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Ed said: Everybody and their uncle was crawling all over the docks. Port cops, PTRA cops, Houston PD, even a fed or two. There is a public observation platform at the turning basin end of the houston ship channel, and a fan was trying to get to it to take a few photos. The Port cops turned him away. Weird, because a: its a public place, and B; just about every local news team were down there, filming all of it. How silly the situation you describe. And hence, the quandary railfans are in: wanting to do the right thing, but knowing something is way out of kilter with the selective enforcement. If it weren’t for situations such as you describe, I’d be inclined to leave this issue alone. For example, what about all the pictures on national TV this past week about the nuclear power plant upstream from NYC as a potential terrorist target? Good grief. Railfans have NO ability to advertise targets on national TV (where they can be recorded internationally via satellite), yet law enforcement is worried about railfans? To wit, the press folks had press badges, yes? And their employer has lawyers to challenge enforcement agencies if denied access to public areas. Railfans don't have the backing of any legal organization and hence don't enjoy the same 1st Amendment relationship with law enforcement agencies as does the media. I am rather chagrined to conclude it might take a court case to bring this to closure. That means a railfan will have to initiate the proceeding. As for an ID card, we already carry driver’s licenses from which police can learn most anything they need to know. An ID card (a license?!!) to take railroad pictures from public property seems improper in our constitutional republic. As for the national organization I suggested in another post, responders to that post have asked all the questions I was asking to myself. My thought was not to have any special permission or recognition from railroads or law enforcement, but to have the financial ability to employ legal representation…which means a dues paying organization…something that not many railfans are convinced (yet) is needed. The bottom line is no one feels we should need permission to do (on public property) what we believe we have a constitutionally guaranteed right to do. However, it is sometimes true that rights are violated by law enforcement (intentionally or not) and a proper function of the courts to scrutinize. The ACLU literature on how to behave if is clear: obey the officer. If you want to pursue the case in court, get the officer’s name and badge number. Write down times, places, dates. And good luck. Rob 3ri.com
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