Archived posting to the Leica Users Group, 2002/01/29

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Subject: Re: [Leica] Re: Taking Photos in Starbucks
From: Bryan Caldwell <bcaldwell51@earthlink.net>
Date: Tue, 29 Jan 2002 12:35:29 -0800

On 1/29/02 12:05 PM, "Austin Franklin" <darkroom@ix.netcom.com> wrote:

> Hi Bryan,
> 
>> prohibit [taking pictures in private places]
> 
> What can they do to prohibit me?  What exactly does prohibit mean?  Can they
> physically take my camera from me or even remove the film and keep it, or
> even the camera?  Can they only ask me to not do it?  What, exactly CAN they
> do to prohibit me?
> 
> Austin
> 
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Austin,

They can do anything that any private property owner can do on their own
property, once the offender has been asked to leave and refused. The
situation is really no different than if someone came onto your front lawn
and began exercising their 'right' to speak and ignored your requests to
stop. They can ask the offender to leave and if he/she refuses they could
have the individual removed for trespassing. Trespassing can lead to
criminal prosecution (virtually every U.S. jurisdiction has some sort of
trespassing statute) and could also result in civil actions. I suppose that
there could also be civil (and possibly criminal) actions for circumstances
which interfered with the conducting of the business. Once removed, the
offender could also be denied admittance in the future.

As for taking a photographer's film, that is unlikely, although it's not
inconceivable that some sort of civil action could lead to an injunction
preventing its use - and certainly preventing its use for any kind of
profit.


Bryan

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