Delaware Police Issue Photo Policy after Harassing Railfan

Back before railfans were considered terrorists during a 1939 camera excursion in Ohio. (Source: Wikipedia).


Railfans and photography have long gone hand-in-hand considering trains and cameras evolved around the same time during the 19th century.

But it was only after the 9/11 terrorist attacks that railfans became synonymous with terrorists, even though there has been no evidence that terrorists use cameras to photograph their targets before destroying them.

But try telling that to the cops and security guards throughout the country who constantly harass, threaten, assault and arrest citizens for photographing trains.

Last month, the ACLU stepped in on behalf of a man who was told by Newark police he couldn’t photograph trains unless he provided identification.

Because the ACLU’s complaint, the City of Newark issued a new policy instructing cops to leave photographers alone if they are taking pictures of trains.

I haven’t been able to find the actual policy online, but if you find it, please post it in the new section I created in the forums for police department’s photo policies along with any other policy you may find.

This can be handy for readers to print out in case they plan on taking pictures in that respective city.

From last month’s ACLU press release:

A railway enthusiast was prevented from photographing a special train locomotive by Newark police because he declined to provide them with identification. Now, in response to a complaint presented by the ACLU of Delaware on his behalf, the City of Newark has issued a policy directive instructing its police force that taking photographs of trains and railroad equipment is not suspicious activity that entitles the police to demand identification.

Mr. Daniel Dedinas, a railfan whose hobbies include photographing trains, was near the train tracks behind the FedEx store on Newark-Elkton Road, waiting to photograph the unique locomotive as it passed through Newark. He was stopped by two Newark police officers, who acknowledged that they had no probable cause to believe he was committing or about to commit a crime. Mr. Dedinas gave the officers his name and address, but standing on his right of privacy, he refused to give the police his driver’s license or other identification. In response, the police told him he could not photograph the train until they confirmed his identity. Before that was accomplished, the locomotive passed by.

The First Amendment protects people’s right to take photographs of activities taking place in public, including passing trains. Further, Delaware’s laws grant police the authority to demand identification, but only when there is reasonable ground to believe that the person has committed, is committing, or is about to commit a crime. Newark police have now been instructed that taking pictures of trains and railroad equipment is not grounds for stopping individuals.

Richard Morse, Legal Director of the ACLU of Delaware, said, “members of the public often meet resistance when they try to take pictures of railroad equipment, even though photographing trains is a common hobby. Newark’s directive to its police force is an important recognition of photographers’ rights under the Constitution.”

After ACLU-DE intervened, the City of Newark and the Newark police acted quickly to retrain officers on stop and identify laws, thereby protecting the First Amendment rights of other railroad photographers and members of the general public. Mr. Dedinas also received a letter from Newark confirming his right to photograph trains.

About Carlos Miller

Carlos Miller is founder and publisher of Photography is Not a Crime, which began as a one-man blog in 2007 to document his trial after he was arrested for photographing police during a journalistic assignment. He is also the author of The Citizen Journalist's Photography Handbook, which can be purchased through Amazon.

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