That jpeg’s full size, right? Can you scan and post the back of the card, as well?

Thanks for your posts. My fianceé is taking a photo class, and just got a decent film camera to start playing with, and was naturally taking pictures on her way home, until she too was told it was ‘illegal’. (Sigh — there’s a difference between prohibited and illegal, damnit!)

Her photo class is only 4 weeks, but I’m starting to feel that this is an issue which is a big enough deal that I’d like to do something about it. It feels like a completely useless policy to have — certainly, the 30 day limit is a bit much. I’ve been taking pictures for the Open Guide to Boston, with the eventual intention of having a picture of every station in some form or another. What’s wrong with having a year long permit, or more?

Of course, since you get told that it’s ‘illegal’ even with a permit, it does seem like it’s fighting a lost cause even with the permit.

Did you ever get a reply on why it’s prohibited from the MBTA legal person? Have you considered looking into the legal situation more thoroughly? (I would assume not, but I don’t want to duplicate effort if you have.)

The ACLU of Massachusetts wrote to the MBTA several months ago requesting that the policy be revoked or revised. We did not receive a formal response. I would be interested in speaking to anyone who has been prevented from photographing by the MBTA or who is worried about the consequences of “unauthorized photography.”

John Reinstein
ACLU of Massachusetts
reinstein@aclum.org

After weeks of hounding the MBTA for their official policy on photography without a permit, a dozen or so unanswered emails and about as many unreturned phone calls, today I spoke to Mary Logalbo, an MBTA lawyer. She specializes in Constitutional law.

Apparently she obtained permission from the MBTA Police chief to disseminate a draft copy of their photography policy. In short, when photographing on the MBTA, you must provide ID upon request, the subject of the picture cannot pose a security risk, your activity of shooting does not disrupt MBTA operations and the pictures are for non-commercial use only.

My badgering was simply what got me a copy of the draft policy first. John Reinstein and the ACLU deserve all the credit for forcing the MBTA to reconsider the policy and put it on Constitutionally-sound and legally defensible footing.

You can find a copy of that draft policy here.

Regards,
Jason Desjardins
jason@pho7o.com