Criminal Trespass for Photographing Trains - Update

[Laurence_18]

A slightly modified Alice's Restaurant ordeal (for those who remember the Arlo Guthries song & movie):

"and there was all kinds of mean nasty ugly looking people on the bench there. Mother rapers. Father stabbers. Father rapers! Father rapers sitting right there on the bench next to me! And they was mean and nasty and ugly and horrible crime-type guys sitting on the bench next to me. And the meanest, ugliest, nastiest one, the meanest father raper of them all, was coming over to me and he was mean 'n' ugly 'n' nasty 'n' horrible and all kind of things and he sat down next to me and said, "Kid, whad'ya get?" I said, "I didn't get nothing, I had to ...pick up ... garbage." He said, "What were you arrested for, kid?" And I said, "Taking Pictures of Trains."

Hi all. Many thanks for the advice on my case where I was issued a criminal tresspass citation in Baltimore for photographing trains on a platform. Unfortunately, I did have to go to court. Fortunately, I was ordered 5 hours of community service in exchange for a "No Prosecute" disposition.

Myself, along with public urinators, loiterers and open container possessors were sent to the community service officer. We signed in and were told to meet him outside and that the service may be shorter than 5 hours. Well, we picked up trash in a one block area and after 20 minutes were called together and told that we had completed the service, the list would be given to the judge and the cases not prosecuted. We were also told, don't come back to the courthouse and to simply leave, so that there would be no questions about the community service effort.

So this part of the odreal is done. However, I did some more research on the topic, and it's a bit of a problem. Check these articles out. Unbelievable!

There was an extreme case where Amtrak Police threw a passenger in jail for photographing trains in New Orleans: http://www.lightrailnow.org/news/n_newslog006.htm#AMTRAK_20060206).

And there's more. A list of abuses by railroad police is listed here: http://www.lightrailnow.org/industry_issues.htm#security-issues

Apparently, New Jersey Transit was sued for this and they revised their policy in December of 2005:

"Effective immediately, we will return to our historic practice, which enables hobbyists and other non- commercial photographers to take pictures in public areas throughout the NJ Transit system without obtaining permission or providing prior notice. There will also continue to be no restrictions on journalists in public areas of the system."

If you have read this note this far, you probably care about the issue. Please, send e-mails and letters to David Hughes asking him to adopt a similar policy to that of NJ Transit.

Mr. David Hughes
Acting President & CEO
Amtrak
60 Massachusetts Ave., NE
Washington, DC 20002

[coborn35]

Nobody cares about taking pics of Amtraks trains, but do you REALLY need to do it on a oulic platform in front of tons of people?

[Anonymous]

Don't Photograph Trains anymore. Stop Railfanning. This is your final Warning. I now understand that "ALL" UP crews are now calling law enforcement on all Railfans now more than ever. So beware! Allan.

[coborn35]

QUOTE: Originally posted by BNSFrailfan

Don't Photograph Trains anymore. Stop Railfanning. This is your final Warning. I now understand that "ALL" UP crews are now calling law enforcement on all Railfans now more than ever. So beware! Allan.

Yup. About the UP part.
But, you just show them the Press Release where UP embraces the photographers.

[Anonymous]

QUOTE: Originally posted by coborn35

QUOTE: Originally posted by BNSFrailfan

Don't Photograph Trains anymore. Stop Railfanning. This is your final Warning. I now understand that "ALL" UP crews are now calling law enforcement on all Railfans now more than ever. So beware! Allan.

Yup. About the UP part.
But, you just show them the Press Release where UP embraces the photographers.

Yup.

[GMTRacing]

Speaking to people who have been railfanning since the 50's, there have always been different rules road by road. This modern paranoia about pictures is silly what with the internet and regular news media pictures. Prosecution of innocent citizens excercizing their rights has no place in modern society especially photographs taken in public places. If you snuck into an operations center or other restricted space that might be different, but officials have nothing better to do than be officious. J.R.

[Anonymous]

I've had police cars drive right by when I'm taking pics of a scantilly clad/nude female outside, but, they stop every time to ask what I'm doing if I take photos of trains.

[Anonymous]

I dont see the problem here but i suppose if you can be arrested for taking photos of aeroplanes then why should trains be any different. The law gone mad as always.

[Ham549]

I hope that guy sues amtrak I looked at some of the laws and if you don't know you aer tresspassing you can't be charged.

[Anonymous]

QUOTE: Originally posted by coborn35

Nobody cares about taking pics of Amtraks trains, but do you REALLY need to do it on a oulic platform in front of tons of people?

Yes, you REALLY do, the wires and urbanized locations around the NEC mean that the only possiable shots are from platforms. In fact, if you where to shoot from something other than a platform, you would a) most likely be on prviate prop (since you are always so concerned if forum members are tresspassing) and b) get the police called.

[Anonymous]

QUOTE: Originally posted by BNSFrailfan

QUOTE: Originally posted by coborn35

QUOTE: Originally posted by BNSFrailfan

Don't Photograph Trains anymore. Stop Railfanning. This is your final Warning. I now understand that "ALL" UP crews are now calling law enforcement on all Railfans now more than ever. So beware! Allan.

Yup. About the UP part.
But, you just show them the Press Release where UP embraces the photographers.

Yup.

Just a question, but have either of you ever had a run with a UP cop? The two times it happen with me they were very nice and even told me when to expect the next train.

[Anonymous]

QUOTE: Originally posted by Laurence_18


There was an extreme case where Amtrak Police threw a passenger in jail for photographing trains in New Orleans: http://www.lightrailnow.org/news/n_newslog006.htm#AMTRAK_20060206).

Wow, that is extreme considering this (Amtrak Photo Contest):
http://www.amtrak.com/servlet/ContentServer?pagename=Amtrak/am2Copy/Hot_Deals_Page&c=am2Copy&cid=1093554007505&ssid=224

They do have a disclaimer to "Stay Safe" and away from the tracks and only photography trains from a public location.

[monkeyman2]

Today a NSworker told me it was a federal law not to take pictures of trains and rr propety.... what a idiot.

[Ham549]

The guy was still on the platform! There were no sighns saying he could not be there he evean asked! What is wronge with "I'm sorry sir but you are not supost to be on this part of the platform." Instead of "let me check and getting his butt in jail.

[monkeyman2]

QUOTE: Originally posted by Ham549

The guy was still on the platform! There were no sighns saying he could not be there he evean asked! What is wronge with "I'm sorry sir but you are not supost to be on this part of the platform." Instead of "let me check and getting his butt in jail.

Huh?
[banghead]
Stop making STUPID POSTS That have such bad spelling its almost impossible to read, and just all around DUMB.