Peterson’s Fortress
By Silver Springer • Jun 25th, 2007 • Category: Silver Springer
I think this issue deserves ongoing attention. I’m still mystified by the fact that Peterson Companies (which I guess includes Foulger Pratt and Argo Investment since they have a share in the project) are actually keeping people from taking pictures.
As posted on the Silver Spring Singular, Peterson Cos argues that they don’t want bad publicity but I guess their out of luck as the news has hit the local TV stations.
People have given the project bad publicity but people have also given it good publicity too. The facts are in the pudding; an enormous amount of people patronize the Downtown Silver Spring project, It is successful, period.
It would be pretty dim-witted to piss people off and cause a scene but as previously mentioned it’s too late for that.I personally took a photograph of the Downtown Silver Spring project, turned it into a flyer and put them up in Cakelove, Potbelly’s etc. Nothing at all bad was said about the place, infact it was the exact opposite. I would feel quite flattered if someone was using a photo of my development in such a positive light.
There is a recently updated (November 2006) pamphlet called, The Photographer’s Right, published by Bert P. Krages II, Attorney at Law. The title is self explanatory, here are a few highlights,
The General Rule
The general rule in the United States is that anyone may take photographs of whatever they want when they are in a public place or places where they have permission to take photographs. Absent a specific legal prohibition such as a statute or ordinance, you are legally entitled to take photographs. Examples of places that are traditionally considered public are streets, sidewalks, and public parks.
Permissible Subjects
Despite misconceptions to the contrary, the following subjects can almost always be photographed lawfully, from public places:
·        accident and fire scenes
·        children
·        celebrities
·        bridges and other infrastructure
·        residential and commercial buildings
·        industrial facilities and public utilities
·        transportation facilities (e.g., airports)
·        Superfund sites
·        criminal activities
·        law enforcement officersÂÂ
Futher more,
Most confrontations are started by security guards and employees of organizations who fear photography. The most common reason given is security but often such persons have no articulated reason. Security is rarely a legitimate reason for restricting photography. Taking a photograph is not a terrorist act nor can a business legitimately assert that taking a photograph of a subject in public view infringes on its trade secrets.On occasion, law enforcement officers may object to photography but most understand that people have the right to take photographs and do not interfere with photographers. They do have the right to keep you away from areas where you may impede their activities or endanger safety. However, they do not have the legal right to prohibit you from taking photographs from other locations..
They Have Limited Rights to Bother, Question, or Detain YouÂÂ
They Have No Right to Confiscate Your Film
Downtown Silver Spring was a closely linked public/private partnership. Unfortunately Peterson has crossed that line into alienating patrons and generating the bad press they didn’t want in the first place. You can easily take a photo from the Civic Center site or on the public sidewalks with Silver Spring CBD standard streetscaping. I’m not sure how they thought they think they can avoid photography.
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Unacceptable behavior on the part of Peterson Companies, PERIOD (I do not think this includes Foulger-Pratt and Argo). Someone there slipped up, and slipped up badly. The whole point of the project was to bring people in; to welcome them to downtown Silver Spring. It may be a privately maintained street, but that doesn’t exclude it from the public domain. That’s like if the Toll Brothers built a housing development and maintained private streets, and then told its residents that they couldn’t take pictures of their own neighborhood.
I’ve taken thousands pictures of places in Montgomery County. Commerical developments, sensitive government facilities, and important infrastructure. I have never ran into trouble with the authority. It is my understanding that the case in the Post was a professional photographer and the story is uncomplete. I have taken pictures of the security guards in the Downtown Silver Spring complex without any objection. I don’t think this is a big issue. Peterson is a fantastic company that must take certain measures to protect its interests so that its property can contribute to the quality of life in Silver Spring. Ellsworth is not a public street and thus the professional photographer does not have a legal right to take a photograph on private property.
Rockviller said:
The matter of who owns or leases the property is irrelevant in court, as is the professional status of the photographer.
What does matter is the expectation of privacy. Even on private property (eg, a shopping mall, sporting arena), photography is permissible because patrons have no (or very little) expectation of privacy in such a public place.
