Metrorail Attack Reveals Much Work to be Done for Photographers' Rights

It’s been five days since I was attacked by three armed security guards on the Miami-Dade Metrorail for taking pictures and the reactions from around the internet has been interesting to say the least.

I understand there will always be boot-licking pansies who will never understand why I would question a security guard over some made-up law about not being allowed to photograph the rails.

But it’s a little disappointing to see this attitude from photographers and railfans.

Don’t get me wrong. I am completely aware that I can come across abrasive, arrogant and condescending to authority figures who spout unlawful orders about photography in public places.

But the fact that they are using their authority in an attempt to intimidate me into following unlawful orders is not only more abrasive, arrogant and condescending. It’s downright abusive.

And I have a hard time tolerating that.

The main criticism against me is that I somehow “instigated” the incident. It’s true that there have been previous episodes where I deliberately tested officials on their knowledge of their own photo policies, including on the Miami-Dade Metrorail as well as at TSA checkpoints, but this was not one of those cases. I’m always upfront about my intentions in those videos, even to the authorities who confront us.

We were simply catching the train back to my place after hanging out with another friend in downtown Miami watching the football game. Not that it would have given them any more justification to attack me had I deliberately set out to test their knowledge.

I am also accused of being drunk. It’s true that I had been drinking but I was not drunk. The guard didn’t even question my sobriety until he got in my face and smelled my breath. And all it takes is a couple of drinks to make your breath smell like liquor to someone who has not been drinking.

A few people have also said I “sounded” drunk. That’s just how I talk. Anybody who knows me can confirm that.

The truth is, the guard realized I did not fall for his lie about it being illegal to photograph the rails, so he had to resort to another excuse to kick me out, which I thought was pretty obvious.

I am also criticized for getting physical with the guards. Yes, I did turn around and raise a fist towards them after they tried to push me down a moving escalator. It was a natural reaction and I won’t apologize for defending myself.

One thing I’ve learned about running this blog is to not to take any criticism  personal. Especially from anonymous commenters whom have never met me in person nor have spent any time getting to know me online and frankly wouldn’t have the balls to question authority.

So I’m not taking anything personal but I do find it troubling that so many photographers on PetaPixel and so many railfans on Subchat fail to see the real implications of what took place last Sunday night.

Even cops who saw the video believe the security guards were way out of line, not that they have much sympathy for me.

I edited a new video (below) that includes footage from both cameras, side-by-side, to allow people to get a fuller understanding of what took place. The audio is also clearer in certain portions of that video compared to the first one I posted.


I also compiled the following bullet points to make it easier for people to digest what took place that night, even though they will probably still defend the guards’ behavior.

  • We were taking photos from the platform.
  • We were confronted by security guards for taking photos.
  • We were told we were not allowed to take photos of the tracks.
  • I questioned which law forbids us from taking photos of the track.
  • I was ordered to turn off my video camera or else be kicked out.
  • I was then accused of being drunk and threatened with arrest if I did not leave the platform.
  • I stood my ground knowing I had not broken any law, knowing I was not drunk, waiting for the cops to arrive to hopefully sort everything out.
  • When I realized they were going to get physical, I asked my friend to start recording.
  • When I saw a third security guard walk up, I attempted to talk to him to hopefully sort it out.
  • The third guard along with the first two guards then began pushing me towards the escalator.
  • I began walking down the escalating, ordering them not to touch me because they do not have that right and there was no need to, considering I was already walking.
  • I was shoved from behind once I stepped on the moving escalator.
  • I turned around and attempted to shove them back because I felt the need to defend myself.
  • I was pounced upon by at least two security guards.
  • One of the security guards reached out and smacked my friend’s camera out of his hand as he was recording the altercation.
  • My friend managed to retrieve the camera and turn it back on.
  • At that point, I was at the foot of the escalator with one of the security guards gripping my neck in a tight chokehold with another security guard pushing down my head, making it even harder for me to breathe and the third security guard pulling at my feet.
  • The security guard who had me in a chokehold then threatened to arrest my friend for recording the altercation.
  • The security guard who was pulling at my feet then approached my friend and handcuffed him.
  • I was handcuffed.

To sum it up, I was attacked, choked, suffocated and handcuffed for taking photos, leaving me with enough injuries to visit the hospital the following day.

Although the X-rays revealed no broken bones I am still recovering from abrasions, swelling and soreness from the attack. An attack that would have landed anybody else in jail had they not been part of the system.

Had we not been taking photos, we never would have been approached.

Had I simply kissed ass and promised not to photograph the track, we would have been allowed to go home without further incident.

Had I turned off the video camera, we most likely would not have been further harassed. Or we may have. You never know.

I don’t trust these guards so I wasn’t about to turn the camera off when I know it’s the only thing that was protecting us from lies.

And contrary to what the guard was saying, it is not illegal to operate cameras on the Metrorail. The only exception is when one is conducting commercial photography, which which could be an advertising photo shoot or a movie scene. Then a permit must be obtained from the county.

Below is Miami-Dade County Code 30B-5 (2) which states the following:

And below is Miami-Dade County Ordinance Sec. 2-11.14 (2) (iii), which further clarifies the law on using cameras on the Metrorail.

There is nothing in writing that forbids passengers from photographing the rails. In fact, the rails are prominently displayed at the top of the Miami-Dade Metrorail’s own web page as you can see below in Bill Cooke’s Photoshopped version (the header is not Photoshopped). Read his blog post here on the incident.

Sunday’s attack against me was the fourth time since 2010 that I’ve had a run-in with 50 State security guards for using cameras near or inside the stations. I’ve even organized protests where I showed up with a group of photographers to drive it through their heads that they have no right to harass citizens with cameras.

And that resulted in a memo supposedly being sent out to security guards informing them that photography is not a crime, but that obviously did not make a difference because we were harassed again a few months later.

And finally, I decided to file a lawsuit in 2011 because I don’t believe a tax-funded private security company contracted by the county should have the right to trample upon the First Amendment rights of citizens.

That lawsuit, which is still pending, will be amended with the latest incident, taking it from a simple claim of negligence to include claims of false imprisonment, assault, battery and possible civil rights violations.

If anybody else has been harassed by 50 State for taking photos on the Metrorail, please contact me to be included in this suit.

I understand that makes me an activist, something a journalist is not supposed to be. I understand that makes me come across confrontational and looking for trouble when the truth is, I just don’t back down from confrontation when I know the written law is on my side.

And I understand that’s going to turn a lot of people off, including the local media who have essentially ignored this incident (with the exception of the Miami New Times), even though 50 State Security receives millions in county dollars every year.

Despite the fact that we captured it all on camera, Miami-Dade police who arrived on the scene didn’t care to view the footage or even hear our side of the story, which shouldn’t be surprising considering 50 State was founded by a former Miami-Dade sergeant in 1971.

But they did believe they had enough evidence to issue us citations for making “excessive noise” – even though they never witnessed us making excessive noise.

We are expected to pay a $100 fine and I am also banned from the Metrorail for 30 days, according to the police sergeant although it doesn’t say that on the citation.

Now I need to put a request in writing to ask for a hearing in order to get the citation dismissed because paying the fine would be an admittance to guilt, which is what they’ve been trying unsuccessfully to get me to do since 2007.

Had I admitted to guilt back in 2007 for the convenience of not having to go to trial for taking photos, this blog would never have seen the light of day.

And that would probably set right with many of the pansy bootlickers in this country. But it wouldn’t set right with me because I’m the one who has to live with himself.

And I decided long ago not to live my life like a scared little chickenshit.

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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  • Pb

    I love that they are all wearing “beat-down” gloves, showing me their obvious intent for anyone that might cross their path.

    • Roy Stamps

      They were those gloves to keep from catching Hep B/C from the idiots that make them put them on. Its simple. You don’t want to be ushered from a place, listen to the people telling you to leave and you won’t be. These officers don’t want to touch you people. Each and everyone of them would much rather sit their post and go home at the end of the day and enjoy the weather. People like you make that hard. The gloves is called being prepared. Nothing more nothing less.

      • Difdi

        But what if the people telling you to leave have no lawful authority to do so? Would you still insist that they be obeyed?

        Failure to obey an unlawful order is not a crime. A government employee singling someone out for abuse because they are exercising a constitutional right, on the other hand, IS a crime.

      • Roy Stanps

        Moreover, in the case above with Carlos it is still reasonable to think that the guards didn’t want to touch him despite the fact that they manufactured reasons to engage him in the first place, escalated the situation by invading Carlos’s personal space, and then instigated the violence and personal contact between them. This is so because I say so.

        • squintaroony

          Ha ha, trolls be trollin’!

  • Rob Bellinger

    Keep fighting the good fight!

  • Tijuana Joe

    The first problem I see for 50 State is the initial verbal order to stop photographing via loudspeaker
    was blatantly unconstitutional.

    The next thing was the comment from Perez(?) that it was
    “against the law” to photograph the train tracks. Again, total BS.
    Then, regarding the drinking, you’re not behind the wheel, so the
    drinking would have been a threshold of public drunkenness, not .08 BAC, which seems
    far-fetched here.
    Find out what “Code 35” is because that’s what he “officially” says to the other guy.
    Then he wants you to leave the station because “you’re refusing to leave.”
    Illogical, circular reasoning. Then it just turns into an assault.

    I think you’re going to make some dough if you push this. Good luck.

    • $19866595

      Code 35 is ‘drunk’ in pig latin.

    • Roy Stamps

      You know nothing. Its illegal for reason vital to the security of the patrons using the rail. And if drunks or people who they know has consumed alcohol, they could fall in front of a train. Stop jumping on the band wagon and find out before you open your mouth. Those guards did what they are paid to do. Keep the rail safe.

      • Difdi

        So, you’re saying someone who is drunk should drive their car home instead of using public transportation? Fail.

        Those guards are paid to enforce Metrorail policy and obey the law. They failed at both.

      • squintaroony

        Who’s safety were those guards protecting? How was the rail being made unsafe by Miller’s photography? In what jeopardy did the act of photography place the rails? Was Miller, a rail passenger, endangered by the act of photography, or was his physical safety compromised by the battery he suffered at the hands of those security guards? If their job was to keep rail passengers safe, they were doing the exact opposite of their job – by confronting a person engaged in a harmless activity, and using force against him. Miller, a rail passenger, was much safer before the guards approached him, than after. Who’s safety were they protecting?

        • Difdi

          They sure weren’t protecting Carlos’s safety.

      • Carlos_Miller

        Yes, it’s much safer to push a man down the escalator than take a chance of him falling in front of the train, especially when the only indication that he had been drinking was his breath.

