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Armed with his Canon 5D and his new Lensbaby lens, photographer Duane Kerzic was out to win Amtrak’s annual photo contest this week, hoping to win $1,000 in travel vouchers and have his photo published in Amtrak’s annual calendar.
He ended up getting arrested by Amtrak police; handcuffed to a wall in a holding cell inside New York City’s Penn Station, accused of criminal trespass.
Kerciz says he was hardly trespassing because he was taking photos from the train platform; the same one used by thousands of commuters everyday to step on and off the train.
“The only reason they arrested me was because I refused to delete my images,” Kerzic said in a phone interview with Photography is Not a Crime on Friday.
“They never asked me to leave, they never mentioned anything about trespassing until after I was handcuffed in the holding cell.”
In fact, he said, the only thing they told him before handcuffing him was that “it was illegal to take photos of the trains.”
Obviously, there is a lack of communication between Amtrak’s marketing department, which promotes the annual contest, called Picture Our Trains, and its police department, which has a history of harassing photographers for photographing these same trains.
Not much different than the JetBlue incident from earlier this year where JetBlue flight attendants had a woman arrested for refusing to delete a video she filmed in flight while the JetBlue marketing department hosted a contest encouraging passengers to take photos in flight.
While the Amtrak contest page does state that trespassers are subject to arrest and fines, it also states that contestants must also stay in the “public access areas”, which describes the train platform because how else are passengers going to board the train?
As always, Amtrak reminds you to stay out of danger - stay away from tracks and the railroad right-of-way. Do not trespass on railroad property or on private property adjacent to the railroad. Do not climb or approach railroad structures, towers, or wires. Stay in public access areas, and away from railroad structures and moving equipment - in stations, on sidewalks, or in parking lots. All participants expressly release Amtrak from all liability for personal injury and loss or damage to personal property, and expressly assume the risk of harm. Remember, tracks, trestles, yards and equipment are private property - trespassers are subject to arrest and fines.
Also, according to a discussion on this same subject on a website called Trainorders.com, the July 23, 2007 Amtrak weekly newsletter stated there is no prohibition against photography as long as one remains in the public access areas.
“Security: While there is no prohibition against taking
photographs of Amtrak trains, photographs may only be
taken in Amtrak’s public areas, not areas restricted by
signs, barriers or locked entrances. Non-public areas,
such as railroad tracks, trestles, yards and equipment,
are private property; trespassers are subject to arrest.”
-Amtrak This Week newsletter, 23JUL07
Furthermore, this same issue arose in Washington DC’s Union Station where a TV news crew ended up interviewing a top dog from Amtrak to determine what is the actual policy on photography in train stations. The Amtrak official said that photography is allowed. Meanwhile, a security guard tried to shut the cameraman down.
That incident lead to US Congresswoman Eleanor Holmes Norton to demand clearer policies about photography from the companies that operated within Union Station.
Kerzic’s ordeal began Dec. 21 when he took the train from New Jersey into New York City and debarked at Penn Station. He snapped a photo of the train speeding away, then walked down the platform where he snapped several other photos. He continued taking photos as the platform emptied into Manhattan.
Then he casually walked towards the staircase to make his own way into the city. He stopped before the stairwell to tie his shoe.
When he stood back up, the cops were hovering over him. Two cops and a dog. A black lab with a nose for explosives.
“They asked what I was doing, I said I was taking photos,” he said.
“They said put your bag on the ground and let our dog sniff it.”
He complied and the dog confirmed he was carrying no explosives in his photo bag. Then they asked for his ID. Then to see the photos.
And then they ordered him to delete the photos.
“I said ‘absolutely not’,” said the 50-year-old navy veteran who describes himself as a “conservative republican”.
They told him it was illegal to photograph the trains.
“I asked where is the sign that says that,” he said.
That was when Amtrak police officer James Rusbarsky, badge Number 466, pulled out his handcuffs.
Kerzic said he immediately placed his hands behind his back, but Rusbarsky insisted on placing the handcuffs on him backwards.
“I asked him please put the cuffs on correctly, you’re hurting me, and he refused, tightening them instead,” he said.
Then they took him to the holding cell where they handcuffed him to a wall, and even then, they still slammed the door locked, in case he somehow broke free.
Kerzic said they never accused him of trespassing until after they had him handcuffed and placed in the cell. He believes they only came up with this charge after they realized there was no law in the books that stated that photography was illegal inside a train station.
“At no time did they tell me to leave the platform,” he said. “All they wanted me to do was delete my photos.”
Now he has sent out letters complaining of the incident to everybody from New York City Mayor Michael Bloomberg to New York Senator Hillary Clinton to everybody in between and above, including Amtrak officials, New Jersey Transit officials and even the President Bush himself, in case he feels the urge to do some work before he leaves office next month.
He has also contacted a New York City lawyer who specializes in First Amendment cases and the National Press Photographers Association has also been in contact with him.
