ACLU Threatens To Sue MBTA
The American Civil Liberties Union of Massachusetts has threatened to sue the MBTA over its unwritten policy limiting photographs on T property, saying the practice is a violation of the First Amendment and state constitution.
“We fully understand and support reasonable efforts by the MBTA to address concerns about criminal and terrorist activity,” wrote John Reinstein , legal director of the ACLU of Massachusetts, in a letter sent Friday to MBTA Transit Police Chief Joseph C. Carter . “We respectfully submit, however, that prohibiting photographs of or on transportation vehicles in full view of the public is neither reasonable nor necessary.”
He said the ACLU of Massachusetts will sue the Massachusetts Bay Transportation Authority if the issue remains unresolved. Reinstein said he sent the letter to Carter after being approached by several amateur photographers who said they had recently been prohibited from taking photographs of the T from public property or while lawfully traveling on the system.
“There’s absolutely no rationality to it,” Reinstein said in an interview yesterday. “It’s generally an unwritten rule about what’s allowable and what’s not.”
Attorney Jonathan M. Albano, who represents The Boston Globe, also signed the letter to Carter.
MBTA officials acknowledge that the T has no written policy on photography on the T system. Spokesman Joe Pesaturo said the agency handles those issues on a case-by-case basis. Tourists generally are allowed to photograph family members in key transit spots , he said .
However, Pesaturo said T police are allowed to question photographers and, if necessary, ask them to stop taking pictures.
Pesaturo said the T has made no arrests of photographers who have not abided by the restriction, which officials said has been around for at least a decade.
The T also issues photography permits, which are good for about a month and given to journalists or hobbyists working on long-term projects.
MBTA General Manager Daniel A. Grabauskas said the ACLU letter was “insulting and naive” to the T’s security concerns, citing the terrorist bombings in London and Madrid as examples of the agency’s need to be vigilant.
“We need to consider ourselves as prime targets for terrorism,” he said. “One of the things that has been abundantly clear in all of these attacks is that the terrorists have been meticulous . . . and cased the joint in just about every case.”
Similar photography limits are in place at other transit agencies, officials said.
Hat tip to Matt Margolis at Hub Politics who does just fine summing this up.
This threat by the ACLU is absolutely ridiculous, and is yet another example of how twisted the ACLU is. They want wiretapping of terrorists to stop, arguing it is a violation of privacy rights, and now, they are taking a position that arguably puts privacy (and security) at risk. Seems to me that the only constant objective they have is to undermine our security.
Well said.
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Posted by Jay on June 13, 2006 8:23 pm
» Filed Under ACLU, News, War On Terror
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I hope the ACLU has a better case than I just heard because a lawyer offering that one should be disbarred for incompetence.