  • Robert Bowling

    I for one Carlos applaud your activism and hope you win your case. Having worked as a Rent-A-Cop in my youth I find the attitude and behaviour of these wannabe cops disgusting and reprehensable (and actionable, I’d have pressed battery charges and called 911 myself). As a working photographer I have had people question me in the past but have so far been able to keep it civil.
    Thanks for what you do!

  • Tom Jankowski

    I agree with you Carlos.

  • MG

    It’s not “activism” for a journalist to defend his right to free speech; it’s his job.

    • Tom Joad

      I really hate that idea….”journalism” has NOTHING to do with it. ANY citizen has that right.
      With few exceptions, it’s BS when someone tells police “I’m a journalist”, it simply doesn’t give them extra rights, it’s the same rights we all have.

    • Roy Stamps

      He wasn’t getting paid and he didn’t have permission.

      • Lefim

        He didn’t need no stinkin’ permission. It’s a public area and the rules say photography is allowed. See the previous thread on this topic.

      • dollym100

        that is the most idiotic reply I have read.

      • Tom Joad

        He didn’t need to be a journalist, and he didn’t need permission.

      • tom

        He did have permission. It’s called the 1st Amendment.

        • Michael Torbert

          The 1st Amendment doesn’t give permission for anything. It restricts the government from taking away rights already present.

      • Pod

        He has permission via the First Amendment. And Roy, those fucking rent-a-cops are lucky he didn’t exercise his Second Amendment rights. Armed men who aren’t cops rush me, well, there’s gonna be a problem, ya feel me?

      • Difdi

        Are you getting paid to post here, Roy? If not, what right do you have to do it?

        The same right Carlos does to take pictures. The same right that has been part of the fundamental laws of this country for 224 years.

      • Kenneth Bankers

        Ok i will try and make this clear to you Roy and i will be polite about it as well. You see there is this thing called the Bill Of Rights. It says in its first section ( Called the 1st amendment) that NO Government employee can tell us where or what we can talk about or express our opinion on. That includes PICTURES AND VIDEO AND SOUND. Now to make it simpler for you Daddy Constitution and Little brother Government SAY HE CAN TAKE PHOTO’S there. Even Mommy Metro rail says he can take photo’s there.
        If it needs t be any clearer then that I think maybe you need to go see someone who can help you learn simple concepts.

        Have a great and fulfilling day.

      • Philpop

        Everything which is not forbidden is allowed is a constitutional principle of English law — an essential freedom of the ordinary citizen.

        (wiki cut and paste)

      • Bridgett Cash

        Idiot. Perfect example of a coward. In case you missed it Roy, Carlos did not need “permission” from anyone to be where he was doing what he was.

  • driversuz

    Any journalist who is NOT a First Amendment Activist, is not a journalist; he is a heretofore approved propagandist.

    • Jake

      Most reporters practice what former Indianapolis Star columnist Ruth Holladay calls “blow job journalism.” They suck.

  • Guy Fawkes

    It’s too late for them to cover up with bs charges, you already have them on film giving the illegal orders to stop taking video. They should change their name from 50 State to 50 IQ.

    • Clark

      You forgot the – sign in front of 50.

    • Roy Stamps

      How do you know they are illegal orders? You don’t do you? You just got on the band wagon right? Idiots.

      • Difdi

        Actually he does know they are illegal orders. So does Carlos. You may have noticed Carlos posted excerpts from the law above. Or did you skip the article and go directly to trolling the comments?

      • Roy Stanps

        More generally, the people that assume that Constitutional requirements and legal precedent and rule of law apply and are worth fighting to protect are mindless sheeple. BAH! BAAAA! If you want freedom and liberty, quit questioning authority.

        • Jon Quimbly

          Go away troll.

        • Difdi

          If the people who are sworn to uphold the law can’t be bothered to obey it, why should the rest of us? We never swore to do any such thing.

        • Art Clark

          Roy, I’ve been quietly reading your dialogue on this thread, having decided to stay out of an a conversation with a pejorative throwing, unreasonable, and repetitive person like yourself, but your latest comments have me very worried about your safety and the safety of those around you. Please seek some professional help before you hurt someone who is close to you, particularly a family member. I’ve seen these symptoms before, and I’m afraid you might be close to doing harm to someone you love, and I know you don’t want that to happen. Talk to someone who can help you.If you own a gun, turn it over to a trusted friend. You’ll be glad you did.

  • Jesse Clark

    I agree that it appears like you instigated it (asking for trouble), but that’s really irrelevant. There’s no such thing as instigating when you’re operating within the confines of the law. I say instigate all you want if it brings more awareness and these enforcement bullies finally get a clue of our rights.

    • Difdi

      If instigating by lawful means made you wrong, all charges arising from police sting operations would be tossed out by the courts as entrapment.

      Just like a police sting, the criminals can choose not to break the law today. If they break the law anyway, the consequences are on them, not the “instigator.”

  • Common Sense

    I too applaud Carlos for his persistence in exposing the truth!

    Sure looks to me like this will fall into a “color of law” case, aka civil rights violation.

    Further more, I would think that fact the officers did nothing as to INVESTIGATE, but simply issued citations because of 50 States “complaint,” for which they were not even there for, AND the fact 50 States was founded by a former Miami LEO, and I would suspect many other retired Miami LEOS have also gone to work there, then I would suggest maybe there was some prejudice on their part NOT to investigate! Walla, another violation of law, failure to perform their duties!

    And hopefully the dominoes begin to fall!!!

  • Matthew Weich

    A 35 is a drunk person.

  • jo

    I am so sorry you were attacked. Keep up the good fight, and let’s hope those creeps get fired!

  • Virtualfrog

    If you notice the first guard had an ego problem from the start. As do so many that are given a little authority and see themselves as the boss not to be questioned. He approached and gave orders without a greeting or anything. He simply gave orders. Watch his body language and especially his face. His “I am telling you that is why” expressions show that he was going to
    be the boss.

    Carlos asked the questions in a very calm and clear manner. Never did he challenge with his actions or voice until he was told he was being taken downstairs. Even then he did not raise his voice much when saying no. The third one just came up and grabbed Carlos.

    These guards have never been trained in how to handle a situation. They are told that the Terrorists are coming and you are on the front lines. Give your life to protect the tracks and the riders from the terrorists. Everyone is a suspect and you must protect the very important trains
    and tracks of Miami. In short they are brain washed to become that way just like the TSA. Their training is abysmal.

    Don’t blame Carlos for questioning them. The actions of the guards were totally wrong in every way.

    • tomhoser

      Looks like they need a swift kick in the nuts.

    • Fotaugrafee

      Not to mention the fact that it involves the most minute amount of authority, which many job seekers gobble up like a frog eating flies.

  • Lefim

    Ah, see the problem here: “No person, unless authorized in writing by MDTA, or the County Manager when appropriate [ . . .], shall take still, motion or sound motion records or recordings or voices or otherwise . . .” at which moment the mind addles off the page and doesn’t complete reading the sentence. Comprehension-challenged, anyone?

    • Difdi

      That policy requires a permit for commercial photography. Like a fashion shoot or a commercial or a movie. The rule doesn’t apply to tourists, artists or journalists. Metro Rail policy, supposedly disseminated to all employees, makes this very clear.

      Commercial photography without a permit typically results in a police arrest for trespassing or a civil lawsuit. Being pushed down a moving escalator is attempted murder.

      • Lefim

        Congrats, you read the part at the point most guards who’ve fallen asleep and is the point of the policy.

  • Patrick Henry,The2nd

    People don’t understand that the only way to protect rights, is to stand up for them. Its been taught out of many people that they should just submit to whatever cops want, even if its illegal. They don’t understand that nothing will change unless people stand up.

    You are a leader in the fight to protect photography rights- and its been a sea change in that arena in the past couple of years. Without cameras, MANY innocent people would be in jail.

    • Roy Stamps

      There is a time and place for cameras. Taking pictures without permission is not the time or place. For various reasons. You don’t understand that because you don’t like being told. If you had the facts, you might cool your jets. I agree, a camera can be a great tool. But only in the hands of someone responsible enough to use it correctly. He broke the rules and he knew he was doing something that would bring attention to himself because he had done it before. Deal with it.

      • Difdi

        I have permission to take pictures. So do you and so does Carlos. So does everyone.

        It’s called the first amendment to the U.S. constitution. Deal with it.

      • squintaroony

        Roy, Carlos was not breaking any rules. That’s the point: there’s no law against photographing from the platform, and there’s no metrorail rule against photographing from the platform, and there’s no 50 state security policy forbidding photography from the platform. The guards chose, inappropriately, to pay attention to him for his purely legal, inoffensive, permitted behavior. Unlike Mr. Miller the guards broke many rules, and many laws, when they assaulted and detained Mr. Miller. Why is that so hard to comprehend? Miller broke no rules, the guards did. Miller did not behave irresponsibly by photographing his friend, the guards behaved irresponsibly by assaulting and unlawfully detaining him. I want people to be responsible, just like you do. I want people to follow the rules, just like you do. But in the video I saw, the only people behaving irresponsibly, the only people breaking rules, were the 50 state security guards.

      • dollym100

        You sound so knowledgeable, perhaps you could list WHAT RULES DID HE BREAK..

      • sfmc98

        Lets back up. Lets look at something other than simply “the rules” (which he’s been clearly shown to be in compliance with). What is the harm in taking photos? Are there no other photos of this super secret conveyance that millions ride and see every year? Do cameras contain some kind of nuclear death ray that radiates anything in its path?

      • BMTLines

        Why don’t you read the Metrorail website… What part of “Metro welcomes photographers and artists to photograph its system…” do you not understand? The cops who ordered him to stop taking pictures violated both their company policy AND his constitutional rights. Deal with it yourself!

      • vendetta

        Are you implying that Carlos is not “responsible enough” to use a camera correctly? Maybe legislation should be introduced that only certified licensed and registered photographers be permitted to carry photography equipment. Furthermore, we can solve the federal deficit by assessing fines to anyone caught concealing or carrying a device that captures video, audio or still images … you know, like a cell phone.

      • Pod

        Fuck you Roy. Seriously.

      • Roy Stanps

        Let’s be very clear. We know he broke the rules because a guard said so and we know that guards never make mistakes or abuse their authority. Moreover, part of what makes a right a “right”, like a first amendment right, is getting permission to practice it from the relevant authorities. No responsible person would ever seek to take pictures without making sure that all of the local government agents approve. 😉

        • Tom Jankowski

          Roy what you’ve just said is one of the most insanely idiotic things I have ever heard. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone reading this is now dumber for having listened to it. May God have mercy on your soul.

