I attended a Little Havana walking tour that I used as a photowalk for my group. The tour was led by Miami Historian, Dr. Paul George. It started at the Tower Theater on 8th Street and headed West through many of the first neighborhoods in Miami during the turn of the century. I realized how new Miami is after walking through areas near 15th avenue that were Groves and Pineapple Plantations. West of 27th avenue was considered the Everglades. Imagine that. The area near the Tower Theater is not a new or modern epicenter of Miami activity. Many of Miami's most prominent families lived, worked and played in the area. The most colorful place I encountered was the Ball and Chain. The Ball and Chain was and is a Nightclub across from the Tower Theater that used to be a Gambling Club when Gambling was highly illegal. At first the club had doormen to ensure that only trusted people, and not police could enter. After a time, the "Wild West" attitude of Miami removed the need for doormen at the Ball and Chain and illegal activity brazenly thrived with the knowledge of the authorities. Here are some of my images from the tour. I encourage anyone seeking a more historical perspective to check out Dr. Georges walks.
Miami Street Photography
Photographer's Rights
You may beat the Rap, but you may not beat the ride. Just ask Carlos Miller, a Miami photographer who hosts: www.photographyisnotacrime.com
Here is an image of a MetroRail station in Miami. Had I not used an iPhone and some authority had been around, I'm sure I would have been harassed.
1. You can make a photograph of anything and anyone on any public property, except where a specific law prohibits it.
e.g. streets, sidewalks, town squares, parks, government buildings open to the public, and public libraries.
2. You may shoot on private property if it is open to the public, but you are obligated to stop if the owner requests it.
e.g. malls, retail stores, restaurants, banks, and office building lobbies.
3. Private property owners can prevent photography ON their property, but not photography OF their property from a public location.
4. Anyone can be photographed without consent when they are in a public place unless there is a reasonable expectation of privacy.
e.g. private homes, restrooms, dressing rooms, medical facilities, and phone booths.
5. Despite common misconceptions, the following subjects are almost always permissible:
* accidents, fire scenes, criminal activities
* children, celebrities, law enforcement officers
* bridges, infrastructure, transportation facilities
* residential, commercial, and industrial buildings
6. Security is rarely an acceptable reason for restricting photography. Photographing from a public place cannot infringe on trade secrets, nor is it terrorist activity.
7. Private parties cannot detain you against your will unless a serious crime was committed in their presence. Those that do so may be subject to criminal and civil charges.
8. It is a crime for someone to threaten injury, detention, confiscation, or arrest because you are making photographs.
9. You are not obligated to provide your identity or reason for photographing unless questioned by a law enforcement officer and state law requires it.
10. Private parties have no right to confiscate your equipment without a court order. Even law enforcement officers must obtain one unless making an arrest. No one can force you to delete photos you have made.
These are general guidelines regarding the right to make photos and should not be interpreted as legal advice. If you need legal help, please contact a lawyer.
----OTHER RESOURCES----
http://en.wikipedia.org/wiki/Public_place#Restrictions_on_state_action_in_public_spaces_in_the_United_Stateshttp://en.wikipedia.org/wiki/Photography_and_the_law
http://www.flickr.com/groups/nomorefreephotos/discuss/72157604655395007/
http://www.krages.com/bpkphoto.htm
http://www.usatoday.com/tech/columnist/andrewkantor/2006-08-11-photography-rights_x.htm
Is it Street Photography?
Last evening I attended a meeting of the Miami Street Photography Group. There were quite a few people and the discussion was interesting and disturbing at the same time. There was an expectation in the group that street photography must be pure as shot with no manipulation, cropping, or the appearance of Street Portraits. While I appreciate the group and is possibly the best photo group in Miami, I fundamentally disagree with the premise. We are in an era where we are the photographer, and the lab all in one. I know based in my photographic education that great street photographers such as Walker Evans, Margaret Bourke White, and Robert Frank cropped and manipulated images albeit in a darkroom to refine the vision they had for the final product when the actually made the image. Technically, based on the discussion last night the aforementioned masters would mistakenly not be classified as Street Photographers because of the environmental portraiture below. I walk down the street or visit public places, and I make images. That is the only reason I need to call myself a Street Photographed.