BREAKING NEWS: Man charged with taking pictures has that charge dropped, but two other charges continue to court at behest of NYPD
A trail enthusiast was arrested and charged with taking photos in the subway, disorderly conduct and blocking the empty platform on Feb. 15. The arrest came to light with NPPA and then appeared in the
New York Times on Feb. 17. Upon further investigation, police dropped the photography charge against Robert Taylor because NYPD officials admitted the officers “misinterpreted the law.” This occurred despite police officials claiming that officers understand the law, and therefore didn’t need to restate it to the rank and file.

Charges of disorderly conduct and blocking the “empty” platform will stand, officials said, despite
public outcry.

We call upon the NYPD to send a memo to police throughout the city reminding them that photography is legal in the subways and in all MTA properties that are open to the public.

Over the past year, NPPA has logged several complaints by mostly rail fans who have been threatened with arrest for taking pictures in the subways. One press photographer was threatened with arrest this past year, so he left without argument. However, 1050.9 of the MTA rules and regulations clearly states that photography by anyone is perfectly legal.

See New York Times story by Pulitzer Prize winning columnist Jim Dwyer at http://www.nytimes.com/2009/02/18/nyregion/18about.html?_r=1

The NPPA will follow up on this story in future editions of www.NPPA2.org

BREAKING NEWS:
Photographer arrested for taking photos at accident
A seasoned spot news photographer was arrested on February 15 after he took photos of an accident scene on McGuiness Blvd in Greenpoint, Brooklyn.

Officers demanded that he stop taking photos at which point, he moved back and waited for the gurney to be brought to the ambulance. A total of six photos were taken, at which point police, by order of a sergeant, handcuffed the photographer and demanded to know how to delete his memory card.

The photographer, whose name is being withheld at this time, complied, but officers arrested him anyway and charged him with disorderly conduct.

The case is pending with the NYPD who is investigating the incident because deleting the card was exercising “prior restraint,” was damaging both evidence and property, and was illegal by virtue of the fact that administrative code dictates to police that officers are not to interfere with news gathering. The officers also failed to follow General Order #1, and that was to inform the precinct commander, duty captain and DCPI. None of the proper procedures were followed in this incident.

Stay tuned for updates on this incident.

Amtrak responds with willingness to work it out.
Other letter tries to justify bad police behavior against photographers
There is a new willingness on the part of Amtrak to work better with photographers while maintaining safe and secure conditions for their millions of daily riders. As the NPPA tries to attain freedom to take photos in our public stations, incidents continue to occur. Including one that happened just days ago in Seattle where a couple were ejected from a train, simply because they took a picture of a sunrise over a train station from their window.

This offer of conciliation by Amtrak is on top of a TV appearance by R2 Director Todd Maisel on the Colbert Report with host Steve Colbert on Comedy Central, which makes fun of Amtrak’s photo “policy” calling Amtrak's photography contest "their most cleverest ruse since their so-called timetable."

http://www.colbertnation.com/the-colbert-report-videos/217341/february-02-2009/nailed--em---amtrak-photographer

The Colbert Report focused on the arrested of photographer and NPPA member Duane Kerzic who was arrested by Amtrak police for merely taking photos on a train platform while he was on waiting for his connecting train. Police officers demanded he delete his photos, and when he refused, he was handcuffed, held for over an hour and then issued a summons for trespassing  when he was a ticketed customer. A day after the Colbert Report, Amtrak made Kerzic a generous settlement offer, subject to a
non disclosure clause.

Amtrak Police general counsel David J. Domzalski said in his most recent letter to NPPA that Amtrak was creating more specific guidelines for its employees and police to help avoid unnecessary incidents with photographers who are both tourists and members of the media. He said he would also seek to avoid any “prior restraint” against the media and strongly recommends that media contact Amtrak before going to stations to take photos or do their news reports.

http://nppa.org/news_and_events/news/2009/02/trains.html

Amtrak counsel previously responded to letters from the NPPA Chief Counsel Mickey H. Osterreicher, Esq., and later the NYPPA, with nothing more than justification for their unconstitutional actions against photographers in public train stations, some photographers have even been arrested for not deleting images taken legally. Despite this response NPPA extended a “proverbial olive branch” to Amtrak, in an effort to work out a deal that will be acceptable to all parties. Amtrak has responded that if negotiations fail, the NPPA will join with other photo organizations to fight Amtrak police who are threatening photographers with arrest for taking pictures in Penn Station.