          Besides, did you ever think that these guards are idiots? Of course not. Many people have said that Metrorail which owns the station allows photography. Metrorail is paying these people to enforce METRORAIL’s policies. Carlos was completely in the right here.

          Look on Metrorail’s website.

          That is the mo

        • chris watts

          troll alert!

  • blue

    Its County Property and not Public Property…Miami Dade County instructs Security not to allow pictures of the rail unless approved. Its a Homeland Security issue

    • -0z-

      Untrue. Metrorail’s own policy allows photography.

    • ExCop-Lawyer

      Homeland Security issue is cant for we really don’t have a valid reason to prohibit photography in a public place, and we know you have a First Amendment right to do so, but we don’t like it.

      In other words, it’s BS. There is no statute that prohibits photography in public.

    • Fotaugrafee

      You’re a fucking, toolbag idiot. There is no such thing as “Homeland Security” in the law books, as a means of defying one’s harmless, constitutional rights. The security has no right to deny one the right to photograph “the rails” (or trains, etc.).

      Do they have the right to throw a question or two at you? Sure, it’s human nature to be curious. They do NOT have the right to harass & assault anyone b/c they do not agree with his/her reasons for being there. That’s complete bullshit, and you’re a dimwit for even suggesting that what they did was within the confines of the law.

      County property is often taxpayer funded, and Carlos was catching a train. Good luck, Mr. Bootlicker Blue, winning THAT case.

      When you sacrifice your own liberty for a little bit of security, you deserve neither…dumbass.

    • Common Sense

      Homeland Security issue? Wow, that’s an original statement! Hey BLUE gets some facts about being a HOMELAND SECURITY issue before going there! You have NO idea what your saying!

    • Rick Roberts

      Wouldn’t “County Property” be, by definition, “public property”? It’s a crazy — insane — notion that cameras are the tools of terrorists. If it’s not insane, give us a rational discussion of the threat. Explain it to us, because it sounds crazy to me that my camera is threat to anyone’s safety.

    • Difdi

      Wrong. Those guards were in violation of both the law (city, state AND federal) and Metro Rail policy when they took action against Carlos.

      Homeland Security was created by Congress, and Congress is absolutely forbidden to pass laws that violate the first amendment. Such laws are null and void (per U.S. Supreme Court ruling) from the moment of inception, not the moment of successful challenge.

      In other words, Homeland Security is subordinate to the constitution, not superior. If you hate this and want to live in a country where Security trumps everything, you’re fantasizing about living in North Korea.

    • darksideblues42

      County property is governmental, ergo, Public property. There is ZERO “Homeland Security” implication to photographic the rail of a train track. Regardless if it is policy or not, it would still be unconstitutional as prior restraint of free speech and freedom of the press. Furthermore, I challenge you to identify one real case where a terrorist attack in the US was preceded by extensive photography of a target site. Outside of movies, books, TV shows and similar works of fiction, photography has no real tie-in to domestic terror attacks.

  • Peter

    Keep up the good work!

  • Joshua B

    Carlos, why amend your complaint in the existing lawsuit? You should file a second lawsuit.

    • Difdi

      Amending his complaint allows him to sue for greater damages without spending more money.

      Filing a second lawsuit doubles his costs.

  • steveo

    If we allow leos or security to make up their own laws, there really is no end to the abuse that this can lead to. In Sarasota, the SPD issued 6500 trespass warnings over 4 years to people, mainly homeless, who were walking on public sidewalks. If the leos saw them again in the same area, later in the week or month, they got arrested for trespass after warning. But the original trespass warning was just totally illegal.
    Then because the people couldn’t pay the fines,they would get arrested for contempt of court for not paying the fines and got more fines, which amounted to a debtors prison.

    Who protects people who are least likely to be able to protect themselves? People like Carlos Miller, that’s who.

    • Roy Stamps

      Carlos Miller is an idiot, and so are you. Homeless people are homeless mostly because they want to be. Years of study has shown this to be true. Loitering and begging in places where people need to conduct business is uncool. Where do you live? You like it so much let them come to your house.

      • Difdi

        Just because a cop says something doesn’t make it true. There are orders a cop cannot give, and there are orders a cop can go to prison for giving. You’re either an idiot or a troll, and your attitude would be right at home in North Korea.

        If you hate the basis of all laws in this country so much, perhaps you should GTFO?

      • dollym100

        I am sure you are well versed on what it takes to be an idiot. You seem determined to let all the posters here know what a first class one you are.

        • Difdi

          Mark Twain had a fascinating comment on that sort of thing:

          “It is better to remain silent and be thought a fool than to open one’s mouth and remove all doubt.”

          • Tom

            Mark Twain was never hassled for photography!

          • Difdi

            And William Shakespeare was never arrested for computer fraud. What’s your point?

      • Freedom_Fighter_of_America

        Just because something is “uncool” as you put it, doesn’t mean you can infringe upon their right to do what offends you. Why do you think rights are a one way street? You can do something to offend others, but if someone says or does something that offends you, why they better bend to your will. Doesn’t work that way. Fact is, he had a right to be there, fact is, he broke no law, fact is they approached him, fact is they lied. You have no leg to stand on Roy. Lest you forget, laws that are made that are unconstitutional, are in all actuality not a law, it confers no powers. No matter how much someone wants to infringe upon the rights of others, that is not the governments job. There is no authority to do such. Rights are not government granted and can not be revoked by the government, that’s not the job of the government. Rights can not be put to a vote either. Go check your facts before you make yourself look like an idiot.

      • Roy Stanps

        I’d add that making the conversation about homeless people, the causes of homelessness, and the desirability of homeless people, as opposed to being about abuse of authority is welcome and reasonable given the context of the article. 😉

  • Lefim

    A quick flash-from-the-past:

    To quote: “MDT met with the security contractor and stressed the right of the public to photograph in the common areas of its public facilities. To that end, all contracted security officers have been retrained on the appropriate mannor in which to enforce Miami-Dade County Code of Ordinances, . . ., governing photography on the transsit system, and a copy of the aforementioned code has been placed at all MDT Metrorail security kiosks.”

    Glad to to see that retraining took effect! (/not)

  • Nicolas Martin

    I detest any legal exceptions for the “news media.” Government has no business defining who is a news reporter. The corporate media, on the other hand, love special privileges. It is essential for keeping them in the pockets of politicians.

    • $910553

      The First Amendment applies every bit as much to Billy Joe Bubba Bob publishing his Atchafalaya Mobile Home Park Gazette as if does to ABCNNBCBS and their dead-tree fellow travelers. It is an INDIVIDUAL right for EVERY Mere Citizen. Regardless of what “Law Enforcement” and the “Legal System” want to claim.

  • Mark Mayo

    How can you instigate something when the premise for them approaching you in the first place is bogus? It is people like these security guards and the people against the actions that you took that night that make me embarrassed to be an American. I wish I still lived in FL so I could drive down to Miami and shake your hand. I applaud what you are doing Carlos!

    • Roy Stamps

      Mark, I assume that you have children. Please let someone else raise them because if you let them become as ignorant as you are. I feel sorry for them. The rules are not there to cause problems for this man. he knew what he was doing as he had done it before.

      • Difdi

        I hope you don’t, Roy. Since you’d raise them to be bootlickers to authority just like yourself.

        • Pod

          Roy appears to be a bootlicker. Subhuman garbage, probably.

      • steveo

        As soon as the medical establishment comes up with a cure for fxxkfaceitis, we’ll send you an email. and tell the rest of your relatives not to make the mistake of encouraging parents to marry who are 1st cousins.

      • Freedom_Fighter_of_America

        What rule did he supposedly break Roy? Thought so, you don’t know. Just because a security guard says it’s against the law, doesn’t mean it is. I could tell you it’s against the law to chew bubble gum on tuesdays and wednesdays, while wearing a red hat and having one eye closed. Doesn’t mean it is really against the law.

      • Jon Quimbly

        Troll is troll. Stop feeding the troll.

  • Luc

    One of the messages I see here is, If you ride Metro Rail you may get beat up by one of our armed thugs.

  • rust

    I’ve seen a ton of Carlos’ vids and yes, he talks as though he *could* be drunk. But that’s his normal voice. It’s a cross between what sounds like foreign born latino and some kind of stuttering football player. And whether or not he’s abrasive to you, tough titties. There aint no law that says you gotta be polite to some GRUNT.

    He’s a PHOTOGRAPHER first, not a TV star, not a radio commentator. First amendment right is probably the most important of them all. But, just like the 2nd amendment, there are a lot of trolls and monsters who would like you to give up your rights just because they say so, or because they say (either by outright lying or just being mistaken) that there is a law against something.

    • Roy Stamps

      So if you feel that way, when a troll or a grunt puts his foot in your ass you should be expecting it. Don’t be an idiot all your life. And regardless if there is a law or not. Which there is. You go into a persons place of wok, they don’t Hassel you because they want to. Big brother is watching them too, they have a job to do and stopping people filming on the rail platform is part of their job.

      • Rob

        “stopping people filming on the rail platform is part of their job.” No, dumb fuck, it isn’t. There is no law, or rule, prohibiting photography of the metro rail in Miami.

      • Difdi

        If doing your job requires breaking the law and you choose to do so anyway, you are a criminal. Plain and simple, black and white.

      • squintaroony

        No it isn’t part of their job. The rules allow for photography, the law allows for it. When a troll or grunt puts his foot in your ass, that’s battery – and it’s against the rules. It’s against the law.

        Exceptions to the film permit requirement:

        (i) Individuals filming or videotaping for their own private or family use.

        (ii) Employees of print or electronic news media when filming or recording news events.

        You can argue that a blog is merely for personal use or you can argue that it’s “media” since there’s an audience for it. Either way, the rules provide for photography and filming. And the second the guards decided to intervene and stop Miller from taking photographs, the incident became a news event. He was within his rights to film and photograph. The guards were not within their rights to stop and detain him. Why do you authoritarian types always act as if rules only apply to people out of uniform? Why do you never demand that authority figures or public employees – or private security employees – follow the rules? There are rules that govern their conduct, too. But you seem to wish there weren’t: “regardless if there is a law or not.” Why is that? WHY would you want people in positions of authority to be able to compel behavior – or put his foot in your ass – “regardless of whether there’s a law or not?”

