the rix mix

Shutterbug Fights Bogus Ticket
Photo of Subway Car Lands Man in Cuffs

JOHN DEUTZMAN
FOX 5 INVESTIGATIVE REPORTER
Published : Tuesday, 09 Feb 2010, 9:56 PM EST

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.

"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.

The cop orders the guy to delete his photos. This station doesn't exist. Those trains don't exist. Forget you ever saw them. I take photos in public places, including train stations. I know serious photographers who shoot anything catches their eyes. They're not shy. I've not taken photos because I've feared an encounter like this man had, & I wasn't sure of the rules. Happy ending, unless you're a New York City taxpayer. He was, BTW, the second subway photographer suit NYC settled for thirty-grand.

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