Amateur Photographers Facing Unfair Discrimination From Law Enforcement?
May 6, 2015
Tiffany Mueller
Tiffany Mueller is a photographer and content strategist based in Hawi, Hawaii. Her work has been shared by top publications like The New York Times, Adobe, and others.
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Just days after a man was tased in Hawaii Volcanoes National Park for illegally operating a drone, photographer Jason Lanier, has shared his personal experience with park rangers and law enforcement, which he describes as discrimination. On his Youtube channel, Lanier shared a 7-minute long clip of two separate interactions he had with law enforcement while on a non-paying shoot with a local photography club.
Take a look:
In my personal experience, park rangers working for the National Park Service (USA), have been some of the most kind, understanding, and, dare I say, helpful members of law enforcement I’ve come across. In the case of the Volcanoes incident, I side with the park ranger–wholly. I visit and photograph that specific park on a near weekly basis and have grown to know many of the rangers on a personal basis during my excursions there.
It’s apparent my experience differs greatly from others such as Lanier; however, despite having a “professional” setup (tripods, sliders, motion control, multiple DSLR’s), never once have I had a negative interaction with any NPS employee. In many cases, they’ve actually helped me out by offering up some especially scenic, off-the-beaten path shooting recommendations. In trade, I make an effort to build a relationship with the parks I visit, especially the one’s I frequent. They share my photos on their social media, bringing traffic to my website. I’ve allowed them to use one of my photos of Papakolea Beach at South Point on NPS.gov (and try not to complain too much to them that it’s inaccurately credited). For me, it’s been a give and get back relationship.
To that end, I also recognize that a lot of my good luck was just that–luck. In Lanier’s video, the first interaction shown came to me as a surprise and I find the officer’s unwillingness to listen and understand what was actually happening completely inexcusable. In Lanier’s blog post on the incidents, he makes several valid points. One of the most potent being:
If anything, I would hope this trend of photographer discrimination opens up a civilized discussion between photographers and park officials. It’s easy to see the stories solely from the perspective of the side in which you are most closely associated with. As photographers who typically geek out when they see a bunch of expensive lights and photo gear, we may not recognize how setting up a mobile studio affects other non-photographer park visitors. On the other side of things, park rangers may not understand the difference between an amateur photographer, an individual professional photographer, or a huge film crew, whether it be from honest ignorance of the subject or an unwillingness to learn.
In no way am I defending the actions of law enforcement officials who are clearly abusing their power–there will always be that one jerk who you’ll never be able to get through to. But, when you’re out there shooting, engage with the park rangers. Spark up a friendly conversation with them, let them know what you’re up to so they are not forced to make an assumption about what your intentions are. Ask them for some of their favorite spots. In most cases, I think you’ll find they are more than willing to help, and you may even be able to teach one another to have just a little more compassion for each other’s line of work. It’s a two way road, and though it may seem to be a little too idealistic, it has worked 100% of the time for me thus far.
[ via Jason Lanier ]
Tiffany Mueller
Tiffany Mueller is a photographer and content strategist based in Hawi, Hawaii. Her work has been shared by top publications like The New York Times, Adobe, and others.
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17 responses to “Amateur Photographers Facing Unfair Discrimination From Law Enforcement?”
Thanks for sharing this video. I’ve encountered this a few times and after a number of years I’ve become familiar with some parks and locations that never bother me.
Excellent video. This is happening way too much.
so much for land of the free.
This is not discrimination it is a jerk who wants to provoke a conflict. In all likelihood he understood completely the rules he was in violation of and his only regret is not provoking a bigger response. Once a photo shoot incorporates large off camera light sources, what appears to be a professional model and a flock of assistants/club members a permit becomes a requirement (for NPS facilities). This not about discriminating against photographers, it is about public access and safety. Large photo shoots, with the # of people and amount of equipment in the video WILL harm the park for the public overall. Exceptions, like those requested in the video should not be allowed as they destroy the process
you are an ass, or a troll, choose your preference…
Second, He is not an amateur ( nevermind the amateurish and over HDR images he produces) , he holds workshops that are paid probably, so it is somewhat commercial shooting, but either way fees for commercial shooting are to high (im not in US or ever been but i suspect ), so workshops on public spaces and on location could never be executed ever by any photographer ever… as it is said you can have YOGA class wherever and an off camera flash is a NO. FUCK THE POLICE!!!
Wow, Draganache D, you really have it bad for the Police. Leo is 100% right in what he says. The gentleman in question IS a professional photographer (check out his website) and people PAY to go to these “camera club events” with him. No matter what he says, he is getting paid to do these shoots, so he should pay the fees involved.
As for saying, “Fuck the police” – that just proves that YOU are the ass or troll in this conversation. And since you don’t live in the US, you should have no say in what happens here.
