photographs of trains and transit systems around the world for historical purposes and in this particular case, another reason for photography was the fact that one of my undergraduate Civil Engineering classes at University of California, Berkeley, related to Airport Design, was covering design of airport terminals. I decided to present a comparison between airport terminal design and design of transit stations (Washington, DC in particular). This idea was brought on after reading a recently-published book "The Great Society Subway: A History of the Washington Metro" by Zachary M. Schrag (ISBN: 080188246X). Officer Cruz-Miranda stated that photography of any kind was prohibited. After mentioning WMATA's official policy he stated that he knew of no such policy.
Officer Cruz-Miranda stated that he would run a background check on me. At around this time two more Officers, P. M. Pree, (badge no. 365) and Simmons (badge no. 197) arrived on scene. One of those two officers asked me why I was "acting disorderly." I explained the situation to both officers, and both seemed satisfied with the explanation and with my request for clarification of policy.
The female employee pointed out to officer Cruz-Miranda that I was taking "structural pictures" and that she had called that in to "Central Control" and received a reply, stating that this was prohibited. She explained that by "structural pictures," she was referring to the south-east tunnel portals, visible from the mezzanine level. I stated that I had no interest in obtaining pictures of tunnel portals, or tunnels. In fact they are somewhat of a hindrance to me, as my camera's focus quality decreases with less light. I do not use flash in subway stations for safety reasons to prevent blinding of other passengers and, more importantly, train operators, although during my visit I have seen numerous other passengers use flash photography, none of whom were stopped. My main goal was getting the station architecture, interaction between passenger flow and trains and in the station as a part of a fully-functioning subway system.
After a few minutes of deliberations between the female employee and Officer Cruz-Miranda, most of which I was unable to hear (except a phrase by the female employee, stating she did not want her picture taken), officer Cruz-Miranda stated that he found that the type of photography I was conducting required a permit from WMATA. I requested to see documentation stating this fact, citing references cited above as proof of the contrary. He stated that I should call WMATA and that "they will instruct [me] what to do." He also stated that he was not arresting me for disorderly conduct because I was fully cooperating with him. He then completed an incident report. My request to obtain any type of identification from involved WMATA employees was denied. I was then instructed to board a train heading in my direction and not to disembark until I reached my destination (in this case "Farragut West"). According to him, failure to follow these orders would result in arrest for disorderly conduct.
UPDATE 1 (11/25/06):
Contacted WMATA. No police report was filed. I also mailed my complaints to WMATA police internal affairs and WMATA customer service.
UPDATE 2 (12/5/06):
Spoke with...
Sergeant Jimmy Sawyers
Metro Transit Police District 1
900 Franklin Street, N. E. Washington, DC 20017
(202) 962-2696
... over the phone
He stated that officer was acting under policy, which states that photography of infrastructure and architecture is prohibited. This policy was not available to public and was initiated by Chief Polly L. Hansen. When asked what to do with regards to elevating this complaint regarding policy, Sgt. Sawyers suggested filing a complaint against the Chief of Metro Transit Police. He also stated, "There does not have to be a law to prohibit you from taking pictures of the infrastructure of [WMATA] facilities." He acknowledged conflict with WMATA policy and stated that Metro Police policy supersedes WMATA policy and that WMATA personnel do not have to know Metro Transit Police policy. Re-iterated the fact that photography of individuals on the system was allowed. He stated that he will consider reprimanding the officer, pending the officer's version of the events, for threatening me with arrest if I did not comply with instructions to proceed to my final destination without exiting the system.
UPDATE 3 (12/12/06):
Received a call from Jeanie (?) from Red Line Customer Service (301 - 562 - 4605). She left a message, saying my complaint would be forwarded to Metro Police. Gee, thanks! Police don't want to deal with identifying the Metro station managers involved, and now neither does customer service. I have been unable to contact her since.
During my visit from San Francisco, on November 10, 2006, while attempting to take photographs at the Woodley Park-Zoo/Adams Morgan Station around 21:15, I was stopped by a female employee of WMATA, wearing a uniform of a train operator, who was conversing on her mobile telephone, while sitting near the Station Manager's booth on the mezzanine level, near the fare gates at the station's exit. The female employee (who, during the entire incident, refused to identify herself by name or identification number) stated something along the lines of "I wouldn't do that..." clarifying that photography was prohibited. I immediately complied with her request and questioned her if photography was disallowed. She stated that it was. One of the male Station Managers mentioned that "9/11" was one of the reasons. I requested to see the prohibition in writing, whereupon neither of the three could produce this regulation.
I have visited over two dozen rail systems in the U.S. and abroad, as a part of my hobby - I am a transitfan who likes to take pictures on subway and light rail systems. Prior to arriving in Washington, I requested policy clarification via e-mail from WMATA Customer Service, as I do when traveling to any transit system and intending to take photographs there. I received a response which stated that permits were not required, but tripods and special lighting was prohibited. No further restrictions were given.
