MBTA Photo Policy Leaked Released

Just over a year ago (in June 2006) the ACLU threatened the MBTA with a lawsuit, alleging that their unwritten policy against amateur photography on the nation's oldest subway system was unconstitutional. Specifically the ACLU asserted that it was a violation of the first amendment rights (free speech specifically, though a fair argument could be made for freedom of press, we challenge you to give us a legitimate application for freedom of religion.) The struggle has continued for amateur photogs on the T. According to the TransitPolice.com website, home of the T Police on the web, a policy regarding photography on and of the T system has been posted.

In order to provide the highest level of security to its customers and employees, the MBTA requires that any person on or in MBTA property or vehicles taking non-commercial/personal use photographic or video images, including, but not limited to film, digital, or video recording (hereinafter referred to as “pictures”) of MBTA property, vehicles, or employees, must provide proper identification (see Part IV, Procedure) upon request of an MBTA Transit Police Officer or other MBTA Official.

Any person observed taking pictures on, in, or of MBTA property, vehicles, or employees who refuses to provide proper identification to an MBTA Transit Police Officer or other MBTA Official upon request; or any person observed taking pictures on, in, or of a restricted area (i.e. an area not open to the public) will be directed to stop taking pictures and will be subject to additional law enforcement action as appropriate.

Any person wishing to take pictures for any type of commercial purpose or use, (e.g., movies, commercials, trade publications, etc.) must first obtain a permit from the MBTA Marketing Department.

The policy as posted still leaves a fair amount of discretion up to the MBTA official to determine if the area being photographed is "sensitive" or not. Identification – a state issued ID with name, address, and picture – is also required to be shown upon request. Amateur photographers still can't use tripods, monopods, or anything that might interfere "with the free flow of passengers or disrupting service in any manner." Commercial photography has been and will be subject to a different standard altogether.

Image of the Red Line tracks taken from the inbound platform at South Station fairly under the published policy for amateur photography, used here commercially. Is that a problem, Joe?