http://www.salon.com/life/feature/2011/ ... index.html
OK, let see if I understand this correctly.Topic:
Agriculture
Tuesday, Mar 15, 2011 13:17 ET
Could this picture get me arrested?
A Florida bill would make it a felony to take photographs
on or of farms without express written consent
By Barry B. Doyle
Barry B. Doyle
An old farm on Johnson Mesa, northern New Mexico.
Photo taken by the author.
If Republican Florida state Sen. Jim Norman, from Tampa, has his way, the above image would be a felony. Some more ifs: If I lived in Florida and if Senate Bill 1246 becomes law as written, then I've committed a felony by not getting written permission from the farm owner before taking that photograph -- or these:
Cow part, barb wire abstract
Cow crop circles, feeding in the winter near Lake Tahoe on the
Nevada side, taken from my brother's plane.
If you look on Sen. Norman's website, you'll see his proposed bill as the innocuously titled "Farms." The submitted bill has a slightly more onerous title:
A bill to be entitled:
An act relating to farms; prohibiting a person from entering onto a farm or photographing or video recording a farm without the ownerâ??s written consent; providing a definition; providing penalties; providing an effective date.
You can see the actual proposed bill here. It's not very long, comprising three small paragraphs, but it's a mess. The gist of it is that photographers no longer have the First Amendment freedoms they've enjoyed for the past sesquicentennial as established by law and precedent. To wit:
Section 1.â??
(1)â??A person who enters onto a farm or other property where legitimate agriculture operations are being conducted without the written consent of the owner, or an authorized representative of the owner, commits a felony of the first degree...
That's not the worst of it. The second section is so poorly written, that even an extension art class of octogenarians from the local community college who are painting pastoral and bucolic rural scenes of rolling hills and picturesque farmlands are subject to arrest and felony convictions.
(2) â??A person who photographs, video records, or otherwise produces images or pictorial records, digital or otherwise, at or of a farm or other property where legitimate agriculture operations are being conducted without the written consent of the owner, or an authorized representative of the owner, commits a felony of the first degree...
The wording is ridiculous. When the bill states "at or of a farm," that includes photographs taken while the photographer is on public property. And, wow, GoogleEarth is in a world of hurt. Maybe it can pixelate all Florida farms as it did for Blair House in Washington, D.C., when Dick Cheney was living there -- not that anyone really wanted to see Darth Cheney in a bright yellow micro Speedo sunbathing on the back patio.
Here's the crux: In spite of what people routinely believe, if you are on public property, say, a roadway or a sidewalk or a path next to a roadway, there is no reasonable expectation of privacy for people who are on public or private property or of any building or structure on private or public property. Anything that is presented for view, or is viewable from a public place, can be photographed.
According to Bert Krages, attorney at law in San Francisco, and regarded as the leading authority on photographers' rights in the United States, there are many misconceptions of those rights.
The general rule in the United States is that anyone may take photographs of whatever they want when they are in a public place or places where they have permission to take photographs. Absent a specific legal prohibition such as a statute or ordinance, you are legally entitled to take photographs. Examples of places that are traditionally considered public are streets, sidewalks, and public parks.
â?¦The following subjects can almost always be photographed lawfully from public places: accident and fire scenes, children, celebrities, bridges and other infrastructure, residential and commercial buildings, industrial facilities and public utilities transportation facilities (e.g., airports), superfund sites, criminal activities, law enforcement officers
You can download a free PDF document from Bert Krages that outlines your rights as a photographer. Once printed, and with a few judicious snips with a pair of scissors, you can fold the document so that it becomes a small handy pamphlet that's easy to carry and provides a quick reference when needed. The download site is here. http://www.krages.com/phoright.htm
Ironically, unrestricted photography by private citizens has played an integral role in protecting the freedom, security and well-being of all Americans. Photography in the United States has an established history of contributing to improvements in civil rights, curbing abusive child labor practices, and providing important information to crime investigators. Photography has not contributed to a decline in public safety or economic vitality in the United States. When people think back on the acts of domestic terrorism that have occurred over the last 20 years, none have depended on or even involved photography. Restrictions on photography would not have prevented any of these acts. Furthermore, the increase in people carrying small digital and cellphone cameras has resulted in the prevention of crimes and the apprehension of criminals.
