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NJ Transit proposes, then retracts photo ban

Rules for ‘commercial’ photography remain in doubt

Last May, New Jersey Transit Corporation proposed a new rule that would prohibit photography and video recording in and on all property owned by NJ Transit. There would be but few exceptions: If shooting for commercial purposes, the photographer would first have to obtain a “commercial expression contract.” Shooting for non-commercial purposes, the photographer would have to obtain a “Hobbyist Photo Pass/ID Badge.” And working journalists would be generally exempt from the rule, provided they first notified the NJ Transit press office. Only commercial shooters would be allowed to set up tripods or lights or use flash.

(NJ Transit proposed its ban just about the time that New York City police officially abandoned their earlier plans to ban photos on subways. According to the NY Daily News, NYPD officials determined that not having a ban would not hinder the NYPD s efforts to safeguard the city s transit system. Instead, police officers would investigate any suspicious activity, photo-related or not, and intervene if necessary.)

Several trade groups responded with formal objections. The National Press Photographers Association took the lead in organizing the response, working closely with pro bono attorney Kurt A. Wimmer of Covington & Burling in Washington, DC. Other groups that participated included Society for Professional Journalists, Reporters Committee for Freedom of the Press, Radio-Television News Directors Association, New York Press Club, Professional Photographers of America, National Press Club and ASMP. They noted that the ban would violate the First Amendment rights of photojournalists and other photographers; it would not achieve NJ Transit s (presumed) goal of enhancing national security and passenger safety; and it would impair the ability of photojournalists to perform their job effectively.

Partial retreat. NJ Transit has now backed away from its initial proposal. In a letter responding to ASMP’s statements on the matter, George Warrington, NJ Transit’s Executive Director, said that the agency had received “an unusual number of public comments” and would be withdrawing the proposed rule. Wrote Warrington, “Effective immediately, we will return to our historic practice, which enables hobbyists and other non-commercial photographers to take pictures in public areas throughout the NJ Transit system without obtaining permission or providing prior notice. There will also continue to be no restrictions on journalists in public areas of the system.”

However, this statement leaves the status of commercial photography somewhat unclear. Prior to last May, the agency had no restrictions on any kind of photography, except for the safety regulations that applied to everyone. But Warrington’s wording may imply that the agency still hopes to make some kind of distinction, perhaps in order to charge a fee. ASMP is continuing to follow up on this issue.