The Fare Inspectors tried to prevent me from taking photos under threat of citation. When I refused to stop, they tried to cite me but couldn’t find any relevant code, regulation or law to cite me. Enlisting the aid of the SFPD and BART Police officers also yielded now results. No citation was issued.

An amazing account of a photographer, Steve Malik, taking pictures in downtown San Francisco. As he was waiting for a subway, he decided to snap some pictures of the crowd waiting with him. That’s when our modern police state stepped in… the Fare Inspectors could not cite and law that the guy was breaking, so, they did what any decent American would do… they called the cops!

After going back and forth with the two police officers, the one officer said one of the scariest things I’ve ever read. In the complaint he’s composed to the San Francisco, the author writes:

After walking over to the group of Fare Inspectors and BART Police Officers, Officer Ryan returned to speak to me. He expressed his frustration at the situation and me by saying: “Would it have been so difficult for you to just stop taking photographs when these guys told you to stop? If you weren’t on your soapbox, I’d be out fighting real crime rather than standing around here dealing with you.” He expounded further, “Even if there is no law forbidding photography in the MUNI System, the Fare Inspectors have the right to refuse you service for any reason they choose, including taking photographs. Once they refuse you service they can swear out a citizens arrest for trespassing. I, or other officers, will book you and you’ll spend the rest of your weekend in jail. It won’t be for taking photographs, so your weekend would be ruined yet you’d never get a chance to argue the matter of taking photographs before a judge.”

That’s it! Exercise your rights, and we’ll find some other reason to arrest you. Don’t you know, the laws are written so that everything is illegal. The police can always find an excuse to arrest you.

For reference, here is a quick website about your rights when taking photographs.