Shutterbug Fights Bogus Ticket

Photo of Subway Car Lands Man in Cuffs
Published : Tuesday, 09 Feb 2010, 9:56 PM EST

JOHN DEUTZMAN
FOX 5 INVESTIGATIVE REPORTER
MYFOXNY.COM -- Robert Taylor likes to take pictures of things, like subway trains. He works for the transit system, but as a private citizen, snapping photos of trains is sort of his hobby.

"It makes good wallpaper," he says. "It's a good backdrop on my computer."

He never thought the harmless hobby could land him in cuffs.

Last year, he was at the Freeman Street station in the Bronx when he was stopped by police for taking pictures of a passing train.

"I was just about to make a motion to get on the train and the cop said, 'Come here.' I was already on the train, he said get off the train," Robert says. "I came off the train and he said I'm not supposed be taking pictures."

But you are allowed to take pictures in the transit system.

After September 11, 2001, there was some talk about restricting the public's right to take pictures in public places, but that was so controversial it was dropped.

In fact, the MTA rules are very clear: "Photography, filming or video recording in any facility or conveyance is permitted ..."

And that's exactly what Robert says he told the cops. He says he even pulled the rules up on his cell phone to show the cop. But Robert says the cop insisted there was a problem, and told him: "You have to delete them."

When Robert refused, things went from bad to worse. He says an NYPD sergeant showed up and ended up telling the cops to handcuff him and take him into custody.

The cops whacked Robert with not one, but three summonses: One for "taking photos" even though photography is actually allowed. The second for "disobeying lawful order/impeding traffic." And a third for "unreasonable noise."

We asked Robert if he was being a jerk to these cops.

"No I wasn't being a jerk, but I was standing firm," Robert says. "I didn't curse at them or anything. I just said 'Well these are what the rules say.' If anything he was being unreasonable to me. He put his hands on me and he shoves me through the door."

Eventually, all three summonses were dismissed, and the NYPD admitted that the summons for taking pictures was issued in error.

But Robert didn't drop it there, he hired lawyer Gerald Cohen and he sued the city. In the end, the city settled and the boneheaded move by the "picture police" cost taxpayers $30,000.

"I think these particular officers said, 'Who is this wise guy telling us what to do?' and they slapped him with a violation of a law that he was clearly not violating," says attorney Gerald Cohen, "and then added the disorderly conduct 'cause that's just like kind of the 'boilerplate' everything, and of course the case was dismissed because it was just nonsense."

As for the settlement money, Robert says: "It would be nice if it came out of those cops' paychecks; it's unfortunate the taxpayer has to pay for cops who can't follow rules or comprehend rules. It's unfortunate the taxpayer has to suffer."

Incidentally, while the Fox 5 News crew and I were shooting this story with Robert, who was accused of violating some bogus photography rule, some guy who claimed to be a transit supervisor actually put his hand over the camera's lens to try to stop the Fox 5 camera guy from recording video.

When the so-called supervisor figured out the crew was with Fox 5, he backed off saying he didn't realize we were "working press."

But working press or not, everyone including Robert Taylor can take photos in the transit system.

You would think the cops would have known better because right before Robert's run in with the "picture-taking police," New York City settled another case for $31,000 for a guy who was wrongly detained for taking pictures in the subway.

Soon after Robert Taylor's case, the NYPD released a MEMO warning cops to back off people who take pictures in public places unless there's something really suspicious about it.

http://www.myfoxny.com/dpp/news/investi ... way-ticket