2009 Archives
January Headlines
January Articles
Photographer, Rick Dembow begins trial and lawsuit against
City of New York and NYPD
Former New York Post Photographer Rick Dembow will begin his trial and lawsuit against the City of New York and the New York Police Department on January 12, 2009 at the Manhattan Supreme Court. The suit names the city and police in causing a permanent injury, assault, false arrest, first amendment rights violations, improper supervision of officers in the field and numerous other charges. Additionally the suit seeks an unspecified amount of damages.
The well known news photographer with 20 years 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 when he noticed news photographer Peter Foley was 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.
Shortly afterwards Rick Dembow sustained an asthma attack in the back seat of a police car where the windows had been rolled up despite the outside heat, as well as injuries to his wrist from overly tightened handcuffs behind his back. The news photographer was taken to a 19th precinct holding cell and then by ambulance to a local hospital for treatment of an asthma attack, where he was left handuffed to a hospital bed.
“If I am successful in my suit and I’m very confident I will be, this will open the door for every
press photographer and network videographer in New York City to legally challenge the city and police department each and every time a member of the news media is threatened, arrested,
or injured while on the job. It’s time the police department is challenged with their responsibility
in protecting our safety and our rights, while conducting our news gathering endeavors on public streets with the proper credentials. For additional information please contact Rubenstein and Rynecki at 718-522-1020.
William J. "Sandy" Colton, 83, R2 and life member
BLEECKER, NY (December 26, 2008) – NPPA Life Member William J. "Sandy" Colton, a writer and photographer and historian who was the former photography editor of the Washington Star during the years of Presidents Kennedy and Johnson, and later an editor for the Associated Press, who was a correspondent for Stars & Stripes during the Korean War, died Christmas Day at his dream home in upstate New York, a log cabin he built with his wife and friends.
See NPPA website http://nppa.org/news_and_events/news/2008/12/colton.html
Amtrak cops threaten arrest if you don’t delete your pictures
One who was arrested - sued and got thousand
The NPPA will join with other photo organizations to fight against Amtrak police who are threatening photographers with arrest for taking pictures in Penn Station.
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 in Penn Station who ordered him to delete images, or be arrested. This occurred despite there being no law 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. 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)
Cliff Cole, spokesman for Amtrak refused to comment on any of the incidents that have occurred, but he said Amtrak has a “policy” whose rules do exist. However, when asked to send them to us, he said they were not in any written form that he could send to us. He said “policy” states that those riding the trains and having a ticket can take amateur photos. He said photos can be taken on the trains as long as it doesn’t obstruct the safe operation of the trains as prescribed by the conductor.
Cole stated that press photographers, professional and commercial photographers ”MUST” first contact Amtrak before taking photos.
Mickey H. Osterreicher, Esq., chief counsel to the NPPA said, “I will be very interested to see their written policy but whatever that may be it is not a statute or rule, which must be done through the legislative or administrative process (respectively). That clearly has not been done.”
We regard the continuing actions by some in government against photography in our transit systems as pure paranoia – and we urge our members to cooperate completely and show respect to authorities who in most cases, mean well and are only acting in a misguided effort to safeguard both the public and themselves from terrorism.
We will oppose any efforts to ban photography in our transit systems or harass photographers from doing their jobs or just fulfilling their past times in any public place.
In this case, it is ironic that Amtrak holds a photo contest each year that encourages both riders and hobbyists to take photos of their transit systems and trains. To see the contest, please go to: http://www.amtrak.com/servlet/ContentServer?pagename=Amtrak/am2Copy/News_Release_Page
&c=am2Copy&cid=1093554048391
A photographer went into Penn Station, looking like a tourist, using a point and shoot camera and got good images and no one stopped her, except to say hi and ask if she needed any help. Might be worthwhile to keep a point and shoot handy just to get your job done!!!
Incidents must be questioned (and put in writing)
In the first instance, Michael Bortzman who lives just outside of Philadelphia, had come into Penn Station on a layover on his way to Massachusettes. He made the mistake of deciding to take photos of the train on the platform. Bortzman was on a lay-over in Penn Station and killing time, so he decided to do the unthinkable – take pictures. This terrible threat horror to public safety attracted the attention of Amtrak Police who threatened to arrest him if he didn’t delete his images.