      • Roy Stanps

        It bears emphasizing that stopping Carlos was obviously part of the guards job. What would you have expected him to say if he had done nothing and his supervisor saw the relevant security videos (filming Carlos filming the tracks) a day or two later? What could he say? Would you have him say “I don’t think that’s a crime.” or “We all received notification from 50 State saying that guards shouldn’t interfere with photographers” or “It’s not our job to harass the customers without legal justification” or “What crime might I have suspected that would be sufficient to support a stop”?? Of course, not. We want and expect him to stop people and THEN figure out what crime might apply later. 😉

        • squintaroony

          Roy, that’s exactly what I would expect the guards to say in the circumstances you described. It is not the guards’ job to prohibit lawful behavior or to harass customers who are abiding by metrorail rules. Carlos was abiding by those rules, and behaving lawfully. It was the guards’ job to leave him alone unless and until he gave them some cause to suspect wrongdoing or rule breaking.

          In the actual circumstances, I would expect the supervisor to reprimand the guards – to tell them:

          “That’s not a crime, didn’t you get notice from 50 state that photography is permitted, it isn’t your job to harass the customers, you need to explain to me right now what crime you suspected and what gave rise to those suspicions.”

          Then I would expect him to pink slip them.

        • Philpop

          I’m convinced you are just arguing for fun. If you’re going to troll, you should learn to be more convincing.

      • Me

        Roy, I carry a concealed weapon. If these fucking thugs laid a hand on me, I would have killed all 3 of them, and claimed I was standing my ground. That works in Florida, remember?

        The job of a peace officer is to maintain peace; creating an unsafe situation for themselves and the citizens is not their job. Police and Guards are not invincible, and if they cause violence, they can be hurt and killed. I would have shot all 3 of these men, without hesitation, on camera. And the law would have been on my side. Consider that.

  • QuadEddie

    You’re a lot more talkative than I would be. There’s no convincing these types – you are wrong in their eyes, no amount of talking will prevail.

    • Difdi

      He was a lot more restrained than I would have been.

      I’d have taken the opportunity to water the Tree of Liberty with at least a few drops when they attacked. I learned Aikido to protect myself from criminals, and my reflexes don’t stop in their tracks because someone is wearing a security guard uniform.

  • Rob

    I’ve been following you for several years now Carlos, and while I don’t always agree with your opinion, I know that there aren’t many people that know their rights when it comes to photography and the 1st Amendment much better than you do. There are even fewer of those people that are willing to put themselves in harm’s way to stand up for those rights, but you stand up for our rights without hesitation or fear of the sometimes painful consequences, and for that I am very grateful. Thank you. You’re a hero and a champion in my book, not just an activist.

    • Roy Stamps

      He’s a hero to some and an idiot to others. But the rules in place on the rail are not there to harass legitimate photographers. And this really isn’t the right forum for a first amendment argument. If you want to film on the rail. get permission. Plan and simple. I know how cameramen can be. I worked with BBC film crews shooting Documentaries for years. They will get a shot if and when they can until someone tells them to stop or move on. I never heard a BBC camera man put up a fight like this guy did. They just politely say sorry pack up and move on. And no body got arrested. Yes, I agree you have rights. But you still have to follow the rules. Come to my house and break the rules and see what happens. The same thing as if I came to yours and did the same.

      • Rob

        He was well within his legal RIGHTS (a term I don’t think you understand) to be there doing exactly what he was doing. He didn’t need to ask permission, because Carlos and his friend weren’t breaking any “rules” or laws, dumbass.

      • Lefim

        BBC crew are on the other side of the pond and are subjects of the crown. Here we’re citizens. I’ve lived in England for a number of years and can see the difference.

      • squintaroony

        Carlos Miller did not break any rules. There was no rule against what Carlos Miller was doing. The metrorail does not forbid photography. The law does not forbid photography. The law does not forbid photography. The guards took it upon themselves to enforce rules they only imagined existed, because of their ignorance. Look at the regulations Carlos Miller cited. Filming, recording, or photographing for personal use are permitted, and do not require permits. You’ve stated that he “wasn’t getting paid” as if that means he can’t photograph, but the rules say exactly the opposite – commercial film and photography (for which you “get paid”) require a permit, personal use does not. If you want to argue about the difference between personal and commercial use, there’s room to argue – I don’t know if Miller makes money off this website or not.
        But I do know that he has a large audience for this website, which makes his photography “speech” and a protected activity under the first amendment. There was no reason to detain Mr. Miller, or to prevent his exercise of first amendment rights. The worst rule breakers in this instance, by a wide margin, were the guards.

      • ExCop-Lawyer

        Who defines “legitimate photographers”? You? Some cabal of security guards? Miller was within his rights to photograph there, on any number of grounds. It’s public property for one thing, for another, no Metrorail rule was violated. It was an uneducated security guard making it up as he went along.

        • Lefim

          To expand ECLS’ point on definition: “[C]hanges in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw. The proliferation of electronic devices with video-recording capability means that many of our images of current events come from bystanders with a ready cell phone or digital camera rather than a traditional film crew, and news stories are now just as likely to be broken by a blogger at her computer as a reporter at a major newspaper. Such developments make clear why the news-gathering protections of the First Amendment cannot turn on professional credentials or status.” (Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011)).

      • dollym100

        It is sad that people like you are so uninformed about your rights. There were no rules to stop him from photographing.

      • io-io

        BBC film crews are engaged in commercial photography and would need permission. Private individuals not engaged in commercial photography require absolutely no permission. If the security guards did nothing, there would be no post. The only thing that made Miller’s actions even interesting were the illegal reactions of the security guards. Their illegal reactions made the initial photographs news worthy – thus post-able on this website, since it concerns Constitutional First Amendment Rights of citizens. If you do not exercise these rights, you will no longer have those rights.

        • Difdi

          Depends on what sort of BBC film crew it is. If they’re shooting footage for a new sitcom, they need a permit. Likewise, if they’re filming a commercial, they need a permit.

          A BBC camera crew shooting footage for a news report would not need a permit.

      • Philpop

        Please tell me that you’re unable to reproduce. Your genes should not be passed onto an even more ignorant spawn.

  • Helena

    What I see in the video is in plain words and assult and intent to harm Carlos. Press charges should be to Mr Perez and his secuaces. Its clear those three individuals were out of control. This should have never happen ……no reason for their actions.

    • Roy Stamps

      His actions were reason for their actions.

      • Difdi

        By that standard, every mugger is legally justified in shooting any victim that resists. If those guards had governmental authority, then they committed a federal crime and attempted to violently enforce unlawful orders. If they lacked governmental authority, then they committed aggravated assault at a minimum and had no legal shield of any kind, just like any other private citizen committing such an act. Carlos was exercising a constitutional right, and did not break any laws. He was their victim, they were acting outside of the law and their employer’s policies.

        When you choose to commit a crime and your victim resists, you lose the ability to claim self-defense.

  • rick

    People named Perez are statistically more likely to violate Carlos Miller’s civil liberties.

    • Carlos_Miller

      This guy clearly didn’t appreciate me in pronouncing his name with an American accent instead of a Hispanic accent. Maybe that was Nancy’s problem as well.

      But I could easily change that pronunciation by talking to them in Spanish instead of English.

      They probably still wouldn’t understand me when I tell them I am not breaking the law.

      • Freedom_Fighter_of_America

        Is it the same last name as Nancy’s. If so, perhaps there is a relation which could prove to be useful knowledge in court, would set the stage for retaliation.

      • steveo

        The real universal problem is that leos and security cannot abide it when citizens tell them NO. Another example, last week in my home town in FL, SPD arrested a gentleman who was panhandling and he was lawfully present. Not only did they arrest him for panhandling, they charged him with resisting arrest and then they beat him until he would go in the car.
        The city council struck the panhandling statute 3 mos ago and sent memos to the leos and leo supervisors. The chief sent directives to all the leos letting them know that they could no longer detain or arrest citizens for this ordinance. So, the leos arrested this guy illegally, then charged him with resisting the arrest of this illegal arrest because he said NO. He couldn’t bail himself out for the $870 bail so he sat in jail until the local ACLU attorney filed a habeus corpus writ.

        • Fotaugrafee

          Nice to hear that the ACLU even came to the aid of someone who had to panhandle in the first place…I think?

        • Roy Stamps

          Bet he won’t do that again. Smile:)

          • Elliott Whitlow

            I disagree, if the ACLU lawyer gave him good advice he told him to DO it again, illegal arrest equals cash in his pocket..

      • Roy Stamps

        They understood you, you didn’t understand them. One of these days someone will tell you to do something for your own good and you won’t listen. Hope i’m there with a camera when that happens.

        • Difdi

          The mafia often makes “requests” for people’s “own good.” The fact that someone will break the law and attack you if you don’t obey their unlawful orders does not make them right.

          It just makes them criminals.

    • Roy Stamps

      Now you are just being prejudiced.

      • Difdi

        Yes, Carlos being Hispanic himself is OBVIOUSLY a racist who hates Hispanics…wait, how does that work exactly?

  • Guest

    Carlos, stay safe! When I see this kind of thing ha[[en to good people like you, I worry that one day it will be your last video. I know you need to stand up for your rights, i just cringe when I see physical altercations like this and how I know they can end. Love what you do!

  • Walter Strong

    When it’s all said and done, Carlos, ONE of those agencies is going to write you a big fat check. Let me know when you get it and I’ll fly to FL from CA and help you spend it!

    • Roy Stamps

      Don’t you believe it. He won’t get a dime.

      • Muraragi

        Probably because all the money from the firms is being used to pay you right?


      • Elliott Whitlow

        Roy, I have read many of your responses and they are either uninformed, wrong, or stupid. The Constitution supports Carlos HANDS DOWN. The law supports Carlos HANDS DOWN. The policies of the county support Carlos HANDS DOWN. The policies of 50 States support Carlos HANDS DOWN.
        Standing up for your rights when acting legally cannot be made illegal. The supreme court only allows minimal restrictions on 1st amendment rights.
        So I would recommend that perhaps you should educate yourself on these topics before you open your mouth on topics that you obviously have very little actual knowledge.

    • Pod

      Shit, first round’s on me after his victory party.

  • scruffylookingnerfherder

    Carlos, I know I give you shit about how you approach some of your reporting, but this is exactly the type of thing that needs to be reported. I joined NPPA because of people like you, and you have my full moral support (if that means squat).

    Exposing abuse of photographers by armed idiots using color of law is needed, and I’m glad someone like you is out there risking, literally, his neck to expose their illegal actions.

    Give ’em hell, buddy.

    • Roy Stamps

      That why you didn’t use your real name. A name says it all.

      • Difdi

        What does that have to do with anything? We have no proof that you used your real name either.