See nppa website story at http://nppa.org/news_and_events/news/2009/01/amtrak01.html

One photographer was given the choice by Amtrak Police to delete his pictures or be arrested after having taken photos on a public platform in Penn Station recently. A second was arrested, as was one of the two who refused to delete his images. Another photographer was confronted by MTA police who ordered him to delete images, or be arrested. This occurred despite there being no official laws against taking photos in public areas of Penn Station.

One of the three won his case that occurred in February and collected thousands of dollars in compensation in June for his unlawful arrest for criminal trespass. In the most recent incident reported by rail enthusiasts, a photographer and his wife were ejected from a train outside Seattle after train crews told him Homeland Security laws prohibit photography in train stations. Police later detained him and let him go as they had no law to prosecute him with. He was forced to miss his train and stand and wait in a desolate train station.

Because of this earlier victory, we are optimistic that Amtrak and New York City will back off from this illegal “policy” of making laws – similar to that which was tried by the MTA more than two years ago when MTA Corporation Counsel Mary Mahon admitted to the ACLU at our behest that there was no law nor anything in the law that allowed a ban on photography. (CLICK HERE FOR PDF OF LETTERS). New Jersey Transit, which uses Penn Station, also backed off from banning photography on its system after a united outcry led by NPPA. (CLICK HERE FOR PDF LETTER)

http://www.amtrak.com/servlet/ContentServer?pagename=Amtrak/am2Copy/News_Release_
Page&c=am2Copy&cid=1093554048391

Incidents must be questioned
In February, 2008, a photographer was arrested for taking photos in Penn Station. He settled with Amtrak and the city for $8K after his arrest was found to be illegal. See last month for details on this and other stories related to this issue.

http://acm.jhu.edu/~sthurmovik/Railpics/08-04-19_FORBIDEN_SIGNALS/-Thumbnails.html

Stay tuned for further actions from NPPA and other organizations that will unite against this Amtrak “policy.” We believe Amtrak will come to their senses, but you never know.

ELECTIONS!
Thank you from your Director and AD


Region 2 Director Todd Maisel and Associate Director Mark Dye were elected to another term
to represent our region.

Unfortunately, very few people voted in this election and we regret that so few region 2 members exercised their right to vote.

Maisel will continue his work with NPPA, in conjunction with his duties as an officer NYPPA.
He is staff at the New York Daily News. Dye is currently working as a full-time freelance photojournalist in the greater NYC area and is also a member of the New York Press Photographers Association.

R2 Director leads tour for Indonesians at News
Four Indonesian participants in the U.S. Department of State's International Visitor Program were hosted by R2 Director Todd Maisel for a tour of the New York Daily News recently. They are accompanied by two State Dept. contract interpreters, Mr. Josi Katoppo and Ms. Sih Cornelison.

The visitors were journalists representing both print and electronic media.  Their U.S. tour provided opportunities to meet their professional counterparts and others to discuss journalistic practices, press freedom issues and, in particular, the elements of investigative journalism.  One of the participants, Ms. Linova Rifianty, is a respected photo journalist who would benefit - along with her colleagues - from meeting her American professional counterparts (particularly women)  for an informal exchange.
 
Maisel conducted the tour of the Daily News operations this past month, showing them the photo departments, city desk, archiving ops, studios and other vital parts of the newspaper. They were also offered any assistance necessary from him and the NPPA while they stayed in New York City and the United States.

Bill Gold, Program Officer of the United States Department of State, Office of International Visitors, offered his thanks and said he would reach out to the NPPA for future visiting journalists to share their views on freedom of the press and news operations.