Krages has also written a comprehensive handbook for photographers. I have it and have studied it and I encourage all budding, semi-pro and professional photographers to get a copy.
He does make the point that it is not always the smart or judicious choice to escalate a confrontation. Based on the circumstances, it might be better for your own health and well-being to retreat from certain circumstances. But your rights remain nonetheless. There are other subsequent remedies you can take after someone erroneously says, "Hey, you! You can't take a photo of that."
So, who the hell is Jim Norman and why has he proposed this legislation? It's interesting to note that he is not well liked in his district. He is recently elected, and ran unopposed. There was only one name for the seat he now holds. And yet, voting records report that up to an astounding 60,000 people either did not mark the ballot for him or opted for a write-in candidates who spent no money on campaign advertising. One was a pet store employee and one Kimberly Renspie, a North Carolina college student.
His candidacy was filled with scandal and lawsuits. His primary election opponent filed suit after that preliminary election exposing circumstances that Norman's wife purchased a $500,000 home in Arkansas with money from a local Hillsborough businessman. Because of the lawsuit, his name was removed from the ballot for the general election. He was able to get it reinstated on appeal, but it has not been smooth sailing for the freshman senator.
The speculation is that Norman is toting water for large agribusinesses. The kind of companies that don't want attention, whether it's because of the hiring of illegal aliens or of the inhumane practices for both people and animals on those farms. It's assumed his proposed legislation is targeted at animal rights activists who have a history of photographing and providing videos of questionable conditions for both humans and farm animals.
People for the Ethical Treatment of Animals' general counsel, Jeff Kerr, suggests that Sen. Norman show people where the food we consume comes from instead of making criminals of those who uncover malfeasance. Sen. Norman is taking aim at farm animal paparazzi. Because of his connections with big agriculture, a special interest law is being proposed. Big Florida agribusiness doesn't want any unwitting employment of undercover activists who have hidden cameras outing what is on the other side of that bucolic barn door. We'll see if the baby is also thrown out with the bathwater.
Heads up, Florida photographers: A first-degree felony in Florida carries a possible 30-year prison sentence.
(Update: There is a small flicker of light at the end of this myopic tunnel. The National Press Photographers Association (NPPA) general counsel Mickey H. Osterreicher spoke with a member of Norman's staff and was assured that the bill would be rewritten to exclude felony criminal charges for photographs taken from public property. That was more than two weeks ago, and to date, no changes have been made.)
I'm on vacation driving across the country, and I love to take photographs of the scenery wherever I go. Then I'm traveling through some hilly country and I stop at the edge of a country road. I'm looking down into a valley, and it's beautiful. I see green pastures, white fences, a pretty red barn and a cute little house. So I think to myself, "Wow! What a pretty scene. I think I'll take a picture." the camera goes "click!" and I take a few more pictures of the beautiful green valley below and the farm, because I think it looks really cool. And then I see some horses. Oh! I love horses! My camera goes "click! click! click!" then I put my camera back into it's case and get back into my car and drive on.
Tourists have been taking photos of country scenes for years, so naturally, you're going to capture the image of a green pasture, maybe a pretty red barn and a cute little farm house, and maybe some cows, sheep, and horses. I love looking a photos of country scenes. I also enjoy photos of city scenes and mountains, and astronomical photos. I just love pictures.
Now, am I to understand that some Republican jack-ass in Florida wants to make it a felony to photograph country scenes with farms in them? Am I to understand that I could get up to 30 years in the slammer just because I photographed a pretty red barn, a cute little farm house, and some cows, sheep, and horses?
Also, this Senate Bill 1246 is rather vague.
A person who photographs, video records, or otherwise produces images or pictorial records, digital or otherwise, at or of a farm or other property where legitimate agriculture operations are being conducted without the written consent of the owner, or an authorized representative of the owner, commits a felony of the first degree...
The "or otherwise" could also include pencil, or pen and ink sketches, or water colors, or oil paintings of a farm, and not just "at a farm" but also "of a farm" if I understand this correctly.
