Photograph a farm... go to Jail?

[Dakotah Jackson]

This one is a difficult one for some to keep from going political and we know politics is not a topic for these forums.

How do we address laws like this that can get one cited, arrested and possibly jailed for stopping alongside the road, setting up our 8x10 to photograph a hillside with grazing cattle or sheep, barn and whatnot in the image and the local Sheriff stops by and places you under arrest?

You know it is going to happen, especially in places where the controversy is a major topic of discussion.

For those who have had these encounters, you know how few in law enforcement understand 'art' with a camera and why some of us find the scene fascinating and want to photograph it - while the owner or deputy sees you as a threat of some kind and what you are doing to be somehow dangerous. Just look at train photo contests in New York being held while the transit cops arrest you for photographing the trains to enter in the contest. If it can be abused, it will be. All the while some of us(me included) get pissed and belligerant back when told we can't photograph something in plain sight from a public location or road.

Enter normal news photography and the 'public exposure' of problems, possible illegal activty and the like and you have laws that can be used to muzzle our news.

I live in farm country and most of my neighbors farm. Every on I know takes care of their animals and the land. It is their 'bowl of rice' and if they don't take care of the animals or land, they lose their way of life. The idea of middle of the night calving in sub zero temperatures is reality here. The idea of providing protected areas and care to the animals to maximize yield and profits makes sense. The reality that if you don't take care of your animals you neighbors will do something about is is real. We have one who did not take care of his horses and they were forcibly removed and relocated - and he knows in no uncertain terms that starving horses isn't tolerated. No sheriff involved, but you don't go against 20 neighboring farmers if you want to get along.

Who will be the first to challenge these laws with deliberate actions? Maybe do so with surreptitious videotaping the whole encounter to be used on the news and court later to show what really happened? It may come to that.

The part that is galling is just like the patriot act baloney that somehow photographers are an inherent danger to others. Just doesn't fly with me.

[Michael E]

Well, the article had a list of states with these laws in effect - a list of places I won't visit on my next visit(s) to the US. Why would I take my tourist dollars to rural states where I can't photograph any place associated with agriculture? Sure, I probably wouldn't be bothered when I set up my camera by the side of the road - boy, we all can be grateful if our criminal activities are tolerated. I already gave up street photography and (most of) people photography because of the increasing legal hassle...

Legislation can suck all life out of life. I might sound a bit frustrated, I got a major traffic ticket last night for driving home in my own car. My BMW, which has been retrofitted with the newest catalytic converter available, does not meet emissions standards necessary to enter the "environmental" zone of most large german cities... I can drive my car outside of my city limits, but I may not drive it home.

Best,

Michael

[wfrascher]

Michael E, you can photograph our little farm (163ac). :-)
Some day I'll finish our website;
http://www.watershipfarm.com/farm/horses/draft.html
Lauren took the snaps. My brother has an observatory on our place and took those images.

Just don't try to take any pictures of Cargill's places. :-/

[John NYC]

Well, the article had a list of states with these laws in effect - a list of places I won't visit on my next visit(s) to the US. Why would I take my tourist dollars to rural states where I can't photograph any place associated with agriculture?

You won't visit New York? That would be missing out.

These laws once challenged will fall down like a house of cards. Otherwise millions of google maps shots, every Target store parking lot security cam that also overlooks a field, etc. is going to be illegal.

[Louis Pacilla]

Never mind.

[Greg Miller]

I'm in New York and have been photographing farms almost every day for the last week. I have been watching the cops pull over speeders while I'm standing next to my tripod and camera. They don't seem at all interested in the fact that I am photographing farms. If someone thinks that banning photographing of farms will prevent some unwanted attention, the publicity they get the first time someone is actually arrested and it goes viral will quickly prove them wrong. In the meantime I personally won't give it another thought and seriously doubt any cops will be paying any attention to me. Just because there is a law, however stupid or valid, doesn't mean anyone plans to enforce it - just look at the millions of other laws in the books that go unenforced.

[Michael E]

Of course these laws will probably not enforced. I'm not afraid of being arrested (I'm not trespassing), but the pure thought of the image police coming by and telling me what to photograph and what not is making me sick. After all, we're talking about photographing objects in plain sight from public grounds. Good to know that the police will probably look the other way, but I'd rather just keep my rights.

You won't visit New York? That would be missing out.

Haven't been there since 1989, don't plan on going back. My (pretty frequent) visits to the US usually take me to the southwest, but on last count I have been to 26 states plus Mexico and Canada. Utah would hurt me the most out of that prestigious list. Since I don't live in the US, I don't need to go places that don't want me and my camera.

Don't get me wrong, the US is surely no worse than other countries, and Europe has it's own issues - in every way. I just disapprove of the way our rights get limited more and more.

Michael

[Jim Michael]

Well, the article had a list of states with these laws in effect - a list of places I won't visit on my next visit(s) to the US. Why would I take my tourist dollars to rural states where I can't photograph any place associated with agriculture? Sure, I probably wouldn't be bothered when I set up my camera by the side of the road - boy, we all can be grateful if our criminal activities are tolerated. I already gave up street photography and (most of) people photography because of the increasing legal hassle...

Yes, all these laws do is result in innocent folks getting harassed. There are laws in place by other repressive regimes that attempt to prevent news of the goings on from getting out, but the infrastructure already exists for publishing images anonymously.

[Jim Jones]

[QUOTE=Greg Miller;864490]. . . I have been watching the cops pull over speeders while I'm standing next to my tripod and camera. They don't seem at all interested in the fact that I am photographing farms. . . .QUOTE]

However, there is another consideration. I'd stopped to photograph a scene along the interstate highway in Kansas that I'd wanted to capture for years. I'd taken a snapshot with a small camera and was setting up the 4x5 when a highway patrolman stopped to inform me that non-emergency stops along the interstate were forbidden. No hassle, no ticket, no photograph.

[Greg Miller]

It sounds like the cop handled this well. He pulled over for your safety, and did not hassle you beyond that. I never pull over on an intestate highway, regardless of how compelling a scene may be. Witnessing a sitting car being demolished by a tractor trailer traveling at highway speeds will get your attention. I believe that cops will pull over for any car on the side of an interstate highway just to see if they need assistance.

Yes, stupid laws can result in people getting harassed. But with billions of photos taken each day, the percentage of those being hassled is infinitesimal, and usually there are other factors involved. Even after 9/11 here in NY, I was photographing from a bridge being guarded by cops. I simply approached a cop, explained what I was doing, and he had no problem. I was asked to leave later when other people saw me, started parking carelessly and taking their own photos.

People can always cite a few examples of people being harassed (for just about anything). But it needs to be kept in perspective. Very little in politics makes sense these days. If people actually begin to get arrested for taking scenic photos of farms, the publicity the photographers get from the public outcry will probably far outweigh the hassle.