Photographer Harassed By RTD Officer

A few days ago at Market Street Station I was harassed by the RTD officer for exercising my rights to:

1. Take pictures of RTD officers
2. Take pictures of public property
3. Take pictures from public property

I was approached and harassed by an RTD officer who said that it was illegal to:

1. Take pictures of anybody, including the homeless man in question, without written consent.
2. Take pictures of RTD officers
3. Take pictures of RTD buildings/property
4. Take pictures while on RTD property (AKA public property)

He demanded that I put away my camera, which I did because I didn't want to risk arrest. This was impromptu copwatching on the way to a hearing on raising the RTD fares that I was asked to attend by a member of this list. I wanted to make sure that the homeless man's rights were not violated, since police seem to pick on them often. If you would like a picture of the officer coming towards me to confront me, I have a fairly high quality one available here:
http://bayimg.com/eaFNhAAbp

There is a full blow-by-blow summary below but here's what you need to know:
1. I called RTD Legal, who told me it was within my rights to take pictures
2. I called Mike Gil (the supervisor of Fulton Bell, the officer who harassed me) and he told me that it was illegal to take pictures of RTD officers/property.
3. I need your help

Copwatching is getting harder and harder these days and some copwatchers have been brutally beaten or even killed for their selfless work. Please help defend me and help me regain my rights!

1. Call the RTD Switchboard
Please call 303.628.9000 and ask to lodge a complaint against officer Fulton Bell for the mistreatment and violation of citizen Alex Bryan's rights. Furthermore, you would like to lodge a complaint against Mike Gil for the mishandling of Alex Bryan's case and negligence when dealing with Fulton Bell's abuse of his position as an RTD officer

2. File a written complaint online
Please go to http://www2.rtd-denver.com/Forms/CustomerServices/complaintForm.cfm and do the same thing you did on the phone, but this time in writing. Here is a sample complaint: I am concerned about the violation of Alex Bryan's rights that occurred on August 17th, 2007. I want disciplinary action to be taken against Mr. Fulton Bell for:
1. Forcing Mr. Alex Bryan to put away his camera when he was fully within his rights to use it.
2. Harassing Mr. Alex Bryan and violating his rights
3. Misrepresenting the law and telling Mr. Alex Bryan that it was illegal to:
3a. Take pictures of RTD officers or property, even from public property
3b. Take pictures from RTD property (such as stations)
3c. Take pictures of anybody from public property without their written consent
Furthermore, I want you to take disciplinary action against Mr. Fulton Bell's supervisor Mr. Mike Gil for:
1. Telling Mr. Alex Bryan, after Mr. Alex Bryan had confirmed with RTD's legal department that it was his right to take pictures of RTD officers/property from RTD property, that Mr. Fulton Bell was right and declining to comment further
2. Mishandling Mr. Bryan's substantiated claims against Mr. Fulton Bell
Sincerely,
Your Name Here

Meanwhile.. here is my blow-by-blow report:

On Aug 17th, 2007 I was taking the Free 16th Street "Mall Ride" in order to get to the RTD hearing on proposed rate increases. I noticed that an RTD officer was talking to a man laying on the RTD property. I presume this man was sleeping there since he looked homeless and as if he had just awoken. I had brought my Nikon Coolpix camera and got off the bus as quickly as possible to make sure the homeless man's rights were not violated, seeing as how I had heard of such incidences before. The homeless man was being talked to by two RTD officials. I stood about 15 feet away, not interfering, and when I took out my camera an RTD officer immediately confronted me on the issue. I said it was my right as a citizen to take pictures on public property and of police and RTD officers. He said this was not the case and that in addition to breaking the law for taking pictures of RTD property, I was violating the privacy rights of the homeless man (which after further research I found to be untrue). The officer said that it was against the law to take pictures while on RTD property. He also said that it would be illegal to take pictues of RTD officers or RTD property from public property. I asked if I could have a badge number or a card and he provided me with a card. According to the card, his name was Fulton Bell and his official position was "Street Supervisor" of the Bus Operations Department. He told me I could no longer take pictures and demanded that I put the camera away, which I did. I continued walking around on RTD property looking for the place where the hearing would be held. Once I found it, I had some spare time so I called the RTD switchboard on my cell phone and asked to be forwarded to the legal department. I was told lunch break has just started and the legal department would call me, which they did about five minutes later. I spoke to the legal department (I don't remember the name of the lawyer exactly, but I could get it if I had multiple choice) and asked whether the officer had violated my rights. I was told by the legal department that it is legal to take pictures of RTD officers and to take pictures on RTD property. He said that he couldn't give me permission but from his understanding that it how the law operated. Additionally, he said that the officer had the right to ask me questions about why I was taking pictures because of the "time we live in" referring to perceived threats to national security. He then further clarified that I was within my rights to take the pictures and gave me the number for Fulton Bell's supervisor, Mike Gil. I went to the hearing and afterwards I called Mike Gil who was not in the office. I left a message describing the situation with his officer and asked him to please remind Fulton Bell that citizens have a right to take pictures. Later that day, he called back and said that Fulton Bell had the right to make me put away the camera and that I was not allowed to take pictures on RTD property of it's officers and said I should talk to the legal department. I told him that I had talked to the legal department and they had affirmed that I was in the right. At this point, Mike Gil hung up on me and said he would not comment further. Also, I took pictures at the hearing and was not harassed at all for it. That was inside a secured area of the RTD building.

Please do anything you can to ensure that I get justice and that copwatchers everywhere can exercise their rights.