So, another words, I don't necessarily have to be "at a farm" when I do a sketch or a painting of said farm. No, it only has to be "of a farm" any farm, and I can sill get charged with a first degree felony and spend up to 30 years in the slammer.
I mean, like, really!!!
This proposed Senate Bill 1246 is so fucking vague, that almost any part of my above interpretation could very easily be applicable.
Yeah, I can almost see it now . . . I get out my brushes, my oil paints, and canvas, and I do an oil painting of a nice pretty farm. First I paint some nice rolling green hills and some pretty trees, and a nice blue sky with some nice fluffy white clouds, then I add some more trees, then I paint a nice pretty red barn and a cute cozy looking little farm house, and some cows in the pasture, some sheep, and some horses, because I like horses.
I'm so proud of my oil painting of a farm, and then one day, amateur artists are able to display their paintings in a shopping mall. So, I rent some space to display my paintings including the one I have just created of a really cool looking farm. But then, some government officials approach me, and start asking me questions of where that particular farm is located, and I inform them, that it's not any particular farm, but just a painting "of a farm" from my own imagination.
Now I'm in real trouble!!! Like, I'm in deep Kimchi!!!
Maybe I should have rephrased it by saying, it's "just a farm" and not "of a farm" but that won't fly either because a painting of "just a farm" is still a painting "of a farm" so my painting gets confiscated, and I'm cuffed and stuffed into the back of a police gumball machine and hauled off to the ol' slammeroo!
Like, "Hi Judge!" ya know?
Down comes the gavel. BANG! You get 30 years in the federal pen, and no time off for good behavior!
Next case!!!
Well, my dear Senator, Jim Norman, you don't have to worry!
I won't be doing any oil paintings of any farms, any time soon, or any kind of oil paintings at all.
You see, my dear Senator, back in July of 2001, I was violently attacked by my ex-room-mate with a machete, and my left wrist was fractured, so I can't do oil paintings at all anymore, and I can't even play the guitar anymore. Also, I happen to be left handed.
So, I won't be doing oil paintings of farms, and I will only be able to sing about farms, "The Farmer In The Dell" or "Ol' Mac Donald Had A farm. E-I-E-I-O!" but I won't be playing it on a guitar anymore because of my crippled up left hand.
But, is it still OK to sing about farms?
Well, don't worry, those songs suck anyway!
Even when I was in grade school, I thought those songs sucked! I preferred "I've Been Working On The Railroad" instead, but even back then I preferred classical music, and rock.
But once again, my dear Senator, Jim Norman, since I can't do oil paintings anymore, certainly not of farms, or anything else, because of my crippled up left hand, then, I'm afraid the joke is on you!
Like, BUUUAAAAAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!!!
Hey! What the fucking Hell am I laughing about?
My left hand is all crippled up, FOR LIFE! So, my life already sucks, jail or no jail!
But in the meantime . . .
Here are some photos, some really cool looking photos of farms, pretty red barns, and some really neat looking farm houses.
The type of roof you see on a typical barn is called a "hip roof" and
there are even many houses that have hip roofs.
Also, I think most farmers are kind of cool.
And by the way . . .
When I was going to NMSU, New Mexico State University, where I was taking courses in math, physics, and astronomy back in 1975 to 1978, I personally knew Dr. Clyde Tombaugh, the Astronomer who discovered Pluto back in the 1930s.
He grew up on a farm. His family were farmers. The first telescope he ever built, was a 9 inch Newtonian reflector, and the equatorial mounting for his telescope was made from some discarded old farm equipment.
I have even seen his telescope. He invited me to his home one evening to look through his home built telescope. We looked at the moon, the rings of Saturn, Jupiter, and some star clusters.
Anyway, I just posted photos of some farms.
Am I going to be arrested now, and charged with a felony, and get thrown in the slammer for 30 years? Eh?
And so, my dear Senator, Jim Norman . . .
FUCK YOU! GO EAT HORSE SHIT, AND DIE!!! OK???
But in the meantime, a cute little song!
Just for you! OK?
The farmer in the dell.
The farmer in the dell.
Hi ho the dairy oh!
You can go to Hell!!!
I'm fat and sassy! I love to sing & dance & stomp my feet & really rock your world!
