Don't Take That Picture!
By Will Funk
Advance Notes: Editorial photography in the post 9/11 United States has definitely changed, especially when
Having read reports over the last three years of photographers (ranging from photojournalists to students) being questioned and even prohibited from photographing government structures from public land, I knew my own project of photographing the Ronald Reagan Federal Courthouse in Santa Ana, California, was going to require special care.
I received a photo request from a textbook publisher for a picture of the towering face of the white stone and glass courthouse, located in the busy downtown area of Santa Ana, a large city in Orange County, CA. Since I was going to be in the area the next day, and the publisher's deadline allowed, I planned to shoot the project on speculation and add it to our stock files if it wasn't used in the textbook project.
When I arrived at the courthouse I was aware of two things. First, photographing this building is a sensitive issue, and second, I could legally photograph the exterior from the public right-of-way. With the hypersensitive security in mind I went into the building to contact officials before photographing.
I spoke with two officers on duty at the security checkpoint inside the courthouse and politely explained what I needed to photograph and why. I offered to provide all of my personal information.
Their response was stern. If I attempted to photograph the building, even from the public right-of-way, all of my camera equipment would be seized and I would be detained. After spending a short time with the guards it was clear I wouldn't be able to sway their position.
When I asked the guards what law prohibited photographing a government building they were silent. I left the building, without my photos, wondering the whole time if I was being followed back to my car, labeled as a subversive enemy of the state.
Are you reading the viewpoint of a longhaired, left wing, anti-establishment troublemaking photojournalist? Hardly. This is the experience of an honorably retired law enforcement officer of 21 years who is now a full-time photographer. A person who was walking into the briefing room to start his shift just as the second plane hit the World Trade Center six years ago.
Should we as photographers expect to be questioned if we show up on the street next to a nuclear power plant, pull out a big lens and start shooting? Absolutely. We should, however, be able to avoid a confrontation with law enforcement if we contact the agency ahead of time, identify ourselves and explain our intent.
After this episode I called the local office of my congressman, David Dreier. I related my story to a staff member who told me they would research the (non-existent) law and get back to me. A few days later I received a phone call from Ryan Rogers from Congressman Dreier's Washington D.C. office.
Mr. Rogers told me they were unable to find any law that prohibits photographing a government building from a public place. Further, Rogers said the way I was treated was "disturbing."
After a few calls to the courthouse, I located the person in charge of building security for the United States Marshall's Office. The good news is, after I explained my experience he apologized, and told me that I had done everything correctly. Like the staff member at my Congressman's office, he did not seem pleased to hear how I was treated by security officers at the building's entry.
The Deputy Marshall even noted the photograph I was attempting to take was basically the same as the one on the courthouse's own Web site! Actually, by searching the Internet I had located several images similar to the one I
The deadline for the photo request, however, had passed; the opportunity for the sale lost. However, within a few weeks I received another request for the same building. Again I had business near the courthouse that week. But I was unable to reach my contact, even after two days of calling. While driving to the courthouse on the third day, I reached a different employee at the courthouse, who was able to reach my contact. I was granted "permission" to photograph the building.
Although I have an acute understanding of the need for heightened security, I, like the Congressman's aid, find the inconsistencies "disturbing." I'm confident it would be easier for someone to covertly photograph the Reagan Federal Courthouse undetected, than for me to lawfully capture an image for use in a children's textbook. Hopefully the more we confront these barriers, always conducting ourselves with professionalism, we can expect professionalism and competence in return.
Will Funk and his wife Lissa operate Alpine Aperture, a stock and assignment photography business in Southern California. They specialize in natural history, travel, fitness and outdoor lifestyle images. (Alpine Aperture, PMB 251, 310 North Indian Hill Blvd., Claremont, CA 91711, (909) 398-1951 fax (909) 398-1212, www.agpix.com/alpineaperture, email: alpine.aperture@verizon.net
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