RE: [Leica] Inspired but arrested

["Don Dory" <dorysrus@mindspring.com>]

Try to have a good day Keith:

While I can not give advice specific to your case I can generalize
somewhat.

If the security/police did not give you any warning or ask you once to
not photograph on private property then you have an excellent chance
with representation to get completely off as well as get your legal fees
paid by the Mall.  This assumes that you weren't literally in someone's
face with your camera or engaging in some other poor etiquette behavior.

However, if you were asked/told even once that you were on private
property and photographing was against the rules and or you offered any
"resistance" to the security guard/policeman then you are on a very
expensive road and may pay a legal penalty in time and money.

Why?  Malls are private property and may enforce any reasonable rules
that they wish.  Protecting the privacy of their patrons is certainly a
reasonable thing for a private organization to do on their property.  If
there was any store signage even remotely close to where you were taking
pictures then you also have the mall protecting the business interest of
its tenants which is a reasonable thing for a landlord to do.  Last
point is that taking pictures of public places is something that is
considered pre-terrorist activity and will gain you no sympathy from
people wearing uniforms.

So, why do the tourists get to snap pictures in the mall and you don't?
Usually tourists are taking pictures of themselves in front of Santa or
FAO Schwartz or some other touristy thing.  The mall is exhibiting
reasonable forbearance in not harassing guests unreasonably.

The above is why taking pictures in a mall is an interesting
proposition.  You have to act like a tourist to stay under the radar
screen.  You have to immediately display regret and completely put away
your camera if any representative of the mall or its merchants asks you
to stop or you will risk arrest and seizure of your equipment for an
indeterminate period of time.

What do you do now?  Get a really good lawyer and see if when confronted
by the possibility of very expensive litigation against the probability
that you were just very ignorant of the rules and will never step foot
in that mall ever again the mall/police will drop the charges.

Don
dorysrus@mindspring.com


- -----Original Message-----
From: owner-leica-users@mejac.palo-alto.ca.us
[mailto:owner-leica-users@mejac.palo-alto.ca.us] On Behalf Of Keith R.
Wessel
Sent: Sunday, December 21, 2003 12:39 AM
To: leica-users@mejac.palo-alto.ca.us
Subject: [Leica] Inspired but arrested

Two days after I entered this list I posted a question about my interest
in
purchasing some used Leica equipment.  I am pleased to state that I was
provided, off list, with some very helpful information.

In response, I purchased (via the Internet auction -- you know what I
mean)
an M6 a Minilux and a 35mm f2 Summicron.   This equipment supplements my
M3
with lenses, Hasseblad, Nikons, Crown Graphic, etc.

I  have enjoyed my opportunity to become acquainted with PAW and some
really
great photography by joining this list.  I have been inspired to say the
least.  I have been a student of HCB for many years and this list
inspired
me to get out there and capture my world.

Unfortunately, that has led to my arrest for trespassing and disorderly
conduct.  Apparantely, two photographs with an M6 have led to my arrest
for
disorderly conduct.  I have disturbed the peace by taking two
photographs
with my new M6.  I disturbed someone by taking two photographs.

I took these photograph at a mall  in Madison, WI.  I have been taking
pictures since the 1960s and will post some of my work as time allows.
In
the meantime, if anyone one this list can help me defend my behavior of
taking pictures at a "private" mall (which is used by the general
public) I
would gratefully appreciate that same.


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