Search

NPPA Seeks Repeal of D.C. Regulations Limiting Street Photography

October 31st, 2011 by Mickey Osterreicher

On Monday, October 31, 2011 NPPA general counsel, Mickey H. Osterreicher, sent a letter to the Hon. Irvin B. Nathan, Attorney General for the District of Columbia. The letter dealt with Police Regulations for the District of Columbia that affect photographers. In it referred to Article 31, Chapter 24, §§ 521 – 523, respectively entitled “Street Photography: Business Licenses,” “Street Photography: Individual Photographers” and “Street Photography: Requirements and Restrictions.” Of concern to the NPPA is the vague and overly broad language contained in these regulations that may be open to misinterpretation and abuse of discretion by police in their enforcement.

Specifically, §24-521.1, states “No person, firm, or corporation shall engage in the business of taking photographs of any person or persons upon the streets, sidewalks, or other public spaces of the District of Columbia, for profit or gain, without first having obtained a license to do so from the Mayor (emphasis added).  Section 24-522.1, states “No individual not licensed under §521 shall take a photograph of any person or persons, for either direct or indirect profit or gain, upon any of the streets, sidewalks, or other public spaces of the District of Columbia persons, without first having obtained a license to do so from the Mayor as provided in this section” (emphasis added). Additionally, §24-523.3 states “While engaged in taking photographs, no person licensed under §521 or §522 of this chapter shall impede traffic as defined in the District of Columbia Traffic Acts; nor shall any photographer remain longer than five (5) minutes at any one (1) location on the streets, sidewalks, or other public spaces” (emphasis added).

In the letter Osterreicher asserted that “these three vague and incrementally overly broad sections taken together could be interpreted to mean that any photographer taking a photograph of anything, be it a building, person or inanimate object for longer than five (5) minutes would be in violation of the regulations and subject to fine or arrest.” “We contend that this licensing scheme, based upon regulations that are facially inconsistent with the protections provided under the First Amendment, is unconstitutional,” he added.

Osterreicher went on to say that “these facially defective regulations will only further contribute to the erroneous belief by law enforcement that public photography may be arbitrarily limited or curtailed.” He requested that these regulations be repealed immediately and in the alternative proposed to work with Attorney General Nathan “to draft revised language that would be more narrowly tailored to serve a substantial government interest as a reasonable time, place and manner restriction on commercial photography.”

The NPPA is concerned, given the recent penchant for police to interfere with, harass and in many cases arrest photographers, that these infringing regulations would provide the police with unbridled discretion to abridge the rights of photographers covering such events as “Occupy Wall Street” or any situation involving “photography of any person(s)” or lasting longer than five (5) minutes in any one location.

It is believed that these regulations were put in place to regulate photographers who (acting as something like to commercial street vendors) take photographs of others on a public street and then attempt to sell prints or copies to the subjects of those photos. None of the regulations actually define the term “street photography,” which has a more common definition as “a type of documentary photography” practiced by such world renowned photographers/photojournalists as Henri Cartier-Bresson, Alfred Eisenstaedt and Robert Frank to name a few.

Posted in Access, business, D.C., District of Columbia, First Amendment, First Amendment rights, law, Legal, National Press Photographers Association, News Photography, NPPA, photographers, Photographers' Rights, photojournalism, Police, Public Photography, Regulations limiting photography, Street Photography | 79 Comments »



79 Responses to “NPPA Seeks Repeal of D.C. Regulations Limiting Street Photography”

  1.   James Edward Bates Says:

    Wow. Though I’m not surprised at all. Thanks for fighting this NPPA.

  2.   Bossi Says:

    I know the article aimed to be a bit more formal & linking may not have quite fit within the context, but here’s just a bit more info & commentary on the DC law:

    http://www.washingtonpost.com/blogs/mike-debonis/post/no-dc-photographers-you-will-not-be-arrested/2011/10/26/gIQArLCYJM_blog.html

    http://www.flickr.com/groups/dcphotorights/discuss/72157627847380989/

  3.   Thomas Michael Corcoran Says:

    Only a prison state like North Korea would have such restrictions! This isn’t the America I want to live in!

