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Photographer arrested on DART property files Federal First Amendment lawsuit

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  • Member since
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  • From: Dallas, TX
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Posted by CMStPnP on Saturday, October 8, 2016 10:02 PM

Murphy Siding

    Am I seeing this right?  The picture of a platform and sign posted by KP Harrier above is from the Los Anheles Metro, not from the DART line that is the topic of this discussion?

 

That is correct it is not a DART platform.    You guys can go on youtube and see how DART operates if you want.

  • Member since
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Posted by Deggesty on Sunday, October 9, 2016 7:56 AM

A question: Just what is this "validation?" My only experience with it came when  my wife and I and rode from San Jose to Stockton several years ago. I saw a machine for validating tickets at the station--and I had never even heard of the process.. I bought our tickets from the man at the station, asked him about validation, and he told me I did not need to have them validated.

Johnny

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Posted by PJS1 on Sunday, October 9, 2016 9:03 AM

Here is some information from DART re: ticket validation.  

"Two-hour passes and day passes purchased from TVMs are already time/date stamped and ready to use.

If you have a Day Pass Voucher, before boarding the train, date/time stamp your voucher at the ticket vending machine. The validator is located below the pass selection screen. Day Pass Vouchers are valid for the date they are validated through 3 a.m. the following day."

At one time employers sold employee discounted DART day, month, and annual passes without dates on them, and it was necessary to validate the ticket before using it.  

Today most date and time sensitive tickets are stamped by the issuing machine and/or on a smart phone, so the need to validate a ticket is very limited. 

Rio Grande Valley, CFI,CFII

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Posted by Euclid on Sunday, October 9, 2016 9:04 AM

samfp1943
FTA:[snip]"...In the months since his arrest, Adelmen has contended that DART’s policy on trespassers is in conflict with the First Amendment, and that members of its police force are not familiar enough with U.S. law and DART’s own guidelines regarding photographers' rights..."[snipped]

 

Does DART’s policy on trespassers have any bearing on the issue of Adelmen being arrested for failing to follow the police order to leave the site?  He was not trespassing--right?

 

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Posted by MemphisBlue on Sunday, October 9, 2016 9:31 AM

So if Adelman had just gone over and bought a one way ticket, he would have been good to photograph in the restricted platform area?

How about webcams?  If someone is watching a webcam that shows a station platform or other such area and something happens--and they take a screen shot on their computer and circulate--have they violated a law or writ?

The comment about a victim's right not to be photographed at a traumatic time makes perfect sense, but that seems to fall under photographer discretion when they are in public.    

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Posted by Phoebe Vet on Monday, October 10, 2016 8:06 AM

There has to be more to this than it appears on the surface.

The First Amendment does not infer a photographer's right to trespass, and the police do not try to prohibit photography from any place where the photographer has a right to  be.

Some people thrive on conflict and seem to be always arguing with someone.

Dave

Lackawanna Route of the Phoebe Snow

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Posted by tree68 on Monday, October 10, 2016 8:47 AM

Phoebe Vet
...and the police do not try to prohibit photography from any place where the photographer has a right to  be.

Were that only true.  There are many documented cases of law enforcement (and fire department) officers trying to stop people from taking pictures where they (the photographers) were clearly well outside the area officials are trying to control.

In one incident involving the police on Long Island, the photographer was over a block away from the incident (a traffic collision).  

In the fire service, we often refer to the yellow tape we use to define the edges of a scene.  If you're trying to take pictures "inside the tape," you better be there by invitation.  If you're outside the tape, have a ball.   

A rule of thumb we use says that if the general public is allowed to be there, so is a photographer.

Curiously, sometimes the only folks such officials have an issue with are those from the media - if you're shooting on your cell phone, go for it!

LarryWhistling
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