September 20th, 2008 Posted in Uncategorized | 3 Comments »

Finally got stopped by the police in SF - happened a few months ago, first time in seven years of shooting here…
It all started hooking up with my photo buddy Ray in the downtown to do some street photography. We started at the 5th and Mission garage, went to Market, up Powell, and then cut over a bit and went into Chinatown; taking snaps all along the way. From Chinatown, we then headed back hooking over to Northbeach, then through the financial district. All the time taking snaps of this and that. Everything was pretty routine having shot a lot in San Francisco over the years. Have never had a problem. Once in awhile someone will ask why I’m taking pictures and I just say, “It’s what I do.” Or I’ll pull a small book out of my bag that has my street photos in it to show and explain. That works well - most people get it. And no one has ever cared.
1. As we were walking back through Embarcadero Center, Ray took a snap of a woman on the sidewalk. No big deal, something we’ve both done thousands of times. About ten seconds later, as we’re a couple dozen feet past, we hear, “Excuse me! Excuse me, did you just take my picture?”
2. We turned around, and it was clear she was talking to us. So we replied, “Yes!” To which she replied, “You can’t do that!” We responded that yes we could, it’s a public sidewalk and we’re free to take pictures of anything we want. And that’s when things started going bad. She complained that we need permission, to which we replied we didn’t. We went back and forth on this for awhile, and then her husband and son joined in. More questions. Why did we take her picture, how come you didn’t ask, it’s illegal, and on and on. We explained what the law is, that basically shooting in public on the street there are no restrictions on taking pictures. They didn’t buy it, and were argumentative.
About this time I’m looking around off in the distance for a cop as I could tell this situation wasn’t going to improve. My friend Ray told the woman he’s going to delete her image - and did so right in front of her. Not that he had to, but as a good-will gesture to calm the woman and her family down. You’d think that would have been the end of it, but nope, they now wanted to report us to the police. I said great, just punch 911 on your cell phone. Which she did. We decided to wait around, just to see how it would play out. While waiting we endured more arguing and insults.
After five minutes of that, we decided it was time to go, the police were not going to respond to this. So we said see-ya, and walked away, heading towards Market Street to go home. The woman and family followed behind us saying we couldn’t leave - to which we replied, “Oh yes we can!”
3. They followed us to Market, we turned right (heading South), and they stayed behind. Great, I thought - this enounter is over.
4. About 5 minutes and a block or so later, I see two police cars speeding with lights and siren fly past us towards where we’d been. I remember thinking, no way, must be something else. There would never be that kind of response from someone complaining about having their photo snapped.
We get to Fremont Street and turn left, to get to Mission and the garage where our cars are parked.
5. And then, just as we get to the intersection of Fremont and Mission, four police cars race up next to us at the curb. And then a fifth turns the corner and stops. The cop in the first car, a Sergeant, looks at us through his down car window and says to stop and stay right there. We do and stand around kind of stunned that the woman complaining about her picture being snapped could cause this level of response. The sergeant listens to something on his radio, and then gets out of his car and looks us over. And then he says there was a complaint about two guys taking pictures, and that we also fit the description of two suspects of a robbery that just occurred. We were both wearing brown jackets, same as the robbers. We say, sure, there was an argument with a woman who objected to her picture being snapped, but we’re not robbers. Seemed like he believed us, maybe because we’re acting so incredulously, or more likely because the whole thing isn’t adding up to him. A cop in the third car gets out and says, “No, that’s not them…” A minute later 4 of the five police cars leave and it’s just us and the Sergeant.
And then, just when you think it couldn’t get any weirder, the woman who was snapped more than a half mile away comes running down the street and yells, “That’s them!” Had no idea how she found us…
When she finally gets to us, she tells the Sergeant that we were the ones who took her picture. I tell her it’s a public street and no foul occurred. The cop tells her the same thing. And then she says, “Well, they didn’t get my permission and I didn’t sign anything.” To which the Sergeant replied, “No need to. And it would only be needed if the photo were going to be subsequently used for commercial use.” At that point I’m thinking, wow, this is interesting. Needing releases for commercial use isn’t something non-photographers would know about - it’s not an element of criminal law. So now I’m wondering if the Sergeant might also be a photographer….
The woman complains and argues some more, but the cop tells her no law was broken and sends her away. And then, he asks us what kind of cameras we’re using. Ah ha, I was right. So the three of us end up bs-ing about photography and gear for ten minutes. I ask him if he knows another Sergeant who is also a photographer - someone I had exchanged emails with a couple years ago. He replied yes, he’s talking to the woman’s husband - he’ll be here in a few minutes. He later comes by and we meet and then the four of us are talking about photography for another 15 minutes. That was great - a lot of stories… We exchange cards and email addresses.
So all in all, it turned out to be a really interesting experience. First encounter with a person who objected to being snapped on the street. And my first encounter with the SF police, who were really great - and I enjoyed bs-ing about photography with them.