If a refinery here in Denver can arrest two BNSF employees (asst. Supt & Marketing guy) taking pictures of a refinery being switched under Homeland Security rules, you certainly are fair game.
ps - If you are the representative of the local yellow press, you're toast. (Chemical plants and end-users are paranoid of activist journalists on a mission.)
You may be splitting hairs here. While it may be legal to photograph trains from public property (i.e. public roads) and there may not have been signs saying "Don't take photos of our factory", I would not suggest making a point of this with law enforcement. Discretion is the better part of valor...walk away and live to argue another day.
Was asked today by a representative from Georgia Pacific Lumber to "not take pictures of their facility". I was photographing some switching being done by the A&NR railroad at a chemical facility owned by GP. I was on a public road (about 30 yards from the railroad track and the gate going into the facility). I told him I was just photographing the railroad and would be moving on when the train left. Again I was told "do not photograph our facility." I told the rep no problem and waited for the train further down the line.
Was it legal for me to photograph the facility? It was a chemical facility (I have no idea what they produce there. There was no signing to not photograph anything). I gladly obliged the gentleman as I want to continue railfanning the area.
Has anyone else run across this lately? Honestly I was a little bit surprised at the request because of all the information and photos now available on the internet.
Thanks,
Bill
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