And he has been documenting his caseon his website, including photos of his injured wrist and the various train platforms as well as the letters he has sent out.
Now he plans to return to Penn Station and photograph the cops who arrested him as well photos for Amtrak contest.
“If I win that contest, I would travel all over the country taking photos,” he said.
And if he wins the lawsuit, he may end up traveling all over the world.
He should be declared as the winner. This is the least Amtrack can do. I hope the cops won't get of it this easely. They could have made themselves more useful in chasing the pricks and sluts who tamper with the rolling stock and other assets !
It's just ironic that Amtrak is running a photography competition currently for photos of their trains and stations. If this man is smart, he will be very very rich here shortly, thanks to the ACLU.
They must have been trained by Homeland Security. It's very sad that there are so many over zealous people with badges who think they can impose their will on others.
They must have been trained by Homeland Security. It's very sad that there are so many over zealous people with badges who think they can impose their will on others.
It always seems to be airport cops or rail cops, rarely city cops in my experience. I've always thought they're the guys who are pissed off because they failed whatever test to become a real cop, so they go on a power trip.
Wow, Look at all the weird a** people that go in and out of Penn Station. Prostitutes,homeless etc. I never see them get bothered and New York is like the home for Photography isn't it?
Eddie
Some of these airport security/police guys really hack me off. It seems that as soon as the given an iota of power it goes to their head and they go on a trip. Some of the railway station staff are no better either here in england. Thanks to all of you in this field out there who are not like that. I really mean it.
While a lot of us feel for the photographer and are very supportive about photographers rights..... something makes me want to hear the other side of the story.
Just by looking at the photographers writing style make me wonder how he responded to the officers initial contact. I have seen several times if you throw an attitude trip to an officer things get escalated quite quickly. To be honest some officers could use a lesson on how to deal with the public, on the other hand a lot of civilians act like they pay taxes and have the right to run wild.
In all of my run ins with airport police, military security, etc. i have always extended a professional demeanor to them. By answering there questions and discussing there concerns with what/why you are doing. I have found that 99% of the time i am left alone to take all the photos i want or need. The times i have been told to leave the officer would give me suggestions of areas that would not cause any further visits. Now when i have been with groups of photographers and one gets mouthy with the officer we were all asked to leave...
My question is what did the photographer do to escalate the situation???
Robin Guess Aviation Historian, Photographer, Web Designer.
I understand there are some in the photography and videography community that agrevate a situation. I think i speak for the whole community when i say that its the paranoia that bugs us.
They say there looking out for terroists but the ATC tower is bound to spot you quite quickly. Personally speaking i do not believe terroism exists in the sense most of you do but thats another issue that's covered in another topic. Basically if breaching airfields is what anyone has plans of doing they won't really get far before they get noticed and arrested.
From what i have read America seems to be the worst place for all this paranoia but here in the UK it seems were quickly taking 2nd place.
I've heard of blokes with telescopes being told to put there hands above there head by SWAT type police because they had been reported by locals for pointing long objects at aircraft.
It just gets worse and worse and allthough some of these photographers might get a bit rowdy they have a point that they are not doing anything illegal.
In all of my run ins with airport police, military security, etc. i have always extended a professional demeanor to them. By answering there questions and discussing there concerns with what/why you are doing. I have found that 99% of the time i am left alone to take all the photos i want or need. The times i have been told to leave the officer would give me suggestions of areas that would not cause any further visits. Now when i have been with groups of photographers and one gets mouthy with the officer we were all asked to leave...
Exactly. Be courteous, explain to the officer what you're doing in a nice tone. Don't immediately start screaming that it is a constitutional right to be there and that you won't leave. Hear the officer out, don't break off his sentences. When he is done, then you can talk. I have been approached several times while at airports and only once was I asked to leave a spot, but that request was followed by a "however, we can't make you." If you are on public property then shoot away and explain that to the officer, in a sensible demeanor and you'll be fine.
If you do happen to get arrested or the officer starts to be harassing just remember, the calmer you are the better it will show on the video tape of the incident. 99% of police cruisers have video cameras, if the officers lights are on that means his camera is on. The cameras automatically start filming once any of his overheads get activated. Be courteous, don't raise your voice. Cars with cameras also are equipped with wireless microphones that the officers wear, which will also pick up your communications. If you get arrested and you can show everyone how calm you were and how reasonable you were being then your in good shape. If you're screaming at the officer and calling him an idiot, good luck.
Now remember, if you are arrested; find the closest brand of the ACLU and contact them. If you don't know what ACLU is, it is the American Civil Liberties Union. They can give you advice on your next step. If I were to ever get booked into jail for taking photographs from a public place, they would be my one phone call from jail.
Not surprised its Amtrak Police...they are basically the guys that didn't make it in NYPD, Port PD, or MTA PD..basically the bottom of the barrell cops.
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Photographer Arrrested : For......well....Photographing Trains !!
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