Filed under: General
I got a call this morning from Mr. Perez this morning (617-222-4494). He works in the MBTA legal department. He was very friendly and wanted to let me know that he is on the case to find out what the photography policy actually says.
He said that he wasn’t sure that the photo permit requirement was a law, but rather a company policy. He said the MBTA was within their rights to have policies that were for safety, which makes sense.
He gave two examples where policy is used to keep the property safe for employees and travelers. The people who sell produce, newpapers, etc. must be permitted otherwise, “it would turn into a flea market”. He also mentioned that there was a previous case where people sued for the right to hand out religious pamphlets. It was determined that they could distribute the pamphlets, however, they couldn’t hand them out in places that could endanger people such as around stairs.
From my previous research on subway performers, I am also aware that permits are required to perform in the subway. They also must only perform in designated areas.
These policies all seem reasonable. They allow the activity to take place while keeping people safe. For people using the facilities regularly to make money, getting a permit isn’t a big deal. The photography policy however seems to require even tourists taking pictures of their family to get a permit which seems a little silly. How taking a photograph on the property endangers others is debatable as well. Some circumstances such as the use of a flash could startle people, but beyond that, the argument seems shaky.
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