      • Lefim

        The Court has long recognized that ‘‘anonymity is a shield from the tyranny of the majority.’’ (McIntyre v. Ohio Elections Comm’n, 514 U.S. 334, 357 (1995)). In fact, without anonymity, Publius could never publish and persuaded the majority to adopt the U.S. Constitution. And no one knew who he, or they, are.

  • alcrespo


    When you were arrested the first time by the City of Miami cops and held a fundraiser, I drove to Dania to give you money.

    When you wanted photographers to ride with you on the Metrorail, I came and took photos which I gave you to use.

    When the decision was made to shut down the Occupy Camp at the Miami-Dade Government Center, I was there, on the street, often by your side. I even took your photograph a couple times. But towards the end, when I realized that the event had largely become little more than a staged event, and that the cops were using the incident as nothing more than a training exercise, I told you and other photographers that the “event” had turned into a joke and that we were being used along with the remaining”protesters” as little more than extras in this training exercise.

    I, like the other photographers who were standing around, started leaving because it was bullshit at that point to stay around. You on the other hand couldn’t resist taking one last stab – supposedly for photos and video that had no real value -and you managed to get yourself arrested.

    No one else got arrested that night. Because everyone else – especially everyone who takes photographs for a living understood that at some point in these kinds of events, the party’s over.

    Now, I read, and see video of you being banged around by a bunch of asshole security guards.

    Were they assholes for doing what they did to you? I would say so. But who’s the bigger asshole, them or you, for putting yourself once again in a situation where you become the “victim” of brutality by ignorant people?

    How many “fights” have you had with these security guards? And for what? How much money have you made from the photographs that you took during those events?

    Now, I understand all abut principle, and about standing up for your rights, but how come in a city full of photographers that you seem to be the only one that consistently keeps getting arrested for “standing up for your rights?”

    I appreciate and respect your desire and commitment to having undertaken the whole issue of press freedom, and all of the issues surrounding the right to take photographs in public places. but I really think that you personally have to rethink your continued need to be the poster boy by putting yourself either consciously or perhaps unconsciously in these positions to get arrested or assaulted.

    I travel on Metro Rail and Metro Mover and take photos at least a couple times a year – I did it in December scouting locations for a TV commercial and I’ve never, ever had any problems or had anyone confront me, and I take photos from inside the cars, outside the cars, or the platforms, on the streets, and when I’m through, I just keep moving on.

    Perhaps you need to consider moving on from this thing that you’ve developed with Metrorail and the stupid security guards, because even from afar, it’s obvious that you have become the Ying to their Yang.

    And as for all of your posters who aren’t “journalists” but like to talk about the First Amendment and activism, go out and get a life. Being a journalist is hard fucking work, and it’s been my experience as a “journalist” and an “activist” that a lot of people like to talk about the First Amendment, as long as it’s their definition of the First Amendment that they talk about.

    Truly pal, you need to chill, because no matter how legitimate your argument is that you got bounced around by a couple asshole security guards, you’ve been down this same road with these same folks too many times now for it not to be considered by many as one time too many.

    al crespo

    • Comedy

      Har Har!

      Nice try, asshole.

      Let me criticize Carlos, tell him to move on, and his readers to get a life, but let me slip my link in here anyway, since he’s actually got an audience.

    • Virtualfrog

      So what you are saying is that Carlos should become a sheeple like others? He should say that they have done it so many times that they are now right? You want to give a few the right to control because they continue their criminal ways? Carlos is far from the only one to stand up for their rights.

      Take down that website of yours and crawl into a hole as per your own advice.

    • Fotaugrafee

      Hey, I think one of the boot-licking pansies outed himself!! Yee-haw.

      Here’s an idea, for every Carlos there might be in the city of Miami alone, there are dozens…HUNDREDS of others who are being browbeaten by some dickbag with a badge. Perhaps only you sit around the city of Miami, but I take photos of trains which I sell to collectors (non-commercially). I’ve shot all sorts of subjects in that field, including switching operations near chemical plants.

      The principle isn’t about going against one faction (MetroRail or MDPD in this case), but stopping this harassment nationwide, at ALL venues, from ALL rent-a-cops and clueless LEO’s.

      • alcrespo

        Oh my!

        I’ve been outed by Virtualfrog, Comedy and Fotaugrafee as a “sheeple” supporter an “asshole” and worst of all “a boot-licking pansie.!”

        All for expressing an opinion that differed from their own exalted views of the world, and of Carlos Miller.

        Gosh, I guess that means I must go in my closet and break out my old Nazi uniform, because clearly anyone who disagrees with these three guys has got to be against, motherhood, apple pie and all that America stands for, starting with the First Amendment.

        So just to sent the record, first, my name is Al Crespo, the same Al Crespo as in Al Crespo, vs. The Los Angeles Police Department, the landmark federal lawsuit that forced the LA police department to radically revamp the way they treated the news media when dispersal orders are given to clear an area during civil unrest.

        My colleagues and I – all of us were the news media – were shot and/or beaten during the 2000 Democratic Convention, and we did something about it. We sued the cops and we won! I was an AP shooter who got shot about a dozen times.

        So, if you think that because I suggested to Carlos that going back to the well to continue getting in beefs with stupid rent-a-cops means that I condone folks being fucked over for taking photographs in public places, think again.

        I’m willing to bet that I’ve had more gear broken in street fights with cops, anarchists, and other dickheads trying to stop me from taking their photographs than I suspect you three have collectively owned.

        I’ve known or worked alongside just about every famous, and not so famous photojournalist in most of the Western World in the last 20 or so years, and while on occasion one of them has been arrested, it’s been because they were out in the street putting themselves on the line making real pictures in real and often dangerous situations. No one, and let me repeat that, no photojournalist that I’ve ever known has been arrested as many times, or for such petty, stupid bullshit as mud wrestling with a bunch of stupid rent-a-cops as Carlos has.

        Mud wrestling with the same group of rent-a-cops over and over does not automatically equate with being a champion of free speech and the First Amendment.

        I don’t dislike Carlos, I actually like him, and I think that his efforts in maintaining his blog is both important, and a sign that he has a real commitment to the cause.

        My problem is that with this latest event I think that he has gone to the Metrorail station one time too many to make this just an issue of freedom of speech or the First Amendment.

        That’s my opinion. I made it, and I’ve always had enough respect for freedom of speech and for Carlos to sign my real name to what I believe.

        You 3 guys on the other hand obviously believe that your opinions are so bold and dangerous to the big, bad government, that you have to hide behind “Virtualfrog,” “Comedy” and “Fotaugrafee,” because if you let anyone know your real names that same big, bad government will probably send black helicopters to snatch you up before you can convince everyone that your view of the world is the only one that’s valid.

        If you don’t have to courage to stand up and own your statements, then you’re part of a far larger problem in this country that has turned too much of public discourse into nothing but stupid people saying stupid things, as long as they can say them behind fake names!

        Of course, I doubt you’ll agree with that, because you think so highly of yourselves that you chose “Virtualfrog,” “Comedy” and “Fotaugrafee,”as your alternate personas.

        Instead of Carlos going to a Metrorail Station again, why don’t you three guys go and mud wrestle with the rent-a-cops. Make sure you give them your fake names when they arrest you so that we know it was really you.

        al crespo

        • Comedy

          All I did was point out how you put your link at the bottom of your negative comment, in full asshole style.

          But cool story bro! Tell it again!

        • Carlos_Miller

          Al, are you saying I should just give up my right to ride the Metrorail because of my history with these guards?

          I just wanted to go home that night. We were taking pictures as we waited for the train. We were told not to take photos from the loudspeaker. I turned on my video camera because I figured they would confront us.

          When they did, the guard started spouting laws that don’t exist.

          I questioned these laws and that’s where it all started.

          I guess I should have just said, “yes, sir,” when he said don’t take pictures of the track, but I have a hard time doing that when he is saying something that I know is not true.

          I’ve dedicated myself to this issue, Al. It may have started off by accident by getting arrested while on assignment for taking photos, but since then, I realized there is a huge issue out there and something must be done.

          I guess I could do what most people do when they get arrested for taking pictures and beat it in court and just put it behind me and not worry about anybody else, but I find that hard to do when so many people are getting arrested and threatened for using cameras and the mainstream media doesn’t find this to be problematic.

          This latest incident may seem beneath you as I was not on some high-paying assignment for a large news agency, but my blog receives just as much readership if not more than some of those agencies, so I treat every one of these incidents as a newsworthy event.

          The bottom line, I wasn’t breaking the law. They did.

          • Difdi

            It is a newspapers’ duty to print the news and raise hell.

            Updated for the 21st century, that would include bloggers.

        • Clark

          Have you ever thought that he uses the Metrorail for actual transit? Unless Carlos indicates otherwise, the story was that he was there, for transit purposes, saw something neat so decided to snap a picture of it, and was assaulted for his troubles. He didn’t walk up to the security desk, shove a camera in their faces, tell them they can’t touch him because of the First Amendment to elicit a response. He was doing what most people do when they see something interesting, take a picture of it, nothing more, nothing less. That’s like saying because you have a problem with the local police, you should stop leaving your house because that’s somehow trying to elicit a response.

        • Virtualfrog aka Greg Young

          I congratulate you on
          your actions in 2000. What have you done since them to protect your fellow
          photographers? Have you noticed that
          things have drastically changed in the years since? They have gotten worse.
          Have you noticed that the police and others are no longer willing to talk to so
          many people across the county? They simply false arrest and say “Let them take the ride.” Carlos has picked up where you have given up. Your attitude of “let it go because this little tussle is beneath me” is a dishonor to all us little (normal) people. Most are not pros. Most are just everyday people that enjoy taking a few pics. Nothing great just a hobby. We get upset when told a lot of BS due to the old and very faulty excuse of supposed terrorism.

          But you and others like you can ride the fame of “winning one” for all it’s worth. It seems that with that win so long ago you have accomplished no notable change. The problem is worse than ever. It is not only the small fry that, although not seeking a problem, continue to get the problem thrown at them.

          This time is was simply a tourist picture by the friend of Carlos. What about the next time when the pro from the TV station, news paper, or other medium is stopped and/or attested for doing their job? Where will you be then? It happens and you will find yourself back at square one if you don’t
          speak up.

          You seem to be very thin skinned for such a hero of photographers’ rights.

          Avoidance does not cure a problem it just puts it off for another day.

          BTW: I use the nameVirtualfrog because it was given to me by my grandchildren and I don’t know anyone else that is using it. Using Greg Young means nothing since there are so many around. I don’t hide behind and one or anything.

        • Bryan Broyles

          Al, don’t bother. Carlos bemoans that because everyone doesn’t agree with him on how the issue was handled, that “Much work needs to be done.” Sorry, but it’s easy to agree with the broad issue, and not the particular. You’ll not convince him or his followers that there are better ways to get to the end result.

