RE: [Leica] Documentary Photography 2003

["Austin Franklin" <darkroom@ix.netcom.com>]

Hi George,

> Joe and at various times 1 to 4 other
> security personnel, all young, big and brawny "detain" me for over an
> hour because some dad said that I photographed his son.
> > The security personnel would not allow me to speak with my loving
> partner, Ann, nor her with me. Their attitude and demeanor brought her
> to tears.

I hate to sound litigious after reading such a shameful story, but as far as
I understand it, legally, the security personnel had no legal right to
detain you, and you legally could have simply left at any time.  Otherwise,
it is, believe it or not, kidnapping.

> > Ultimately these security men said that I could not remain on the
> grounds with my cameras, even though no such rule is posted publicly
> nor printed in their brochure. Eventually the security personnel
> brought a Milwaukee County Police officer into the situation; and she
> informed the complaining dad as well as the security folks that I
> broke no law; that I have the right to photograph in this public
> place. However the security people continued to impress their
> authority upon me, stating that, "you cannot be on the grounds with
> your cameras."

Well, legally (again, as far as I know), they have no authority to do
anything, but, get a policeperson to enforce any laws that you are breaking.
The only time, as far as my understanding goes, that they have any authority
to do anything is if you pose a threat of physical harm, or are physically
stealing something (that's even iffy, BTW).  The ONLY thing they can do is
ASK you to do or not do something, and if you fail to comply, they can ASK
you to leave.  You CAN refuse, and then they have to get a police person to
remove you for trespassing...but if it's public land, then that doesn't work
as far as I know, as you're not legally trespassing.

> > After about an hour waiting for Ann outside the gate a pair of
> security fellows told me that I would have to leave the sidewalk or be
> arrested for loitering.

Again, these guys have no authority to arrest you what so ever...and you,
equally, have the same authority to arrest them for harassment...

That's a real shameful story...and I'm really sorry to hear that you were
put through that ordeal, with, from what I can tell, no just cause...and
even worse, by people who had absolutely no authority to be doing what they
did...and who will simply go on, doing what they do...with no repercussion.

Regards,

Austin

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