Ticket for parking on Cadman Plaza dismissed
Post Photog towed off sidewalk during assignment
New York Post photographer Paul Martinka reported that he won his summons against the city after his vehicle was towed from Cadman Plaza on the sidewalk where other press vehicles were parked during the arraignment of three cops for alleged sodomy charges.

Martinka was towed in December and others were ticketed. When DCPI was informed of the towing, they ceased further towing.

Martinka had to get his car out of the Navy Yard tow pound, costing him $185. The Post paid the bill, but Martinka still had to fight the summons. After winning the summons, he was reimbursed by the city for the towing fee.The reason he beat the ticket was because of the letter we provided to him that was written by
a Parks Department inspector who said the press can park on Cadman Plaza when no other parking was available. This agreement occurred so that media did not have to park inside the park to cover events.
An NYP zone of three spaces is always taken up and another one on Jay Street is also always taken by vehicles other than NYP plates.

UPDATE: Photographer Dembow wins lawsuit With city on false arrest with
other photographer
Former New York Post Photojournalist Rick Dembow was successful in his lawsuit against the City of New York and the NYPD. The City of New York agreed to pay Rick Dembow the sum of $45,000 to drop his lawsuit prior to the beginning of the January 12th trial. The suit stemmed from claims by the well known photographer that two New York City police officers were negligent in their duties causing a permanent injury, false arrest, first amendment rights violations and numerous other charges.

Rick Dembow who has 20 years experience on the job with the NY Post and the NY Daily News responded to a routine hit and run incident on a city street in June 2004. The veteran news photographer was attempting to photograph the driver of the vehicle and the victim at the scene.

He noticed news photographer Peter Foley being arrested a short distance away for taking pictures of the same accident scene. As Rick Dembow attempted to photograph the arrest of Peter Foley, an officer was instructed to arrest and handcuff Dembow. This arrest resulted in an emergency room treatment and injury to Dembow due to the inappropriate actions of the officers involved.

Additionally, New York State Workers Compensation Judge Nance Kaplan ruled that the York Post must pay the photographer $20,000 in lost wages due to the assignment injury. The Post initially protested the compensation claiming the photojournalist was a freelancer and not entitled to any benefits. News Corp. sent Photo Editor David Boyle to testify against any compensation, but Judge Kaplan ruled against the Post. “This is a great day for all the working press photographers and videographers in the city. Any credentialed photographer that is threatened, falsely arrested, deprived of their first amendment rights or injured while on assignment, has every legal right to initiate a lawsuit against the NYPD,” he said.

Some officers on the street do not adhere to the strict guidelines as laid out in the Patrolman’s Guide, to proper procedure for media incidents. Despite numerous memorandums from the Police Commissioner and the Deputy Commissioner of Public Information notifying the rank and file not to obstruct news photographers while on a news assignment, the guidelines are sometimes ignored or unknown to officers. "Most photojournalists who have had their rights abused by the NYPD rarely seek legal advice, more than likely due to an unfounded fear that it’s pointless in fighting the system" Dembow said.

“Ultimately it doesn’t matter what fabricated excuse the NYPD uses to interfere with a photographers news gathering rights. It only matters what a jury of your peers feels is just and the reality is, there are not very many reasons at all a police officer has to legally arrest, detain, obstruct, injure or threaten a working press photographer that is not trespassing on his, or her assignment,” Dembow said.

Currently Rick Dembow is the president of Tabloid City Picture Agency, an international celebrity photo agency he formed eight years ago servicing the tabloid industry. If you’re a credentialed photographer and would like any advice on initiating a claim against the NYPD, or your newspaper for lost wages due to an incident or injury while on assignment, feel free to contact Rick Dembow at photo@tabloidcity.com

Hal Weiner, long time NPPA member Recovers from heart surgery at NYU
Hal Weiner is recovering from surgery for replacement of the aortic valve, on the Jan. 20th at NYU Medical Center in Manhattan. He is said to be recovering well, but he is having gastric issues and is expected to remain in the hospital for a while longer. You may email him at halweiner@nyc.rr.com Hal is still recovering as of this writing at NYU. Unfortunately, with heart issues, sometimes comes other problems that pop up to complicate recovery. We are with you Hal.