    • Luc

      alcrespo, just because you choose to move with the herd like a little pussy, doesn’t make Carlos wrong or bad. Carlos was just waiting to go home, not incite an incident. What is Carlos to do, drive his car and hide his camera.

      Should Carlos act like a little pussy and only hang with the herd of so call professional photographers like you. Afraid to venture from the heard, unwilling to confront so called authorities. We already have too many pussy heard mentality journalist, we don’t need Carlos to become one also.

      Who’s the bigger asshole, Carlos or you, I say you. I’m sure Rosa Parks had fair weather friends like you, who verbally bashed her for being a trouble maker and not toting the line. As a so called professional photographer and journalist you should be ashamed of yourself.

      As for me I’m not a professional photographer, journalist, or activist. I do fight for our rights, and I’m an activist who has been arrested several times for exercising our rights. When those who presume authority over me are wrong, I don’t back down and neither should Carlos.

    • Sandman

      Al, its a matter of right vs. wrong. When a person is acting within the law their actions MUST NOT be curtailed by anyone…be they LEO’s or Security Agents. Does Carlos sometimes put himself in harms way to test the reactions of the same…absolutely. But again, he is not acting outside the law.

      Questioning authority is as American as apple pie. It is the responsibility of LEO’s and Security Agents to know the law and the limits of their authority. Nobody is saying YOU must questions authority, but please don’t denigrate or question the motives of those that do. Based on your comment, you would have likely recommended Rosa Parks just move to the back of the bus.

      • Tom Jankowski


    • Carlos_Miller

      Al, I thought you were smarter than this, but obviously not, so let me spell it out. This blog has become my full-time job.

      You scout. I stand up for my rights.

      Keep moving on. But don’t try to belittle me for refusing to do so.

    • Nostromo526


      Would you have been in violation of Code 30B-5(2) or Ordinance Sec. 2-11.14(2)(iii) if you were taking scouting photos in the same location Carlos had his incident?

    • Pod

      Al, it’s people like Carlos who keep assholes in check. Even me. I just flew off the handle on a commenter above and I’m expecting a scathing email from Carlos, i.e. “hey, chill, we’re not trying to get the FBI involved here!” There’s an old parable attributed to many people but the most accurate source is probably Martin Niemöller –

      First they came for the communists,
      and I didn’t speak out because I wasn’t a communist.

      Then they came for the socialists,
      and I didn’t speak out because I wasn’t a socialist.

      Then they came for the trade unionists,
      and I didn’t speak out because I wasn’t a trade unionist.

      Then they came for me,
      and there was no one left to speak for me.

  • Guest

    As for the many comments siding with the 50 State Security and/or against your motives/methods let me say this, There is no end to the number of “paid/professional shills” present on the internet! Their sole purpose is to confuse/disinform others concerning the subject matter being presented! Additionlly, since LK Day has only just recently passed, allow me to add this quote: “Rarely do we find men who willingly engage in hard, solid thinking. There is an almost universal quest for easy answers and half-baked solutions. Nothing pains some people more than having to think.” ~ Martin Luther King Jr. – n.d. (Five Millennia of Prescriptions for Spiritual Healing)

  • Phillip D Breske

    The problem I see is that you don’t adhere to the standard recommendations for interactions with the police. Instead of talking to them when they approach, just ignore them or say, “I don’t answer questions.” Just keep repeating that four word phrase and they have no reason to fuck with you. (In fact, you’re doing them a favor, as all they have to recall when writing their report is “the suspect would only say, ‘I don’t answer questions.'”) As soon as you start talking or arguing with them, you open yourself up to all kinds of potential abuse or mischaracterizations.

    The only questions you should have for them are, “Am I being detained?” and, “Am I under arrest?” And that’s all.

    Did you really think for one second that you were going to be able to tell these security officers about the law and that they would suddenly realize how wrong they were and just leave you alone? The only way you win is by not helping them, and the only way to not help is to keep your mouth shut. Every word out of your mouth is going to be used against you, if not in a proper courtroom, then certainly in the court of public opinion, as you’ve already learned.

    By the way, having a few drinks before a stressful incident does not help limit what you say. Just sayin’.

    On New Year’s Eve I was stopped for a burned-out license plate lamp. During the course of the incident, one of the two officers on the scene decided to lecture me about the placement in my vehicle of a firearm that I was legally permitted to carry concealed. Instead of arguing with him about what constitutes a failure on my part to comply with some law he was making up on the spot, I simply put out my arms to make it easy for him to put handcuffs on my wrists. In response, his partner told me that I was only being offered some advice to avoid being “jacked up” (his words) by another officer in the future. I told him, “It sounds like he’s telling me I’m doing something illegal. Am I under arrest?” The first officer said, “No, you’re not under arrest,” and nothing else. The conversation was over and he knew it.

    • Lefim

      While using the phrase “I don’t answer questions” is useful during the Consensual Encounter (Conversation) phase of a police encounter along with other useful phrases I’ve heard, such as “I don’t discuss my personal affairs” or “I don’t consent to this conversation”, we see just how rapidly the situation deteriorated when one really wasn’t expecting it. Most likely the guards had already decided to have Carlos removed from the premises before thay even approached, as alluded by comments in other threads regarding police decisions during stops and in acrobat reader page four (page 100 of the document itself) in the sidebar comments of this PDF: Hence the importance to have to police/guard speak first:

      While assuming Carlos’ true personality may had leaked through somewhat after consuming adult beverages (using the phrase “what’s on the lips when drunk is in the heart when sober”, though I doubt it here), and assuming the guards may have limited arrest powers as “Special Conservator of the Peace” like that used for certain security guards in Virginia (I doubt that as well but I could be wrong about Florida), there is no excuse for the guards for trying to shove Carlos down the stairs (especially after the incident of the girl in a previous thread), nor that of attacking the second cameraman. In my humble opinion a reasonable judge would see that attack as well as the first remarks by the guard saying no photography of the tracks as prior restraint and abuse under the color of law (whatever limits they may have to posess).

      • Phillip D Breske

        First, I believe the Metrorail security officers (here, 50 State) do have arrest authority.

        If approached by law enforcement and they attempt to intimidate you into moving where they want you, I would submit that it’s better to just sit down in place instead of being forced into a dangerous situation like being pushed down a moving escalator. Ideally, you would sit down—in this case—on a bench on the platform and not get up when asked to do so. Then the police couldn’t say you were blocking the orderly flow of pedestrians. Still, you are under no requirement to help the police do their job, so you don’t have to walk to the police car if you’re arrested. Just sit down quietly and let them carry you away.

        Everyone should search for a video titled “Don’t Talk to Cops” on YouTube. In the first half, a lawyer asks a police detective in front of a classroom full of law students whether he had ever let anyone go based on the suspect’s pleads of innocence after he had already gained enough evidence for an arrest. His answer, of course, was no. So, when the police approach you, either they already have enough evidence to arrest you—in which case you can just offer your wrists and remain quiet—or you run the risk of giving them that evidence when you open your mouth. Either way, talking doesn’t help.

        I haven’t seen a video yet where someone who had been drinking—even only one or two beers—and was still able to curb their tongue when confronted by the police. If you’re going to go out for a few drinks with friends, don’t also decide to argue with the police. About anything. You will not win and it will be used against you.

        • Roy Stamps

          You have some good points, and yes. The Rail officers in Miami do have powers of arrest, or at least we did when I was a Miami Metro Rail officer. But when asked to stop, he should have stopped and they would have let him go on his way. But he had to push the issue. They don’t arrest people for their health. There is no quota they have to meet. They would rather not arrest anyone. But if they have to put their hands on someone he has to be arrested or its just as bad as assaulting him. On many occasions I would just escort someone from the station. But they were compliant. When they are not, you can assist them. If they resist, them you get what he got. It escalated because of his actions, not theirs.

          • Carlos_Miller

            You worked at Wackenhut, which got chased out of town for ripping off taxpayers.

            Your statements have no credibility.

          • Pod

            Roy doesn’t even fucking understand what we are getting at. Roy, as a rent-a-cop your duty is to observe and report, not act like a real cop. As citizens of this republic, people like Carlos and myself actually have more rights (and the responsibilities that go with them!) than you do when you are “on duty”. By having your D Licence or G Licence you actually abrogate some of your freedoms as guaranteed by the Constitution of these United States. Rent-A-Cop < Citizen. Get it?

          • Phillip D Breske

            To be fair, unless you have some knowledge or evidence of Roy Stamp’s ties to Wackenhut’s corporate misdeed’s beyond merely accepting a paycheck from the company, his opinion here has just as much “credibility” as mine or yours or anyone’s. Which is to say, this is still the internet and everyone who posts their opinion on this thread could be lying out his ass.

          • Difdi

            I am hereby “asking” you to stop posting, Roy. I have just as much authority to give you that order, despite your first amendment rights as a Metro Rail security guard does to prohibit non-commercial photography. Will you comply?

            If you don’t and I tracked you down and tried to shove you down an escalator, would you resist in any way? Would you be right to do so? So was Carlos.

            Title 18, Chapter 13, Sections 241 (conspiracy) and 242 (acting alone) of the U.S. Code make it a crime for any public official, which includes all government employees as well as elected officials to use the official authority of their position to violate any citizen’s rights. Whether those rights be civil, statutory or constitutional is irrelevant. The FBI refers to such a crime as a Color of Law offense. If a security guard is employed by a municipal corporation like Metro Rail and has arrest powers beyond those that any citizen has, then he absolutely is subject to this law.

            Up to the murder attempt (shoving someone down an escalator is attempted murder), those guards were guilty of a criminal offense punishable by a $1,000 fine or a year in federal prison or both. After the shove, all three (conspiracy) were guilty of a crime punishable by a $10,000 fine or 10 years in federal prison or both. That completely ignores the state laws against attempted murder, aggravated assault, false arrest, etc.

            Carlos, on the other hand, did not violate any laws. Public intoxication is only a crime if coupled to endangering the public. Exercise of constitutional rights is not endangering anyone. Disobeying an unlawful order is not a crime, especially if the official issuing the order commits a crime himself by issuing it.

          • Phillip D Breske

            I love that: “When they are not [compliant], you can assist them. If they resist, them you get what he got.”

            You can “assist” them, eh? Hah. I seldom read the word “assist” used as analogous to “force.” I suppose that’s how it’s written in the training manuals.

          • Difdi

            I am a student of Ki Society Aikido. If someone tries to shove me or tackle me, I will assist them in getting to the place they are rushing to with such haste. Of course, it would be rude of me to impede their progress by standing in their way, so of course I will clear myself from their path.

