 "Photo: Anthony Salinas/ The Pan American")
Don’t ever let yourself be bullied by anyone who tells you that it’s illegal to take public photos of whatever you damn well please.
It happens all the time. Sometimes it’s an uninformed security guard hurling rules that came from up high, and other times it’s individuals not wanting their picture taken. But if you are out in public under most circumstances, feel free to shoot until your fingers bleed.
Bottom line: just because someone doesn’t like what you are doing doesn’t make it illegal.
I learned this the hard way. One day while shooting photos in Downtown McAllen I became extremely obsessed with the Bentsen Tower and the way that the blue sky and bright clouds seemed almost to be painted onto the ugly façade of the glass building.
Inching closer and closer while snapping some pretty neat shots, my viewfinder was overcome by a big man in blue. (Rent-a-Cop blue) “What are you doing?” he asked. As if it wasn’t clear to him that I was taking photographs. I responded with the obvious and he quickly snatched my camera from my grip.
“It’s illegal to take photos of a federal building,” he said. As he started deleting my pictures one by one, I pleaded with him that he was in the wrong and that he recheck the law.
He quickly handed my camera back and told me to get off the federal lawn. Apparently I could be prosecuted for obstructing government facilities and endangering the security of the building. This seemed like Patriot Act hogwash but I complied and walked off the lawn.
As I was walking away I started to doubt his knowledge of the law and I remembered that one of my photography professors once told me, that as long as the photographer was in public, then snap away; the law is on your side.
I stepped on the sidewalk and continued taking photos. I KNEW that because I was on the sidewalk I could plead my case if anyone questioned me. That way I was not on federal property, which seemed to be the technical problem. But sure enough he lunged at me again. This time more angry and he threatened to have me arrested.
In disbelief I walked away and out of pure spite I drove my car around the building snapping photos as I pleased.
General U.S. law, although vague, stipulates that for the most part the general public can take photographs of whatever they choose granted that they are out in public, although there are certain limited expectations of privacy, plus issues of private property. Amateur and professional photographers are protected under the Constitution. Web site Krages.com has a full list of photography rights. The attorney at law Bert P. Krages II has devoted the site to informing the public of their rights and has even posted a printable version of what he calls The Photographers Rights.
Following my encounter with the Bentsen Tower security guard, I called and spoke with a front desk clerk who just gave me the run-around on the issue. I left my name and number and never received a call back.
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