Tuesday, March 1, 2011


It has been a year to the day since I was banned via the universal trespass order from entering 67 Burlington business. I was banned for taking public photos of ordinary people. I was banned because some were irked at my "unsettling" decorum in public. They did not take kindly to the way I expressed myself and, when it became evident that I was not going to submit to their sense of etiquette, they acted against me with the only instrument at their disposal. Even after being banned, there was no further law nor ordinance to prevent me from taking photos on the public streets. Sure, I was harangued by the local authorities at work and on the streets, but no citation was issued nor any infraction logged.

Street photography is the ground-level documentation of the human condition as it presents in the public forum. It is the purest of proletarian arts. This sort of activity is, of course, not only culturally vital but - supremely - protected speech. So, with hesitation, trepidation and outright fear, I continued. I felt it my duty.

Today, marks the end of the one-year ban. I am free to enter any store or shop again, though I doubt I'll ever spend another dime in Burlington. Well, with the exceptions of Lezots Camera shop, Radio Deli and Radio Bean (thank you guys for your unwavering support.)

Ironically, like a plot twist in a shoddy novel, I was harassed today by the Burlington Police. Officer Dominic Brodeur explained to me in no uncertain terms that he knew that it was my right to take photos but, as he so tersely put it, "I don't want you doing it here." He explained that there were complaints, that I was "pissing people off" with my camera. There were other words exchanged, the most humorous was when he accused me of photographing him in his cruiser three hours prior. To which I responded, "That's not possible, I was at work. Call my supervisor, see for yourself..." But, I digress. The point being, that as Officer Brodeur walked off, I could not get out of my head a certain notion.

That notion was that perhaps a society - even one as small as Burlington - so willing to step on the rights of others - so willing to give up their own rights when they conflict with the whim of fashionable etiquette - does not deserve a champion so willing to fight for the rights of all.

6 comments:

Unknown said...

Or is it possible that I have rights too? The right to not be photographed without my knowledge or against my will by someone I do not know? The right to not have this picture (that I did not consent to) posted on the Internet? The right to not have my image used for your commercial gain? Is it possible that yours are not the only rights in Burlington? Tell me, "champion", who will fight for my right to privacy if my "champion" is busily fighting for his right to invasion?

Arrogant.

David Russell said...

I have been doing street photography downtown Burlington for 40 years, never had any problems. But of late, i have found an unfriendly attitude and atmosphere downtown. I rarely photograph down there anymore. I found I once loved the place, now I don't like being downtown as much as I used to.

I am so sorry this has happened to you, but it is the times we live in, we lost the world we grew up in, Burlington is a different place than it use to be. So sad.

CAITLIN! said...

I hadda defend you on the original Blurt posting Dan. Hope you find another place to take your depressing photos of life, Jim, but not as we know it.

No Seana, you don't have the right not to be photographed in public, regardless of whether it is your will or not. Imagine that you were famous, ever heard of Paparazzi? Think if Britney Spears had the right to not have her cooch posted all over the internet she wouldn't have done something about that? Your best bet to not be "invaded" is to stay off the public streets, avoid ATMs, banks and public buildings, stores, and anyplace that has people with cell phones. If you are unattractive, I would recommend staying even out of Wal-Mart cuz you'll never see those phone people sneaking your pic for www.peopleofwalmart.com although they probably do not have the right to take those pics inside the store. So I guess what I'm saying is, brush your hair, put on your mascara, wear a clean shirt and smile, cuz you are on candid camera anytime you leave your house. And be thankful that Dan tries to get good lighting and a nice backdrop with a decent camera for your picture. He is not arrogant, you are misinformed and angry. Still, I'm sorry that doesn't give you imaginary rights. I guess you have the right to be ignorant, but you shouldn't have the right to be a jerk about your ignorance.

Self Righteous. Sorry, still wrong.

Admin said...

I think Seana's comments reflect a poorly informed portion of society that seems to be increasing. Many people are under the impression that artists have violated their rights when they are simply expressing themselves (according to the rights protected by our constitution). In a public area, you are subject to the rights of the general public. A photographer 'people watching' with his lens, is certainly not overstepping - whether for profit or just for a hobby. Your rights are more protected in the lens of an artist than they are with an ill informed officer of the law - especially when he does not know the law, or care to enforce and defend it properly. Just remember that next time you step onto church Street, there are - quite literally - dozens of cameras (not including security cameras) fixed on you and many of them are broadcast 24/7 online. You are on camera more than you may care to believe.

somaserious said...

Seana, please read this for further info:http://www.krages.com/ThePhotographersRight.pdf. As Caitlyn said, once you're outside you're fair game. Educate yourself.

photoworkplace said...

Sir
I deeply appreciate your situation
As both a photographer and someone who does not wear shoes I can tell you peoples interpretation of the Law and Etiquette are varied and sometimes amusing
I can say in all honesty I feel for you (weather you are obnoxious in how you carry out your photographing or are invisible)
My more immediate reason for writing though is this
And please bear with my humble criticism
Your photographs are good no question
But, when you have a black page and white text, then you have B&W photos what you find is that after reading the text all one can see are stripes going across all your photographs
So again, just a humble opinion of one who would like to see your photos in a better format
I had to view them on Flickr which shows them off without the distractions of the ghost images of the text
Joseph