Sunday, March 16, 2008

The Police State

This photo almost got me arrested.

Yes, apparently, taking a photo of a sign inside a place of business, even though the photo was taken from outside the business, and the sign is clearly visible to passersby, is grounds for suspicion. Fortunately, the cop decided I was cooperating, and instead of charging me with the blanket charge of "disorderly conduct," allowed me to go.

Hard to believe, innit?

UPDATE: The Story, for y'all:

I was having dinner at one of my favorite places. I went out to eat in part to test out my spiffy new $40 GPS anti-theft solution for the scooters. So, I get there, order a drink, order my dinner and go outside to smoke (yes, it's one of THOSE places). In a neighboring business's window, I see the sign, depicted in the photo, at the top of this post.

I have my camera with me, so I take it out, take a couple of quick, non-flash snaps of the sign, as I stood on the sidewalk several feet outside this business. I turn to re-enter the restaurant next door, and am accosted by a woman -- "Who are you?! Why you take picture!?" I told her I was about to have dinner, and went inside.

She followed me inside the restaurant, repeating herself. I told her that I saw something on the wall of the business I wanted to photograph, and that there was nothing wrong with what I had done. She demanded that I erase the photo(s). I told her I would not, and that if she felt wronged, she should call the police -- "862-8600, my dear. They are just over the hill from where we are, now."

Well, apparently, she did. 30 minutes or so later (interrupting my dinner and conversation), two Metro Police officers walk in, and ask me to step outside, please.

The large officer says that the business has called in a complaint of someone entering their business and taking a photograph without permission. I explain that I have never set foot on the premises, and that I took a photo of something in plain view from a public space. The worker who accosted me corroborates, "No, he was outside, but he pointed the camera inside." The large officer says, "Well, you can't do that. You can't take a picture of their place without their permission."

"Really? Hey, I figure if I can see something through a business's window in public, like, say... a sign, a business license, or a health department score. Does the business owner have an expectation of privacy regarding these things?"

"Well, depends. Some people counterfeit business licenses. That could land ya in trouble."

"Okay. That's not what I was doing"

"What were you doing?"

"Taking a photo of something that amused me."

"'Taking a photo of something amusing.' Okay. Why?"

"It was funny."

"'It was funny.' What do you do? What do you do, for a living?"

"I build web sites."

"You 'build web sites.'"

"Yes."

"I see."

"So, have I broken a law? Are you charging me with a violation?"

"You wanna be charged with somethin'? I'll charge you with disorderly conduct, if you wanna be charged with somethin'."

"No, sir -- I'm fully cooperating. I intend to fully cooperate with you. I'm just asking a question: 'Am I being charged?'"

"Right -- and I told you, 'I'll charge you with disorderly conduct.' Is that what you want to happen, here?"

"Of course not. How else can I help you?"

At this point, he asks the lady who accosted me what would she like to do, and she says she wants me to destroy the photos. Large officer says, "I can't do that. You'll have to take him to civil court if you think you have cause for damages."

I say, "Am I free to go?"

"Yes sir, have a good evening."
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