            Less flowery: If someone tries to shove me down the stairs they’ll beat me to the bottom.

          • Carlos_Miller

            Stop what? Photographing the rails? Or recording the interaction?

        • Lefim

          “First, I believe the Metrorail security officers (here, 50 State) do have arrest authority.”

          Found an authority that shattered that belief:

          VII. USE OF FORCE

          a. Licensed security officers are not law enforcement officers and are not granted any police powers regarding arrest or use of force.

          Section 493.6118(1)(i), F.S.

          c. Non-deadly force may be used by a security officer to the extent necessary for self-defense or defense of another against the use of unlawful force or to prevent or terminate trespass or “interference’’ with property the security officer has a legal duty to protect.

          Section 776.031, F.S.

 , Page 10

          • Pod

            For defensive purposes only. And even then they better have a damn good reason to use force, which these assclowns didn’t. Again, security guards have even less powers when they are on the clock than your average citizen. In Florida, as it stands now (let’s leave whether it’s right or not for another debate) I can shoot someone and get away with it if I feel my life is threatened. These tin badge pretenders can’t even do that. Roy, put your prone-to-jamming popgun away, radio it in and let the real cops sort it out. As a matter of fact, you assclowns shouldn’t even be authorized to have weapons. 50 State walks a fine line. The same statutes Lefim quotes also outline the fact that security guards can’t resemble real cops. If I were running the show, Roy and his ilk would wear green jumpsuits or something similar to avoid confusing less-informed citizens.

          • Lefim

            It’s a little more than just self-defense. Parsing paragraph c, above, it’s:

            self-defense or defense of another against the use of unlawful force OR …

            prevent or terminate trespass OR …

            “interference” with property the security officer has a legal duty to protect.

            … unless the guard felt bad breath is unlawful force – Carlos, you gotta chow down on them breath mints, man! (/sarc)

            Oh, I didn’t mention paragraph b because it didn’t apply here. But, for compleatness it’s …

            b. Deadly force may never be used by a security officer except in self-defense or defense of another from imminent death or great bodily harm. The use of deadly force to protect property or to prevent property loss is prohibited by law.

            Section 776.012, F.S.

            Paragraph d on detensions …

            d. Security officers in the employ of, or contracted with, retail establishments, who have probable cause to believe that retail theft has occurred, have specific statutory authority to detain shoplifting suspects until law enforcement can respond to make an arrest. Law enforcement must be called to the scene immediately.

            Section 812.015(3)(a), F.S.

            … I don’t think the establishment was selling trains.

    • Roy Stamps

      When a person is right I am the first to say it. You are right in so many ways. But this guy wanted this to happen. He had done it before and was just trying to bring more ammo to his cause when he went to court. That’s it plan and simple. The way you handle Police is perfect. And if you did do something wrong, chances are you will walk because you have a decent attitude. Its all great to talk about the rights that we as people have, but the last thing i’m gonna do with five officers of any kind around me if give them shit. What kind of fool would I have to be to do that. Maybe I would be a Carlos fool??????

      • Difdi

        It’s kinda like the difference between a police sting operation and unlawful entrapment. Carlos essentially ran a legal sting on the security guards. If they had chosen to obey the law and the official policy of their employer, it would not have given Carlos extra lawsuit fuel.

        All they had to do was not break the law. All they had to do was stick to their own employee handbook and Carlos wouldn’t have had any extra ammunition to sling at them in court. But they didn’t want to do that, so they committed multiple crimes.

        Roy, just because someone is in uniform doesn’t make them right. If everyone in the country were as “right-thinking” as you are, we’d still be a member of the British Empire, assuming we hadn’t surrendered to France, Spain or Germany at the first sight of a uniform.

        • Phillip D Breske

          I agree with you on some points, but to think that you’ll be better off in court by employing tactics that elicit brutality from law enforcement is folly. Sure, they’re wrong and you’re right, but they are “professional witnesses” and what they say in court is more believable than what you say, even when you have video evidence to the contrary. You can tell the judge and jury that you were forced to fight them when they attempted to push you down the escalator, but the police will say that you tripped instead of being pushed and they were only trying to subdue you when you attempted to assault them. I know it’s wrong and you know it’s wrong, but there is an even chance that a jury of your peers (people chosen by your lawyer and the prosecutor for their lack of intellect) will believe them instead of you. Do yourself a favor and just do nothing and say nothing. Instead of trying to get more ammunition for your case, just deny them ammunition for theirs.

      • Carlos_Miller

        Roy, even if I “wanted” this to happen, which is not true, how would that justify the attack?

        I’m going to make sure these guys never work as security guards again.

        They better start learning a new trade.

        • Clark

          I’m thinking license plate manufacturer would be a good one for them…

          • Difdi

            Or making lots of large rocks into even more little ones.

          • Lefim

            Got a brother-in-law who said road-paving and rock-leveling jobs are all but tanked in Florida. How about them going off the west coast of Florida to find and mop-up all that oil that leaked in that disaster years ago in the Gulf?.

  • Phil

    Keep up the good fight, Carlos….

  • Roy Stamps

    I just watched your video, I used to work on the Metro Rail in Miami also from 2001 to 2004. You got off lucky. As back when I worked the rail, you were given two warnings. If you didn’t comply with what we instructed you to do you would have been arrested for trespassing. Its obvious that you have a problem with authority. The rules are there for a reason. Terrorist down load video like the one you were shooting and you save them the trouble of doing what we call a hostile recon. If you were trained to know what we as Metro Rail officers know, you would know why we don’t want you to film up here. Now some dirt bag, that did not want to be caught on cameras can see your footage and make plans for an attack of some kind on the rail all because your ignorant ass wouldn’t just follow the rules like thousands of people do everyday. Its not the job of these officers to tell you why they are doing what they re paid to do. Whilst they are wasting time with you, someone else could need their assistance. If you are a responsible individual, you respect other peoples authority on the property that they are responsible for. The reason you are getting back lash from other photographers is because if you had a legitimate reason to be filming you would get permission and then you would not have a problem. You make it hard for people to respect a camera man therefore you got what you deserve. If I came to your house and acted an ass you would do the same. Grow up.

    • Common Sense

      Sure sounds like your the one with the authority problem! Abuse of authority that is! LOL, yep you are right though, I went to al-Qaeda’s website and you are correct, Miami’s metro rail is definitely listed as a target! Have you heard of Google Earth? Did you even watch the video and see the photos that were taken…they were of SURROUNDING buildings! The only video was of the ABUSE by the “security guards.”

      As photog’s we don’t really care what “you want!” Its about a little thing called the Constitution and rights!!! It really might be worth reading it sometime. It sure would TEACH YOU what OUR rights as US CITIZENS are. Its people LIKE YOU who cause the problems because you have the problem with AUTHORITY….you CAN’T handle it!

      Your right about one thing, they WERE wasting their time with Carlos! There could have been someone else needing their assistance, like for directions. The wannabe’s simply did NOT like the fact that someone knew the LAW, they DID NOT, and they didn’t know how to handle the TRUTH. Sooo, they resulted to plan B, are you drunk?

      Now as for these rules that you mention, where are they? Are they posted? Funny how Miami-Dade says it is NOT illegal for photography at the Metro!

      Face the facts, your were just a SECURITY GUARD, aka WANNA BE COP, who had no AUTHORITY and NO ARREST POWERS! Therefore, you must have NO COMMON SENSE when it comes to legal matters and do NOT understand the law as is! Please do us all a FAVOR, go back to giving directions.

    • Difdi

      “Critics who treat ‘adult’ as a term of approval,
      instead of as a merely descriptive term, cannot be adult themselves. To
      be concerned about being grown up, to admire the grown up because it is
      grown up, to blush at the suspicion of being childish; these things are
      the marks of childhood and adolescence. And in childhood and adolescence
      they are, in moderation, healthy symptoms. Young things ought to want
      to grow. But to carry on into middle life or even into early manhood
      this concern about being adult is a mark of really arrested development.
      When I was ten, I read fairy tales in secret and would have been
      ashamed if I had been found doing so. Now that I am fifty I read them
      openly. When I became a man I put away childish things, including the
      fear of childishness and the desire to be very grown up.”
      — C.S. Lewis

      As for me, I prefer to be a good citizen rather than a mindless bootlicker.

    • Luc

      Ding, fries are done! Hey Roy Stamps, get back to work before you burn the fries. Fucking dipshit…

    • squintaroony

      Which terror attacks have been facilitated by downloads of photographs of publicly visible places? Which terror attacks have depended on photographic recon of publicly visible structures?

    • Clark

      I hope Carlos gets your IP address, then subpoena’s your identify from your ISP to use in his lawsuit as a hostile witness who has knowledge of Metro Rail practices and can show how stupid they are.

      • Carlos_Miller

        In fairness to Roy, he appears to be using his real name.

        Judging from his FB page, he doesn’t appear to be a bad guy.

        He’s just extremely uninformed, which shows the problem we’re facing.

        • Elliott Whitlow

          Extremely uninformed is reserved for those willing to learn, i have read NOTHING to indicate that is true.

          It would seem that since he lives in Chicago that gunfire from criminals unwilling to follow the laws would be bigger problem to him than photography..

    • Freedom_Fighter_of_America

      There’s one little point you are missing. IT DON’T MATTER WHAT YOU WANT OR DON’T WANT. No matter how much you want to infringe upon someones rights, that’s not your job. Are you a terrorist Roy Stamps? Because from where I stand, you hate our freedoms, and I keep hearing from the government that the terrorists hate our freedoms. Another point you are missing, HE DOESN’T NEED PERMISSION FROM SOMEONE. He already has it, it’s called the First Amendment, again, no matter how bad you want to infringe upon someones rights, YOU CAN’T DO IT, THAT’S NOT YOUR JOB

  • Roy Stamps

    Also, everybody is talking about the rights of the journalist. What about the rights of the mother and her child that have to take that train? Because of people who think they have the right to do what they deem right when they want to, that footage gets out and into the wrong hands and is used to help plan an attack and then whose rights get infringed upon. There is a Rhyme and reason for why there are rules like these. And just because you don’t know what they are does not make them unconstitutional or unjust. There are times when you just have to go with the flow. On the Metro Rail is one of those times. The place is dangerous for a start and that’s why the yellow stripe is there. That’s why there are Officer’s stationed at each location. They provide a valuable service to the public. And then we get a (for lack of a better word) dick head like this guy who wants to prove a point at the risk of human life because he was too short sighted to see the whole picture. What a complete tool. The year is 2013. They have been flying plans into buildings for years now. Trying to damage the rail is not that far fetched. So think before you drink and take the train. And if you can’t follow the rules, find another way to get home.