Newsday firings, buyouts – a letter
Newsday had 20 photographers.  They were all told they could take "Voluntary Separations" OR if they didn't they would be fired.  There were medical benefits offered to those who took the "voluntary separation," so that made it the "best" of two evils.  Newsday announced that they could all apply for a "few" positions as "Visual Journalists."  This is a bogus argument because all the photographers have been shooting stills and video for the past three years.  Newsday has been training photographers in video for that long - it was good training by great people, because they realized the importance of video years ago. AND their video was credited on the web as "Visual Journalist (insert name of photographer)."    

They also said there would be a couple of "assistant editor" positions which the photographers could also apply for. There would be no seniority involved in who was chosen.  Clearly this process was about doing an end-run about seniority in the photo department - all other buyouts in the past were by seniority -
the newest hires would go first, if older photographers didn't take enough of
the buyouts.

The union raised complaints about the process, and so Newsday compromised a bit: The "video Journalists" were hired by seniority, but the assistant editors would not be.  So they changed their minds, and only hired TWO video journalists, and then hired FIVE assistant editors.  So they got to keep 5 of the younger photographers and only two of the older ones, thus winning on the seniority issue.

About 6 months ago, Sam Zell sold Newsday to Cablevision and as with past Cablevision acquisitions, revamping of the paper was deemed necessary. For the sake of accuracy, Newsday was sold by Sam Zell to Cablevision about 6 months or more ago, and it was Cablevision who did all this.

Bottom line is, 13 photographers were fired, and 7 got to stay, in different capacities. For the record,
I worked there for 41 years before taking the last buyout last March.

Ken Spencer
Retired, Newsday

Calendar Items
J&R is your source for cameras, computers and entertainment
You’ve got to be crazy not to take advantage of your NPPA discount at J&R. Call J&R Corporate department to find out how.

See schedule of events: And take advantage of President’s Weekend specials on great camera gear and get your NPPA discount.  

Spike Lee will be signing autographs of his latest film Miracle at St. Anna Friday February 13th at 7:00 pm

Miracle at St. Anna DVD $17.99
Blu-ray $24.99

As a writer-director, producer, author and educator, SPIKE LEE (Director/Producer) has revolutionized the role of black talent in cinema. He is a forerunner in the do-it-yourself school of independent film. Lee’s most recent work, “When The Levees Broke,” a groundbreaking documentary focusing on the plight of Americans stranded in New Orleans after hurricane Katrina, has garnered rave critical review and is considered by many to be the definitive account of that catastrophic event.

In 2006, Lee premiered his 19th feature film “Inside Man,” receiving acclaim from critic and audiences alike. His recent critical and box-office successes have also included such films as “She Hate Me,” “25th Hour,” “The Original Kings of Comedy,” “Bamboozled” and “Summer of Sam.” Lee’s films “Girl 6,” “Get on the Bus,” “Do the Right Thing” and“Clockers” display his ability to showcase a series of outspoken and provocative sociopolitical critiques that challenge cultural assumptions not only about race, but also class and gender identity.

His debut film, the independently produced comedy “She’s Gotta Have It,” earned him the Prix de Jeunesse Award at the Cannes Film festival in 1986 and set him at the forefront of the Black New Wave in American Cinema. His second feature, the hit “School Daze,” helped to launch the careers of several young black actors. Lee’s timely 1989 film “Do the Right Thing” garnered an Academy Award® nomination for Best Original Screenplay and Best Film and Director awards from the Los Angeles Film Critics Association. Lee’s “Jungle Fever,” “Mo’ Better Blues,” “Clockers” and “Crooklyn” were also critically well received.