Rebuttal

I think it is rather rude to take a picture of someone who is telling you not to. You have not gotten anyone's permission to take their photo, I wouldn't like someone just taking photos of me, & I am a photographer. Also, it IS ILLEGAL that you posted this man's immage online when he expressly has denied you the right to even take the picture, let alone to use his image. Check it out. You are all huffed up over the RTD & in all your moral indignation you are acting pretty immature & rude. You act like this is some big instance where people should spend a lot of time harassing RTD on your behalf. People should look into real causes like Leonard Peltier before they waste any time on this drivel.

Sorry you were not treated like a little princess. There are worse wrongs in this world. Get over it.

Photographer taking pictures

I must agree that i would not like for my picture to be taken without my permission. If you were so worried about the homeless mans rights being violated. Why did you not instead of taking pictures, did you not take the homeless man home with you? Why becouse we are to busy letting other people take care of things that are not right becouse it is not our problem, but someone elses. But the moment that you see something being done, even if we dont agree on how it is being done (taken care off) we become so proper on how it should be handled. Do you realize that if something is not being done to clear some of the homeless from certain locations and not only RTD how it would look. Now you are making a big deal out of nothing, why is it you dont remember the so called Legal Attorney at RTD but you remember Mr. Gil's and the rest of the people. You are only seeing it at your convenience. Does that mean that I can take pictures of someones home but since I am on Public Property I can take the pictures? It is about time that the so called photographers are stopped from taking pictures without concent.

Just a thought

The rebuttal above seems odd to me. The RTD officer is a public servant. He works for that photographer as well as that homeless man. The RTD officer openly lied to the photographer when he said it is illegal to photograph people in public. This of course is not troubling to the above commentator. Neither is the thought that photographing the homeless may in fact help them by increasing public awareness of there plight.

The person above states that he feels it is rather rude to take pictures of someone else but then would this not lead to some serious impediments to any photographic journalism? Think about it. Would it be ok for the cops who beat Rodney King to say that the photographer did not have permission? How about the famous picture of the napalm burned naked child running during Viet Nam?

As to the charge that the photographer should do something about the homeless himself well I have to say isn't he? What is the commentator doing? Perhaps this is a case of protesting to much to aswage their own guilt.

Take Responsibility For RTD's Actions

Hanging up on tax payers is very rude and condescending
If he is proven to be wrong he will just hang up on you or avoid you all together.
responsibility
Is this the same Mike Gil who's grandmother came from Mexico?
Comments from family and others would be very much appreciated.

I praise your thought pattern JUST A THOUGHT.

And as for the 2 who would condemn deny the person their rights to photograph in a public place, I would more than assume that you are employees of RTD or Denver.
Tom Martino will love this one as well as the blogs and the media where all will be made public.

Mike Gil

What does it matter if the grandmother came from "MEXICO'?
"RACIST MF'
Figure's anonymous

I agree

what does it matter where her grandmother came from? in mentioning this the author certainly makes his comments and argument seem less then reasoned and more racist.

MIKE GIL

I am flabbergasted that someone would use an expletive referring to the writers mother.
For all you know this could be a woman, which make you a sexist.
As a lady I was more than offended greatly by your poor choice of words and your verbal bashing without merit..

This individual it would seem was asking a question as to as to determine if this was the same Mike Gil.
If this person had asked if his Grandmother was from Ireland or Russia, I am very sure that the vulgar word Racist would not have shown its ugly head.
I am sure other that know you would never say pinto bean or salsa in you r presence for fear that you would call them RACIST!

Your a real piece of work yourself condemning this other person for being anonymous, when you yourself are as well anonymous. That is the pot calling the kettle black. OMG

I am not sure if your and adult or not, if you are an adult grow up and stop looking for ways to justify your inferiority complex. If you don't like who you are please don't dump your vileness on others just make them your scapegoat to justify your shortcomings.

As for Mr Gil he should be held accountable for his actions and poor leadership skills to say the very least.

Mike Gil

I am a WOMAN DUMB ASS!!

What a worthless issue! Grow UP!

Well first of all RTD is not public property it is considered by law private property, second of all  People need to understand  the issues with the tranisent populations  that constantly tresspass RTD and other properties on the mall.  The public need to mind their own business unless there is an obvious situation  that needs attention and then you need to call the proper authorities. As far as Im concerned copwatch is a hoax .. a bunch of over zealous, conservative idiots that need mind thier own business!!!! You dont know what happened before you got on scene, notice the person originally didnt say that he had observed a beating or anyting illegal...but yet it was his right to interfere? I dont think so!  its all hear say, and believe me I have had to deal with some of these ignorant idiots from cop watch that havent a clue about  the law and what is and isnt allowed esepcially on private property.

I have to say I don't agree

I think your the conservative and all who read these pages will at least agree with the fact that your tone is not that of someone who has a problem or issue with social justice.  Come on, "Copwatchis a hoax," "Conservative idiots," "proper authorities"  its not the terms its the usage.  I have to ask, are you a righ wing plant posting here?  Just courious.

Enough name-calling; back to the issue

In fact, what the legal department representative said was correct.  Photographing a publicly paid security officer who is performing their job function on public property is legal.  That is the case whether the officer is part of a public police force or a private contractor working for a public agency.  It is also true whether the officer is correctly performing their duties or not.  This kind of photography is documentation, not art or personal memento.  It can be used for journalistic purposes or as legal evidence for either party to the dispute.

In cases where the officer is performing properly and is falsely accused, the photo could be obtained by subpoena to serve as evidence in the officer's favor.  There are cases where this has happened.

The officer should have known this, though some who are contracted through private companies might not.  The supervisor almost certainly knew it, though it is not uncommon for supervisory personnel to lie about such things.  I worked in a corporate bureaucracy for 20 years and have seen many such instances of supervisors and managers lying.  They do it for the sake of expediency--most citizens either don't know their rights or lack the time, money, specialized knowledge, and connections to properly assert them.  In fact, knowing when one can get away with lying is considered a valuable management skill.