The Officers said a train employee said he was on the tracks. But the employee then told officers that he did not see him on the tracks, only leaning over the edge. Bortzman told the officers he
was not leaning over and they could look at his pictures. The officer handcuffed Bortzman and confiscated his camera and charged him with criminal trespass despite him awaiting his train,
which he then missed.
It took him months to get the camera back which was “held as evidence.” The Amtak cops destroyed the security tapes, despite his efforts to get them. When Bortzman went to court on a criminal trespass charge, it was dismissed. Bortzman sued and got his camera back in addition to $2,000 from Amtrak, $1,000 in Amtrak vouchers and $2,000 from New York City for not dismissing the charges sooner.
See his site at
http://acm.jhu.edu/~sthurmovik/Railpics/08-04-19_FORBIDDEN_SIGNALS/-Thumbnails.html
In the most recent case, Duane P. Kerzic of New Brunswick and a member of NPPA, was approached by Amtrak Officers Smith and Rusbarsky – one with a dog and the other with handcuffs. Kerzic (www.duanek.name ) refused because he did nothing wrong. The officers then arrested and handcuffed Kerzic and charged him – not with the unspeakable crime of photography in a public place, no, but criminal trespass – in a public train terminal – for which he had a ticket. Needless to say, Kerzic is going to sue Amtrak.
Bennett Sell-Kline, was visiting from San Francisco in Penn Station when while changing trains, he was confronted by MTA police who ordered him to delete his photos, or be arrested. He thought quickly and pretended to erase his images rather than face arrest in a strange city.
We intend to fight these so called “policies” as nothing more than what the MTA did in 2006 when they couldn’t pass regulations to stop photography. Amtrak would turn photojournalists into criminals for no other reason than that they are professionals taking pictures – probably to cover themselves from liability.
Penn Station is a public train station and our position is that like other public facilities, freedom to take pictures should be preserved. We do not oppose officers asking questions and being respectfully questioning of photographers. But they have no right to say we cannot take photos and we will defend our rights to do so.
In the event you are arrested, please have your bust card recommendations ready CLICK HERE FOR COPY. Be courteous and remain silent. You are urged to make a voice recording of all conversations to protect yourself and to FOIA any security videos from the station early as tapes are erased 17 days after they are made.
Stay tuned for further actions from NPPA and other organizations will hopefully unite against this Amtrak “policy.”
Press being towed from Cadman Plaza despite city, feds giving permission
It would be nice if the city and feds were on the same page for parking at the Brooklyn Federal Court. On the day that three cops were being arraigned on charges of sodomizing a man in a Brooklyn subway station, Internal Affairs decides to tow our vehicles from Cadman Plaza, despite having permission from the Parks Department and US Marshal’s office to park on the sidewalk in
the park.
A letter from the city’s Parks Department, from Inspector Reed of the Park Enforcement Patrol (PEP), and distributed to members of the media, allows us to park on the sidewalk on Tillary Street adjacent to Cadman Plaza Park. Previously, media parked inside the park, much to the dismay of Park officials. A compromise was reached as there is no other available parking because the Feds closed off all parking, including for members of the court, in front of the courthouse. In addition, an NYP zone on Adams Street has only three spaces, and is usually filled by federal employees.
The Brooklyn Federal Courthouse is usually the site of some of the biggest cases in the region. Calls to DCPI and Commissioner Ray Kelly’s office temporarily stopped the towing, but police were at it again days later. Therefore, we caution all photographers to try to find alternative parking, except when major cases are ongoing, and then, make sure you are blocked in by live trucks who tow drivers are much more reluctant to take.
For a copy of the letter, CLICK HERE. We don’t yet know if the letter will carry validity in the court, but we believe it will.
In the meantime, we are seeking additional NYP parking zones, hopefully to be set up along Tillary Street where concrete barriers currently sit to restrict vehicles from coming close to the courthouse.
ELECTIONS - USE YOUR VOTE TO SHOW SUPPORT
While there is no competition for the Region 2 Director Todd Maisel in this election, we urge you to vote for the associate director - either current Associate Director Mark Dye or William Cannon.
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. Cannon is currently the Multimedia Editor at the mid-sized Observer-Dispatch newspaper in upstate Utica, New York. He oversees the multimedia staff and coordinates the overall editorial content of our various online endeavors. He also serves on our corporate Ethics and Video Training committees.