DON’T FORGET, GET YOUR NPPA DISCOUNT FROM J&R.
www.jr.com

Northern Short Course Thursday, March 19 - Saturday, March 21, 2009
Join us at the Hilton in McLean VA
Please join us for this year’s Northern Short Course in McLean, Virginia this year. If you want a ride, call Todd Maisel at 646-872-5374 or email at toddphoto@aol.com.

No longer are you safe with your current skills, as the industry continues to change and morph
into multi media. NSC gives you those vital skills and network with those who will help you
be successful.

Those who are short funds should start looking for partners to share a room at the Hilton or share a ride to Virginia with Todd Maisel or someone else. We will help you to find partners if you like.
Just let us know.

Both NPPA Region 2 Director Todd Maisel and AD Mark Dye will be driving to the NSC and invite anyone who needs a ride to contact us asap for the free ride out of New York and New Jersey. toddphoto@aol.com

There will be a huge emphasis on multi media and improving skills that photographers already possess. Meet the successful visual journalists in our business who will help you make your chosen profession a financial and journalistic success. Don’t forget also to enter the NSC photo contest
(see contests below). Remember there are the great parties that will last well into the evening.
NSC parties are the best – just look at last year’s event on nppa2.org.

Go to www.northernshortcourse.com

EDDIE ADAMS: VIETNAM Thursday, March 5, 2009
Opening Reception and Book Launch
Alyssa Adams and Umbrage Gallery will be hosting the opening the first book ever published on the work of Eddie Adams. Opening Reception and book launch with Alyssa Adams and friends. 

The opening is on Thursday, March 5, 6-9 p.m. The Umbrage Gallery is located at 111 Front Street, 2nd floor in Dumbo. The gallery opening will highlight the new book, “EDDIE ADAMS: VIETNAM,” by Alyssa Adams with a narrative by Hal Buell. The photos are now on display at the gallery.

FDNY Photo Unit Exhibit to Open at St. John's University Queens Campus
St. John’s University’s Dr. M. T. Geoffrey Yeh Art Gallery will feature “Official FDNY Photograph, Images from the FDNY Photo Unit,” on exhibit January 27 - March 7, 2009, on the University’s Queens Campus.

Photo Contests
While most contest deadlines have passed, here are a few that are left:

Northern Short Course 2009 Contest Still Photography and Multimedia
The Northern Short Course board announced the 2009 NSC contest is open for submissions.  
The long-standing contest is now digital, making it easier than ever to enter.  

Also new this year is the addition of two multimedia categories, Individual Multimedia and Team Multimedia.  New still categories this year include Campaign 2008 and Olympics. Enter now for your chance to be named the Northern Short Course Photographer of the year! ***This contest is only open to members of Regions 1, 2 and 3. 

http://www.nppa.org/professional_development/workshops_and_seminars/northern_ short_course/2009/rules.html

For questions or problems entering online please contact NPPA webmaster Stephen Sample at ssample@nppa. org For questions regarding rules and eligibility please contact contest co-chair
Tom Kelly IV at phototaker21@aol.com

Communication Arts competition - Deadline Friday, March 6, 2009
Categories for this photo contest include advertising, books, multi media, editorial work produced for sale, institutional, self promotion and unpublished works. The contest is sponsored by Communications Arts Photography. If selected, awarding winning work will be reproduced in the 2009 Photography Annual and on the Communication Arts website, assuring a prominent place on the industry’s premier stage. www.commarts.com/competitions

New “New Yorker" Photo Competition
Judson Memorial Church invites all photographers, amateur and professional, to participate in a competition that captures the modern immigrant experience in the New York City area. Subject matter should feature scenes relating to the everyday lives of individuals who have recently relocated to New York from another country.

The competition is designed to create a greater awareness and appreciation of the experiences, challenges, and opportunities facing New York's new residents. http://www.judson.org

There is no entry fee. If sending physical copies address correspondence to Judson Memorial Church, Photo Contest, 55 Washington Square South, New York, NY 10012.