  4.   John Rudoff Says:

    Obviously defective regs; and M. O. is quite correct that this encourages overly broad interference by police or security people, who are not attuned to legal niceties or the 1st Amendment, for that matter. Go to it, Mickey!

  5.   Scott Says:

    I would very much like to know Exactly When they start timing us.

    I would also like to know if we move two feet, will they have to start timing us again?

    I would also like to know if we move two feet and then return to the same spot, will they have to start timing us again?

    These are Very Legitimate Questions, and I would really appreciate anyone either answering or pointing me in the direction as to where I might be able to find out.

    Thank You!

  6.   Scott Says:

    (followup)

    I just emailed Irvin B. Nathan, (Attorney General for the District of Columbia) with those questions.

    I’ll let you know if I receive a response.

  7.   cannaday Says:

    Absolutely Free Reliable Cloud-Based Hosting. We offer this service without any payment verification. Limited Signups available, act quick.

  8.   otturazione dentaria Says:

    There are some interesting closing dates in this article but I don

  9.   Joelle Lenker Says:

    Very well written article. It will be supportive to anyone who employess it, including me. Keep doing what you are doing – for sure i will check out more posts.

  10.   Wilbert Arouri Says:

    Yeah bookmaking this wasn

  11.   Thanh Hughson Says:

    I haven

  12.   Fiona Colclough Says:

    I have recently started a web site, the info you provide on this web site has helped me tremendously. Thanks for all of your time & work.

  13.   Anonymous Says:

    I was suggested this website via my cousin. I’m no longer sure whether or not this publish is written through him as nobody else recognise such designated about my problem. You’re amazing! Thank you!

  14.   Benton Sieradski Says:

    Good day i read through your web site frequently and imagined i’d personally say every one of the best for 2010!

  15.   Walton Mcculloch Says:

    A different Mustang developing the street. Appears like ’64-’66, having a smaller grille than the white Mustang about the curb.

  16.   name Says:

    Java around . From Java, further breeding resulted in the establishment of robusta plantations in many countries. In particular, the spread of the ,

  17.   name Says:

    About of the U.S. general population reports having stopped drinking coffee altogether, citing concerns about their health and the unpleasant side effects ,

  18.   Jae Alsberry Says:

    Greetings, Ive followed you on twitter, followed you on facebook, around the discussion boards and now in your weblog ! No no am not stalking you, but this is a excellent post as generally incredibly really educational. Appear ahead to reading lost far more

  19.   Florida Lock & Key Says:

    Florida Lock & Key 3620 Manatee Ave W Bradenton, FL 34201 (941) 748-5625

  20.   Gift for every man Says:

    Gift for every man

  21.   Injustice Gods Among Us Hack Says:

    My family members always say that I am killing my time here at net, but I know I am getting know-how everyday
    by reading such fastidious articles or reviews.

  22.   ganhar dinheiro Says:

    If you want to get a good deal from this paragraph then
    you have to apply such methods to your won weblog.

  23.   Greg Obiano Says:

    Its not even counter intuitive its obvious. Thats why democrats need free stuff from the Government and want socialism. If democrats want to cure poverty they should become Republicans.

  24.   name Says:

    farmers become familiar with its requirements.,

  25.   Habibi Says:

    Very fascinating points you might have noted, regards for putting up.

  26.   name Says:

    Starbucks and Peet’s are probably also of necessity seasonal coffees in the sense that their formulas doubtless shift through the crop year, but I do not ,

  27.   name Says:

    of exceptional coffees, almost all of them produced by small-holding, indigenous farmers associated with cooperatives. So the win-win hypothesis upon which so ,

  28.   name Says:

    which all of the soft fruit residue, both skin and pulp, are scrubbed off before the coffee is dried. Like all variations in processing method, honey ,

  29.   Valeria Says:

    Withdraw cash

  30.   plan cul Says:

    This is really interresting, i note this on my bookmarks… I just need to ask you what’s your theme’s name please ?