Why cast your ballot? Your vote will help determine the direction of this organization and you may show your support for your current regional director. To cast your votes or see more on the candidates, go to http://nppa.org/news_and_events/news/2008/12/elect.html
Laptop travel can be easier with the right bag
If you travel with your laptop, your journey has just gotten a little bit easier with the introduction of Pathfinder’s computer bag that will allow you to pass through TSA screening without removing the computer and placing it in a bin by itself.
Three companies were racing to get similar bags out to the public after TSA changed the screening process in August for approved computer bags. Solo introduced the CheckFast bag, Targus announced its Zip-Thru Corporate Traveler laptop case but Pathfinder got their Checkpoint Friendly CompuBrief out first. We tried one of their bags on four recent security screenings on trips out of New York to Louisville and Atlanta.
Loaded with a laptop, external hard drive, digital audio recorder, I-pods, small digital camera, a card reader, cables, flash drives, and a bunch of paperwork, I approached screening relatively sure that security personnel would question the computer remaining in the bag. I opened the bag, sent it through x-ray and re-zipped it with no hassle, no problem and no delay. This was successfully repeated on my next three trips.
Pathfinder’s bag is made from a heavy duty, exceedingly durable black ballistic nylon and offers open, zippered and Velcro pouches divided into three compartments to organize your traveling mess. It’s priced around $150.00 and is available at Staples.
Canon says some counterfeit Batteries can hurt equipment
It has been confirmed that counterfeit Canon lithium-ion batteries and chargers for Canon digital cameras and digital video camcorders are in circulation. In addition, it has been reported that counterfeit batteries have been considered the cause of some battery ruptures.
In many cases, counterfeit batteries and chargers are not equipped with protective devices required to meet international quality standards. Therefore, when these batteries or chargers are used or charged, they can cause abnormal heat or leakage, ignition, rupture and other malfunctions in the batteries, chargers, and digital cameras and video camcorders. There is concern that, in the worst case, not only could digital cameras and digital video camcorders be damaged, but fire, burns, blindness and other severe accidents could occur. Thus, to ensure customer safety, we urge our customers not to use counterfeit devices.
Please be advised that Canon is not responsible, and will not be liable, for any malfunctions, damages or injuries caused by non-Canon genuine lithium-ion batteries and/or battery chargers including, without limitation, counterfeit devices.
Recently, both in Japan and overseas, counterfeits of Canon's genuine lithium-ion battery packs and chargers have been frequently offered for sale on the Internet. Accordingly, please use caution when purchasing Canon lithium-ion battery packs and chargers on the Internet to ensure that they are genuine Canon brand.
Canon's genuine lithium-ion batteries have security labels on their packaging that identify them as genuine Canon products. When purchasing battery packs, please refer to this information.
NY POST’s Gary Miller presented NYABJ 2009 Lifetime Achievement Award
Gary Anthony Ramsay, President of the New York Association of Black Journalists announced that Gary Miller, photographer from the New York Post will receive the 2009 Lifetime Achievement Award in Photography.
Every year NYABJ honors journalists for their outstanding coverage of issues regarding communities of color; here in NewYork and around the world. We also recognize the lifetime achievements of those who have paved the way for others, set an example of excellence in their lives and perhaps sacrificed some part of themselves to do it.
Miller will receive his award on Wednesday, February 25th in the Low Library Rotunda at 6pm. Other honorees that night will include The Network Journal, Columbia University's June Cross and Community Service recipient Tawana Tibbs.
NYABJ is a volunteer organization of more than 500 journalists and associates who are committed to diversity in journalism and to the community. NYABJ also provides several scholarships to help some of those young people pursue their college education. www.nyabj.org
Photo Briefs
Hoy is gone
We regret to tell you that yet another paper has failed. The Spanish language newspaper Hoy, closed its doors and will operate only on the web.
Newsday lays off photogs
Numerous photographers lost their jobs this month at Long Island Newsday. It is pitiful that financiers such as Sam Zell have helped hasten the destruction of the news business as we know it with leverage buyouts that have damaged us all. A few survived the layoffs because they worked to expand their skills through learning, classes, and attending things like the Northern Short Course and Multimedia Immersions sponsored by NSC.
Calendar Items
J&R New Years Sale
Entire block on sale for our great New Year's Celebration through January 5th.
Log on to JR.com to download valuable $15.00 savings coupon. See store for details.
Open New Year's Day 10:30-6:30 p.m.