DURHAM, NC (January 30, 2009) – In response to several inquiries by the National Press Photographers Association to the nation's railroad about photographers being harassed by Amtrak police while trying to take photographs in public places, Amtrak's associate general counsel David J. Domzalski has informed NPPA's lawyer that they are developing new photography guidelines that will be posted on the carrier's Web site, and that existing Amtrak police department guidelines are being reviewed and updated.
NPPA's general legal counsel Mickey H. Osterreicher says that he was pleased to hear the news, and that he and NPPA's leaders have volunteered their services to offer input to Amtrak's new guidelines as they are developed, offering the organization's opinions about the photographic and access needs and considerations that pertain to photojournalists. Osterreicher said that Domzalski has promised to share the proposed new guidelines and police policies with NPPA as soon as they are available, and before they are finalized.
In early January, NPPA asked Amtrak to "stop harassing photographers" and to "take immediate steps" to remedy the railroad's "unconstitutional treatment of law-abiding photographers." Domzalski responded on behalf of the railroad that Amtrak denied any allegations that it had acted in an unconstitutional manner, and restated Amtrak's policy that photography is permitted in Amtrak's stations "in spaces that are open to the public, and is limited to situations where it does not interfere with passengers and crew." Domzalski wrote that "there are considerations, including the safety of all passengers and crew that must be taken into account. As such, it is not an unreasonable time, place, or manner limitation."
NPPA's letters of complaint to the railroad came after the organization received many complaints by photographers about harassment by Amtrak officials and arrests by Amtrak's police while the photographers were lawfully taking pictures in public places.
Domzalski initial response also said that Amtrak does restrict photography "in areas restricted to the public, such as right of ways and posted no trespassing areas. It is also limited on train platforms to ticket passengers who may do so briefly prior to boarding or departing from a train," and that the railroad's photography policy states that the media should contact Amtrak in advance to "request contact and coordination."
In his most recent communication with Osterreicher, Domzalski did say that Amtrak's request to be contacted beforehand is just that, a request, one that should be made when possible, but that the railroad does understand that the nature of news and breaking stories with deadlines may not always make that request possible.
“It is a courtesy for the media to contact Amtrak in advance," Osterreicher said, but the media does not need permission from them to take photographs in a public area. If you call and they say 'no', that's a form of prior restraint and they don't have the right to do that."
In last week's exchange between NPPA and the railroad's lawyers, Domzalski said that Amtrak police officers had been issued "specific guidelines" regarding the "rights of passengers, patrons, or the public-at-large to take photographs or video record in public space areas."
"These guidelines also state that Amtrak police can investigate activity of photographers that is reported or observed to be suspicious in nature," he said.
"It's one thing for Amtrak to exercise reasonable time, place or manner restrictions or to 'investigate activity of photographers that is reported or observed to be suspicious in nature.' It is quite another to abuse that discretion as a pretext to infringe on protected First Amendment rights in a public place or forum under the guise of safety and security," Osterreicher responded.
"Rather than belabor the point of what happened in the matter involving the recent arrest of a photographer in Penn Station, NPPA would like to work with Amtrak to help develop reasonable and workable policies and practices to help avoid future incidents," NPPA's lawyer said.