  31.   name Says:

    remain unclear. elevates hypothalamic histamine levels, leading some researchers to consider a “wakefulness promoting agent” ,

  32.   name Says:

    In the United States military, has been approved for use on certain Air Force missions, and it is being investigated for other uses. One study ,

  33.   name Says:

    discharge of histamine, resulting in low blood pressure, fainting, shock and even loss of life. Cold urticaria is diagnosed by dabbing an ice cube against the ,

  34.   nauka j angielskiego Says:

    Check it yourself http://www.taern.com

  35.   Web Application Development Says:

    Thank you for the auspicious writeup. It in fact was a amusement account it. Look advanced to far added agreeable from you! By the way, how could we communicate?

  36.   name Says:

    effective. Ketotifen is acknowledged to stabilise mast cells and prevent histamine release, and has been effective in treating this hives disorder. Avoiding ,

  37.   name Says:

    for use by children for that purpose. It was rejected primarily due to two cases of serious skin rash, suspected to have been Erythema multiforme or ,

  38.   name Says:

    water from the body into the bowel and cause osmotic diarrhea. Osmotic diarrhea can also be the result of maldigestion (e.g., pancreatic disease or Coeliac ,

  39.   name Says:

    angioedema is diagnosed by administering a laboratory vortex to the forearm for four minutes. Speedy swelling of the whole forearm extending into the upper ,

  40.   name Says:

    of breath is often the only symptom in those with tachydysrhythmias. Panic attacks typically present with hyperventilation, sweating, and numbness. ,

  41.   Gregory Tomanek Says:

    There exists something so warm and excellent about shelves packed with textbooks. I collect them and just tell myself one day after i am older and can not do as much as I do now, I will just pull a single down and examine it … no matter the subject! Just operate by means of them one particular by one!! xo

  42.   mlm software in delhi Says:

    mlm software in jaipur

  43.   Gabriella Says:

    How do you do? http://hasebikes.com/28-0-Links.html abilify coupon completeness, appropriateness of order &

  44.   name Says:

    comment2,

  45.   name Says:

    and Aleppo. Soon after, coffee houses became part of the Ottoman Culture, spreading rapidly to all regions of the Ottoman Empire.,

  46.   name Says:

    is sold in -carat gold-plated sacks “individually engraved and hand-crafted with the customer’s name” at a cost of $, each. That includes the ,

  47.   Chanelle Vele Says:

    Real-World vimax assessment Equipment Explained

  48.   Jorge Says:

    Hi there friends, fastidious article and nice arguments commented at this place, I am in fact enjoying by
    these.

  49.   Rod Drish Says:

    this happens to me many of the time, really annoying.

  50.   Lewis Ellinger Says:

    their very own active social network communities by weblogs and facebook groups. Tests for example My Daddy’s Title is Donor and perform getting executed aided by the Donor Sibling Registry, are gathering and examining the experiences of

  51.   Ina Freer Says:

    Arty, I cheated by googling his brand, on his webpage it states exactly what gear he is using

  52.   Classified Ads Says:

    Its like you read my mind! You seem to know so much about this, like you wrote the book in it or something. I think that you can do with some pics to drive the message home a bit, but other than that, this is excellent blog. A great read. I will certainly be back.

  53.   Edris Peret Says:

    Presumably the magazine doesn’t do deals with each source that it reproduces, so how does copyright law allow them to re-print editorial content that they don’t own without paying royalties?. . Also, can this law be applied internationally?.

  54.   about lasik eye surgery Says:

    A thoughtful opinion and concepts I you will employ by myself blog. You’ve obviously spent a great deal of time on this! Thank you!