To be clear, the guy in Hawaii was NOT tased for flying an illegal drone, he was tased for being a jerk. (Yes, technically it was for noncompliance and endangering others but ultimately it all comes down to his behavior in the situation, nothing more.)
I wasn’t aware that being a jerk was illegal. If that’s the charge I’ll bet he walks free.
I do agree that there is a problem with some places “shutting you down” at the sight of professional equipment. People might ignore a $5000 DSLR but quickly go after you the minute you set up a $10 umbrella and a $50 speedlight because it looks “professional”
With that said though.. this guy is travelling with a group of people, to a large city that does work with a lot of production companies, expensive gear and a model. With that said, the guy does do workshops (Through “Meetup” (which he references in the video.. and happens to do them in San Francisco)) at a cost of $499 per person. With him travelling around with a group of people and drawing attention (it’s hard to get a good idea of what exactly is happening due to the way it was cut).
http://jasonlanierworkshops.com/register/upcoming-workshops/shooting-posing-and-lighting-workshops/san-francisco/
With this taking place in February.. “a couple months ago”.. through Meetup (which he mentions to the ranger) and at a cost of $499.. I don’t think this is a “local camera club” thing.
I think the ranger is totally right! and next time i go to shoot some commercial or client photography in places where it isn’t allowed to do a professional Shoot…i can also claim and say….wait…oh no,no ….my whole crew is just a photography club or meet up of some people who are interested in photography…. if this would work…i can save a lot of Money..Paying for some locations to do a professional shooting there…. and could easily acess to some areas where i am allowed as a tourist…but not as an professional Photographer…life for me would be soooo much easier with that kind of lie…. and second point….Professionals also use the same Equipment as the Photographer in this video…so who can tell if he’s a Professional or not?! especially people did not know very much about Photography….
I completely agree with the Park Rangers during these interactions. It appeared to be a model shoot, and they have no way of knowing that it isn’t for pay. You can SAY anything, but unless you can PROVE that it is a non-paying, non-commercial enterprise, when you have a lot of equipment, models, etc., then it APPEARS to be more than “just a camera club”.
Just wondering.. How would you PROVE that the photo session is non-paying, non commercial? Appearance should not come into play in this at all. If they are concerned about pros then one possible solution is to give the rangers a list of forbidden equipment by make and model and max number in the party.
Leaving it up to a person who may think anything more than a iPhone is a paying, commercial enterprise is not a plan nor should it be acceptable.
I really tried to give the photographer the benefit-of-the-doubt but after watching the video clip three times it became crystal clear that this guy’s (the photographer) only concern is what is in his best interests. He is a grand-stander and makes all other amateur and commercial photographers that follow in his carnage look bad in the process. What I observed was a person who is not standing up for photographer’s rights but a Con Man in photographer’s clothing who is being argumentative just for the sake of doing so. It would seem that he not only gets personal pleasure out of conflict but thrives on it as well. This is someone who goes by the theory It is easier to ask for forgiveness than to ask for permission.
Sylvia Raczynkowski
This guy was operating a DRONE in violation of rules in a National Park .. much different than a photographer taking photos on public land ………
I’ve been an amateur photographer for 40 years and never had problems taking photographs in parks. This guy offers workshops and is acting/looking like a professional – I wouldn’t accept his word that he’s an amateur.
Unrelated to photography I am the President of an all volunteer non-profit that organizes events held in a public park in the Los Angeles area – we pay the city fees for using the park. We are regularly interrupted by people wanting to film/photograph in the park in a manner that I would regard as professional who don’t have a permit but it’s for their own use/to put on YouTube. We always explain the rules to them, ask them not to interfere with our event and tell them they are at their own risk of being caught by park police. They inevitably move elsewhere in the park and do whatever they were going to do.
The division between amateur and professional is very blurred these days but if I’m shooting in a public place and using off camera equipment I’m imposing myself and my equipment into the environment and to a bystander I look like a professional and I must expect to be treated like one. Part of the reason for permits isn’t just fee collection but also to control the times when events that potentially impact other park users take place.
Lie to the rangers all you want, you’re leading a workshop and think you can get away with it by calling it a “meetup group” while getting paid for it. “Simple pictures” don’t require models, a light stand/strobe/modifier (even if it is just one light). You’re doing your workshop attendees a disservice for not going through proper channels to ensure a properly lead workshop. You’re taking their money while assuring them locations and use of professional equipment when the lack of a permit risks the forfeiture of those assurances. I don’t suppose you warn your paying attendees of this risk? And then, when you’re caught, you blame the rangers for doing their job and take the blame away from yourself. I’m not saying that fees aren’t outrageous, but if you’ve got 10+ people in your “meetup group”, is $500 going to hurt you that bad in order to ensure your attendees a proper experience and develop and good standing relationship with park services so that they would welcome you back with the next group you bring?
Not sure if I would side with the photographer here. It is not about the price of the equipment it seems that flags the authorities, it is the size of the equipment and the volume of the space you are occupying.