I investigated further to make sure. During one of the Metro Luchtime Chats, then-General Manager, Richard White, stated
"Metro has regulations regarding photography, but the regs don't cover the type of photography you described. It is unlawful to take photos on Pentagon property and Pentagon Police do enforce that regulation at our station. Post-9/11 law enforcement officers nationwide do contact people who are taking photos to determine if this is a suspicious activity. Bottom line is that visitors/tourists who want to take some snapshots in our system are welcome to do so."
Furthermore, Section 100.8, part (2) of the WMATA Use Regulations[PDF] states,
"Still photography that does not require a tripod, special lighting, film crews, models, impair the normal ingress/egress or operation of Authority services and can be accomplished by a hand held camera by one person is not regulated."
The female employee stated that I could either wait for Metro Police to clarify to me that photography was prohibited, or, in her words, for me to "go to another station." I requested a clarification of said policy. One of the male Station managers stated that he was also interested in the explanation.
At approximately 21:25 PM, Officer J. A. Cruz-Miranda (badge no. 123) arrived on scene. He requested to see my identification, which I produced, fully-cooperating with him. He asked for the reasoning behind my photography. I explained that my hobby involves taking photographs of trains and transit systems around the world for historical purposes and in this particular case, another reason for photography was the fact that one of my undergraduate Civil Engineering classes at University of California, Berkeley, related to Airport Design, was covering design of airport terminals. I decided to present a comparison between airport terminal design and design of transit stations (Washington, DC in particular). This idea was brought on after reading a recently-published book "The Great Society Subway: A History of the Washington Metro" by Zachary M. Schrag (ISBN: 080188246X). Officer Cruz-Miranda stated that photography of any kind was prohibited. After mentioning WMATA's official policy he stated that he knew of no such policy.
Officer Cruz-Miranda stated that he would run a background check on me. At around this time two more Officers, P. M. Pree, (badge no. 365) and Simmons (badge no. 197) arrived on scene. One of those two officers asked me why I was "acting disorderly." I explained the situation to both officers, and both seemed satisfied with the explanation and with my request for clarification of policy.
The female employee pointed out to officer Cruz-Miranda that I was taking "structural pictures" and that she had called that in to "Central Control" and received a reply, stating that this was prohibited. She explained that by "structural pictures," she was referring to the south-east tunnel portals, visible from the mezzanine level. I stated that I had no interest in obtaining pictures of tunnel portals, or tunnels. In fact they are somewhat of a hindrance to me, as my camera's focus quality decreases with less light. I do not use flash in subway stations for safety reasons to prevent blinding of other passengers and, more importantly, train operators, although during my visit I have seen numerous other passengers use flash photography, none of whom were stopped. My main goal was getting the station architecture, interaction between passenger flow and trains and in the station as a part of a fully-functioning subway system.
After a few minutes of deliberations between the female employee and Officer Cruz-Miranda, most of which I was unable to hear (except a phrase by the female employee, stating she did not want her picture taken), officer Cruz-Miranda stated that he found that the type of photography I was conducting required a permit from WMATA. I requested to see documentation stating this fact, citing references cited above as proof of the contrary. He stated that I should call WMATA and that "they will instruct [me] what to do." He also stated that he was not arresting me for disorderly conduct because I was fully cooperating with him. He then completed an incident report. My request to obtain any type of identification from involved WMATA employees was denied. I was then instructed to board a train heading in my direction and not to disembark until I reached my destination (in this case "Farragut West"). According to him, failure to follow these orders would result in arrest for disorderly conduct.
UPDATE 1 (11/25/06):
Contacted WMATA. No police report was filed. I also mailed my complaints to WMATA police internal affairs and WMATA customer service.
UPDATE 2 (12/5/06):
Spoke with...
Sergeant Jimmy Sawyers
Metro Transit Police District 1
900 Franklin Street, N. E. Washington, DC 20017
(202) 962-2696
... over the phone
He stated that officer was acting under policy, which states that photography of infrastructure and architecture is prohibited. This policy was not available to public and was initiated by Chief Polly L. Hansen. When asked what to do with regards to elevating this complaint regarding policy, Sgt. Sawyers suggested filing a complaint against the Chief of Metro Transit Police. He also stated, "There does not have to be a law to prohibit you from taking pictures of the infrastructure of [WMATA] facilities." He acknowledged conflict with WMATA policy and stated that Metro Police policy supersedes WMATA policy and that WMATA personnel do not have to know Metro Transit Police policy. Re-iterated the fact that photography of individuals on the system was allowed. He stated that he will consider reprimanding the officer, pending the officer's version of the events, for threatening me with arrest if I did not comply with instructions to proceed to my final destination without exiting the system.
UPDATE 3 (12/12/06):
Received a call from Jeanie (?) from Red Line Customer Service (301 - 562 - 4605). She left a message, saying my complaint would be forwarded to Metro Police. Gee, thanks! Police don't want to deal with identifying the Metro station managers involved, and now neither does customer service. I have been unable to contact her since.