The photographer, whether a pro or amateur, can choose to sell the images or publish them as he/she chooses. (However, if the photo will be used in an ad campaign, the photographer must get a legal release from the property owner and/or subject of the pic.)
Oh God…some people will not this issue go. Maybe Pennster and Penguin will call the American Civil Liberties Union.
The Ellsworth downtown development area is PRIVATE property. You can take all of the camera shots you like. But security has the RIGHT to ask you to cease photo shoots. If you refuse, security can ask you to leave whether you are standing on the sidewalk or on Ellsworth Street itself.
It’s not about the patrons by the way. It’s about the commercial store fronts, building architecture, and sidewalk layout. You could be a retail competitor photographing Borders. You could be a real estate development competitor taking photo shots up and down the Ellsworth Street area. If I were a reprsentative from Peterson Companies, I wouldn’t want that person taking the liberty of making photographs without authorization.
Also…shopping mall owners and stadium/arena owners reserve the right to ask visitors to stop taking photos. Although this right is rarely enforced.
Bottom line: If you plan to take photos in the new downtown SS area, check with Peterson first.
I did some further research, and YuppieHater was right. Private property equals no pics (unless you snap them from a public area). Mea culpa.
However, the Peterson Co. could have handled this issue better. Many of DTSS’s tenants are outposts of big companies (eg, Borders, Chipotle, Ann Taylor Loft, etc). I wouldn’t think that these companies would sweat corporate espionage along Ellsworth Street.
Oh shut the f**k up IHateYuppies. I made one comment (JUST LIKE YOU!, GASP) and was going to leave it at that.
Penguin, on your site you say that the street and plaza are owned by the county. Therefore, taking pictures from it is completely legal.
Oh and by the way Yuppies, we’re saying that the Peterson Cos. made a stupid move and it went public, and now they’re receiving bad publicity. The initial argument wasn’t whether or not it was legal. Having the right to do something is different from actually doing it.
Hopefully a less dumb situation concerning Silver Spring will end up in the news soon.
This is ridiculous. They never told me anything why I took photos at Bethesda Metro Center on a tripod. I am heading out to Downtown Silver Spring this weekend to see what trouble I can find. I hope every one who reads this will meet me on the Turf at noon on Saturday and we will march down Ellsworth and photograph everything in sight. If enough (a dozen or more) of you are willing to show up and put up a show, I have a friend at WTTG and maybe we can get some publicity to get this fascist policy changed, at least the street should be officially public property.
By the way, is the land under the entire Downtown Silver Spring complex ground-leased by the County to Peterson or did they sell it to them outright after acquiring the property through eminent domain? I’d be interested to know. Thanks.
According to the excerpts posted at http://www.freeourstreets.org/category/ellsworth-drive/ , Ellsworth St. still belongs to the County. The County rents it to Peterson at $1 a year (and requires the public use and access easement). I don’t know that that arrangement makes it “private property” in the usual sense.
Skip my previous comments. Apparently someone read my comment yesterday and decided to take credit. I don’t care much if mr. wayan takes credit but in spite I won’t work to get media attention. The new date is July 4th - noon. I will confront them (and Peterson) then.
Sanjay,
My name is Chip Py. I am the photographer that was involved in this issue. I can assure you that we began planning the march down Ellsworth Drive about two days after the incident occured. We think it is a good idea and are happy that great minds think alike. We would love to have you at our demonstration on the fourth.
As for some other comments I would like to clarify that I am not a profesional photographer. None of my income comes from takng picturees.
But the big picture here is the question of where our civil liberties start and end in a public/private development. As a photographer I know my rights as to taking pictures on private propertty vs public property. There were huge amounts of public money spent on this project and how is it that this can be considered “Private Property”. That is the question. That is the issue.
The true American values of the right to petition, assemble and demostrate in our downtown have been sold to the Peterson Co for the meager price of one dollar a year.(regardless of what Peterson told me that day, the people of Montgomery County own that street, it leased to Peterson for one dollar a year)
If you feel srongly about this issue come out and have a peaceful stroll down Ellsworth and snap a few pictures. If you dont feel strongly about this issue that’s ok with me too.
Thank You,
Chip Py
Silver Spring MD