Shhh... it's a secret!

I see via BoingBoing that local photographer Steve Malik had the temerity to take a couple of pictures of the Muni platform while waiting for his train. It was not a pleasant experience:

At approximately 5:15 pm on February 5th 2005, I was taking photographs on the west end of the railway platform at Montgomery Station in San Francisco. I was approached by two Municipal Railway Fare Inspectors bearing badges #8 and #29. #8 told me that taking photographs underground was not allowed. I asked what law she was referring to. She said, "Since 9/11, photographs underground in Muni Stations are not allowed." I repeated my question, "Tell me what law you are referring to and I'll stop." # 8 offered the same answer. #29 then stated, "If you take another photograph I will cite you." I asked them both “Under what law -- Federal, State, Municipal Code or otherwise – would I be cited?” #8 informed me that it was a "Muni Law". I advised them that if I was breaking the law that I would like to be cited. #29 requested my identification, upon which I proffered my California Drivers License. He requested that I follow him upstairs, which I willingly did.

...[eventually they called the cops...]

Officer Primiano expressed extreme frustration with me as soon as I began speaking of my rights to photograph in public places. She wanted to debate the wisdom of my taking pictures and asserted that in the wake of the Sept 11th attacks on our country, I should be more interested in aiding officials in their efforts to increase security than my rights as a citizen or journalist. Despite my calm statement of my side of the issue, Officer Primiano waved her hands in the air, stated, "This guy is really pissing me off", and walked away, leaving Officer Ryan to talk to me. Luckily he exhibited a more rational, professional demeanor.

However Officer Ryan was of the opinion that I should not be taking photographs. I explained to him that I didn't want to argue the wisdom of my taking photographs, or the efficacy of a ban on photography in the MUNI System should one exist. All I was concerned with was the legality of my actions. If I had in fact committed a crime by taking photographs, I should (and in fact wanted to) be cited under the relevant law so that I could then pursue the matter in the courts and assert my First Amendment rights. Officer Ryan told me in a very straightforward manner that he did not wish to allow me the opportunity to assert my constitutional rights in court.

Most people who are politically active in San Francisco have run into the "do what I say, because I am a police officer and I said so" attitude on the part of the SFPD, so for many of this the story will not come as a huge shock. And, of course, they now have the all-purpose terrorism excuse to invoke whenever they feel like it.

Steve writes that he is not looking for disciplinary action against the officers who threatened him with arrest for no reason. So the officers will, apparently, get away with it, and go on protecting our community and our rights. Or maybe that's protecting our community from our rights.

Note: Also check out Steve's pictures from the Jan 20 anti-inauguration demonstration and the Folsom Street Fair.