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."
.
19 comments :
Wow. I didn't know I had the right NOT to have drills used on my nails.
And I can't believe you didn't get arrested. It's totally illegal to take photos!
So what exactly is a blanket charge of disorderly conduct? Were you issued a ticket?
Folks with cameras are scary and suspicious people, it seems.
chez béziat -- Perhaps "catch-all" charge would have been the appropriate phrasing... I mean, if a cop thinks you're dicking with them, that's a charge they can cuff-n-stuff you, and try to elicit further obsequiousness from a citizen.
I was clearly dicking with the cop -- he said I couldn't just take a photo from outside a business without the business owner's permission. I asked if I had committed a crime, and I asked if I were being charged. He said, "DO you want to be charged? I can charge you with disorderly conduct if you WANT to be charged." I said, "No sir -- I'm being fully cooperative. I've done everything you've asked, and intend to keep doing so."
.
This tactic is something cops have been using on the homeless for some time now. A person of authority (like a cop) does not enforce the laws, he instead becomes the law.
"Check please."
Last week the victim. This week the perp!
Did they threaten to drill your nails? Sheesh, get a grip business lady.
-mnkid
I really find the whole scenario very disturbing, Jeff. From the woman following you into the restaurant (was it legal for her to harrass someone else's customer) to the cop copping a 'tude. Sounds like you were surrounded by jerks.
what a paranoid bitch that store clerk was! She's prabably dealing coke behind the counter, maybe that's why she was such a moron
this cops asshole demeanor is why I hate most f**king cops.
"Do you WANT to be charged with something?" -- I guess charging you with disorderly conduct would make his penis seem bigger?
Holy shit. What a freaking ordeal!
That said, I'm going to play devil's advocate for a moment. I guess that this was a nail salon, and the owner was Vietnamese? Am I correct? (I arrive at this conclusion from the fact that most nail salons here are Vietnamese-owned, and also the "Why you take picture!?" quote).
Anyway, if this is correct, perhaps there are cultural or social reasons why a Vietnamese woman would feel threatened by someone taking a picture of her business. Not a lot of warm fuzzies to immigrants out here in NashVegas these days, for one; also, coming from a Communist country, perhaps someone taking a picture of a business is perceived as a suspicious possibly threatening act.
I'm just trying to put myself in the other person's shoes for a moment .. which I realize is a bad habit of mine.
:-)
Print this out and keep it with you:
http://www.krages.com/phoright.htm
There is a suspicious mathematical anagram nested in the sign...taking one letter from each word:
tHe custOmer haS The righT nOt To Have drIlls uSed oN thEir nailS
"host to this NES"
It's probably just a subliminal plug for our city's electrical utility...but it is conspiracy-theory-worthy suspicious. 'Just the kind of thing that needs to be reported to proper authorities. *cough-cough*
i for one, feel much safer knowing those cops are out there...
phew!
My fingernails are safer now, thank you very much.
Jefferham:
I've been told by security officers on several ocassions that it is "illegal" to take photos of their buildings, flowerbeds, people sitting in plazas.
I've been photographing in public places for about 25 years and unless the rules have changed I think a person is allowed to photograph anything (with the exception of government/military facilities that can be seen from the public way. I don't even argue, though, I just walk away.
Your first mistake, imo, was leaving the restaurant with the cops. If they wanted to talk to me they could do it in the middle of the restaurant. That bullshit about not wanting to "disturb" other people is just their way or isolating you so that it's only your word and theirs that will be weighed, instead of those of others who are present. The "disturbing the peace" charge is a very difficult one to use in a crowd of onlookers, if you're not disturbing the peace.
democommie
I think we should all gather for lunch at this institution and bring either a camera or a drill...then we could take a group picture and go to lunch. (Is that too passive-aggressive?)
This place needs to be photographed, and the police called, and VIDEOED every day until the police and the owner learn the laws of the land.
There's one of those signs in Coolsprings Galleria. Top floor, House of Nails n' Fumes beside Sears. I saw it this weekend and thought it was a tad odd.
Speaking as a cop: Puh-Lease. He was looking for a way to bully you, and tried to bait you into deleting the photos (situation rectified, caller appeased), or squabbling with him (Disorderly Conduct, one supposes, because you raised your voice. Better if you cussed in the presence of others.). So you beat that, and well done.
As a former security staffer of a building with a trademarked archetectual style, I can tell you that there are times where you literally can be in trouble with an image. In practice, what we used to do at said recognizable location was to warn photographers off, and to run them off the property, but do nothing if they were standing off property.
People have very strange beliefs about reasonable expectations of privacy, though.
You clearly did nothing wrong, and if I were the cop, once I had established that you had not been in the other store, I would have apologized for interrupting your dinner, and moved on.
Trademarked building design means you can't market the images of it. You can still take photos if you like.
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