    • Difdi

      Where, in the constitution, is that right of absolute privacy in a public place protected? I’ll wait, but you won’t find it. You will however find a little thing called the first amendment. Your (or that mother’s) neurosis is not a right, but the ability to document things happening around you for later journalistic or artistic commentary, on the other hand, IS such a right.

      By your argument, Metro Rail itself is enabling a terrorist organization, because they publish pictures of their tracks on their website. So is Google for that matter, thanks to Street View.

      The rules (statutes, the constitution, even Metro Rail’s own policies) say Carlos had every right to photography where he was taking pictures. Being a little buzzed and riding the train home instead of driving is not against the law either. Aggravated assault, conspiracy against rights, attempted murder, battery and false arrest however are ALL against the rules.

      Those who can’t follow the rules of this country should either find another country to live in, or get used to small rooms with bars.

    • Clark

      “They have been flying plans into buildings for years now.” Who is they, and what plans have they been flying into buildings? Businessmen who bring financial plans to their bosses after flying there? I’d consider that walking into the building…unless they take a private helicopter I guess.

      Oh you mean PLANES! Well, the last one was over 11 years ago. Time to get over it. Incidentally, the law rarely has restrictions on what *might* be done, only on what has been done. Otherwise, we should arrest the book publisher who enabled the guy to beat someone with that book by publishing it.

      • Difdi

        On the other hand, I have little trouble imagining men very much like those security guards flying planes into buildings. They sure went out of their way to terrorize Carlos.

    • Carlos_Miller

      “Valuable service to the public” ?

      Funny guy.

    • Difdi

      One problem with your rant, Roy: There are no rules against what Carlos did.

      What rules there are about photography in rail stations are pretty clear, and he was obeying them.

      On the other hand, there ARE rules against assault, battery, violating constitutional rights, lying to police and false arrest.

  • Difdi

    Without a court order, how exactly can a tax-payer be banned from tax-funded public transportation?

    Even more so if he has not broken any laws, not violated any rules or regulations of the facilities, and has already paid his fare.

  • George Freeman

    The Wackenhut troll does provide some entertainment. Some of us won’t stop the videocam for any reason and being arrested is better than being a sheep. Litigation ongoing.
    Great site, Carlos

  • squintaroony

    You’ve been criticized for being a provocateur, but I don’t get it myself. The responsible way for authority figures to handle provocateurs is to not respond to the provocation. And lawful, peaceable behavior should never be considered provocative.

    @ Roy Stamps: the point is, he didn’t NEED permission, he wasn’t breaking any rules – there is no rule that forbids him from photographing from the platform. HE WAS NOT breaking any rules. Whereas the 50 state security guards broke a number of laws. Get it? Carlos Miller broke no rules. The guards who attacked him were the ones breaking rules. The guards were behaving unlawfully, not the photographer.

    (BTW Carlos that picture is hysterical. It looks as though the guard is pulling you into the fabric of the escalator, like you’re about to sink into the shiny surface and disappear. Very twilight zone.)

    • Difdi

      If being a provocateur made you wrong, then police sting operations would result in a 100% acquittal rate.

      Carlos may have been provocative, but he was wholly within the law in every way as he did it. All the security guards had to do to turn his slightly abrasive personality into a non-issue was to obey the law and the policies of their employer. They chose not to do either one, and now we have video of Carlos having his body assaulted and his rights violated.

  • dollym100

    keep up the good work

  • io-io

    As I remember reading here and on other articles, MetroRail has acknowledged in the past that photography legal in their public spaces (owned by the County). They have even reached an agreement with the security company providing the security guards – 50 States, that retraining of the guards was necessary on public photography issue. Then this incident occurs. The 50 States security guards have already been retrained in photography, they are security guards and have no arrest powers – beyond that of ordinary citizens – “citizens arrest” but we now sit here and watch a detention and aggravated beat-down of a citizen exercising their Constitutional First Amendment rights.

    This has to be a very clear cut case – open and shut. MetroRail is at fault for not ensuring their policies are not being correctly and evenly enforced by the 50 States company. The largest two culprits here are the company, 50 States for their corporate response by their agents – the security guards, and the individual security guards themselves. I am sure that 50 States will argue that the individual security guards were operating outside the corporate guidelines – so that 50 States will not be renamed to 50 Carlos, when Miller assumes ownership of the company. The main question I have is how large the judgement will be in Miller’s favor. Just what is a citizen’s Constitutional rights worth when they are violated in such an forceful aggravated physical manner? Also, I am wondering if in the 50 States contract, there is a clause providing that MetroRail will indemnify/insure 50 States against legal actions such as the ones Miller has pending.

    Why were the security guards were not arrested by the responding police? Did Carlos desire to prefer charges against them? No wonder the police officers did not want to watch the video.

    • Difdi

      And not just violated once, but several times by multiple security companies employed to guard the same facilities!

  • Perry Mason

    To Roy Stamps the USA marshall of the supreme court (the excatedra voice of the legal sytem of Syngapore) I am totally overwhelmed for your loyalty to the democratic laws of Syngapore and the nazy/german legal system and the Stalinistic rules and goverment..What can we expect from some one like you that, if you had a brain you would be more dangerous to a free democratic society

  • Chuckkel

    Any activist who intends on challenging the police should be carrying a pen camera to fully document these encounters in a stealth manner.

    • Difdi

      Except in Massachusetts, where use of such a device is a felony.

      • Elliott Whitlow

        True, but doesn’t his main camera negate that point, a backup doesn’t change the fact that there is open recording. Didn’t Ademo kick their ass on that topic recently? If that is your only camera then yeah, you might be in trouble..

  • squintaroony

    Those commenters suggesting they’d have used force against the guards – via aikido or “second amendment” rights or whatever – should consider how much worse off Carlos would be, and how much harder his claims would be to prove, if he had used force against the guards. I applaud his restraint, and his choice to pursue legal remedies against the guards instead of forceful remedies. If he’d started swinging or shooting or shoving, the situation would have deteriorated even further – and resulted in new charges against Carlos. Charges he might have beat, but not without his life sucking for a long time while he fought them.

    • Difdi

      Courts have ruled that it is a lawful use of force to resist excessive force by a police officer (Plummer v. State). A police officer has greater authority to use force than a private security guard. If an officer may be resisted under certain circumstances, then a security guard certainly can under those same circumstances.

      Shoving someone down a moving escalator is aggravated assault at best and probably attempted murder. Doing so to an unresisting person who is offering no threat of violence while enforcing an unlawful order to stop exercising constitutional rights cannot be anything but excessive force.

      Forceful remedies are not always unlawful remedies.

      • squintaroony

        That’s not the same thing as saying forceful resistance would have been appropriate, or helpful, in Carlos’ metrorail scuffle. I believe it was the right choice to pursue legal, rather than forceful, remedies against those guards in that situation, even though they were using unlawful force. Forceful resistance, as advocated by a couple internet tough guys, wouldn’t necessarily have been unlawful, but it would not have been as helpful to Carlos’ personal cause or first amendment/photography activism. And it would have ended with Carlos suffering worse injuries than the scrapes he sustained, the guards possibly injured, and charges much worse than the bogus noise citations the police gave him.

  • AL

    that’s crazy. good for him standing up for his rights. keep doing nothing and next they will be coming for YOU.

  • masmaI

    Carlos – check this , they used force or acts of violence, go after their license and go after employer’s 300,000 general liability policy.

    The proper procedure is to wait for police to arrive which you suggested in the video before the battery of your person. You had every right to not follow their unlawful order. Their escalation to violence will be the kicker… good thing you had the cameras rolling or it would have been he said, she said bull.

    The you were drunk…. is pure red herring especially as you disclose the yellow line is a violation of law or policy, hence proving sobriety and respect for your surroundings… Get active file complaint with miami dade commission asking if they condone or condemn this brazen behavior. If they clam up and say nothing then they condone; and hence list them in their individual capacity in suit. File criminal complaint for assault and battery, if local PD don’t take or try to BS take it to your circuits DA.

    Not a lawyer but do know the law. Attacking litigants is grounds for sanctions in your current case; again talk to your lawyer to confirm he will know best as you have retained him. Put the video in front of the current judge and be sure to file with the defendant so that there is no Ex parte talks without the other litigant. I see no excuse for this thug behavior on the tax dollar.

    Again not a lawyer so use for educational purposes…

  • Mark Woodworth, Ph.D.

    KEEP UP YOUR GREAT WORK! We are on the cusp of Fascism. I respect what you are doing, and if in a similar situation, I hope to stand by my rights as well.

  • Capn_amurka

    Is there a way to view the comments with the comments from R. Stamps redacted? Each thread would be shorter and at least as edifying that way.

  • James Pratt

    Go Carlos. You are an inspiration to a lot of photographers.

  • Nostromo526

    Roy Stamps = Bizzaro Carlos Miller

  • PhilPop

    You’re a journalist and an activist. Frankly, after following you for two or three years, I think of you more of an activist than a journalist.

    Regardless, I’m very liberty minded and appreciate you standing up for your rights. When you stand up for yourself, you stand up for all of us. The attitude of keeping the cop, or in this instance, the rentacops, happy and just do what they say has got to stop. They work for us and it’s damn time they stopped the harassment for things that are legal. It’s about time the administrations of police forces and other security forces train their employed to follow the law.

    • Barking Dog

      I thought about that too. He’s not trying to please the taskmasters at the NY Post and Daily News as I have to.

      Decided he’s a journalist about his activism. I mean you’re here reading this aren’t you?

      And this does have impact as he knows the cops watch this, so he qualifies as a journalist.
      Doing a job none of the “real” ones dare

  • Bridgett Cash

    I have noticed, especially among some of your “fans” that people are real sheep. They back down at the first confrontation and then try to excuse the illegal behavior. Anybody can get a camera and take pictures but only someone with courage with stand up to the bullies. So for your “fans” whether they be regular citizens like myself or professional photographers, I say grow a pair. Stop being such chicken shit cowards and defend your rights. If you can’t manage the guts to do that then stay out of the way.

  • Seamus Ruah

    Does Roy Stamps work for 50 State? I wonder what IP he is at…

  • Barking Dog

    This is the first I’m seeing your new site. As I was thinking about how to supercharge it, I looked at the main pic. As it looks like you’re surrounded, one looks stupified so it’s not clear what they are doing.

    I think the one with the guy around your neck is much better because there’s no mistaking what’s going on there. Short and to the point.