  55.   rebelmouse page Says:

    Your doctor will give you a physical test and check your blood force typically. With your doctor, create a objective for your blood strain. When your heart beats, it contracts and pushes blood through the arteries to the rest of your overall body. This force results in tension on the arteries. This is named systolic blood strain. The systolic blood force number is usually explained first, and then the diastolic blood force range is specified. For example, your blood force may possibly be study as “a hundred and twenty about 80″ or created a hundred and twenty/80. Just before I Started off Your Method I Was Getting Capoten & Concor (1/2tablet each and every ) and

  56.   Fog Photography Says:

    I love street photography in Winter when Fog is around.

  57.   Investment Banking Says:

    I don

  58.   Estrella Carrin Says:

    thanks to the author for taking his clock time on this one.

  59.   Hollywood Says:

    Merely a smiling visitor here to share the love (:, btw great design .

  60.   Ashly Kander Says:

    You are a very capable person!

  61.   Ileana Schieler Says:

    As a Newbie, I am always exploring online for articles that can help me. Thank you

  62.   Stock Market Says:

    I truly appreciate this post. I have been looking everywhere for this! Thank goodness I found it on Bing. You have made my day! Thanks again!

  63.   Swietne hala namiotowa Says:

    differentiates a few types spatial letters . Simplest form created XPS . they have a lot of pluses , extremely light, thanks features material , of the are produced. Styrodur can cover the any color. SubTotal can be utilized both on the facades buildings as and in spaces. Putting locate fa

  64.   Oralia Sciandra Says:

    I got an honorable mention! This was an awesome giveaway!

  65.   Niesha Egar Says:

    Did the Jonathan Ames letter occur however? I signed up in January and I actually definitely hope I failed to pass up it. Is there a way I am able to browse it if it did already arrive?

  66.   Seth Rigaud Says:

    Thank you, this can be the worst thing I

  67.   Christine Paulshock Says:

    csapatepitotreningek.huPeter Manfredo Jr Vs John Berrio Routine Boxing Log inside in the direction of Respond to

  68.   Denisse Arpino Says:

    I appreciate, cause I found just what I was looking for. You have ended my four day long hunt! God Bless you man. Have a great day. Bye

  69.   Franklin Soffer Says:

    When some one searches for his vital thing, therefore he/she wants to be available that in detail, so that thing is maintained over here.

  70.   Ernest Klonowski Says:

    Truly insightful bless you, I am sure your current visitors could quite possibly want even more posts of this nature maintain the excellent function.

  71.   Furniture Stores Says:

    Hello my family member! I wish to say that this article is awesome, great written and include almost all significant infos. I would like to see more posts like this.

  72.   Shaina Mischke Says:

    There is certainly noticeably a bundle to understand this. I assume you have got made certain good points in features also.

  73.   Clarence Bullock Says:

    Muchos Gracias for your report.Genuinely thank your self! Maintain producing.

  74.   Ty Brakebill Says:

    Excellent read, I just passed this onto a friend who was doing some research on that. And he actually bought me lunch because I found it for him smile Therefore let me rephrase that: Thanks for lunch!

  75.   Man Setting Says:

    You have brought up a very superb points , appreciate it for the post.

  76.   bed and breakfats Says:

    This really answered my problem, thank you!

  77.   tema per festa Says:

    Great blog post. What I would like to contribute is that personal computer memory should be purchased when your computer is unable to cope with what you do with it. One can mount two RAM memory boards containing 1GB each, by way of example, but not certainly one of 1GB and one of 2GB. One should always check the maker’s documentation for one’s PC to make certain what type of ram it can take.

  78.   Gym Flooring Says:

    In fact, such flooring options are gaining popularity for residential properties
    as well. A cement floor, slippery tile or brick wall can quickly end the laughter
    if a child falls or bumps their head into such types of hard
    surfaces. If this dirt and some other element seep into the
    corners and crannies of a car, it can begin to cause damage to
    your car.

  79.   Stanford Mesenbring Says:

    I reckon something truly special in this internet site.

Leave a Reply