How a Photograph Got Me Assaulted

5962234492 b579cb84d0 How a Photograph Got Me Assaulted

One day a few weeks ago, I was walking around the King Street area of Old Town Alexandria.  I was practicing my street photography techniques with both my Holga 120CFN and my Nikon N60 with a 50 mm prime lens.  In particular, I was working on taking candid portraits of people I encountered as I walked around town.  A first set of those photos can be seen in this post.  But the day ended frustratingly and scarily as I was assaulted by the man I photographed above.

The Assault

I was down close to the waterfront at the end of King Street when I encountered a man who was very unhappy that I took his photograph.  I had turned the corner and saw the man sitting on the bench with his hands behind his head, relaxing.  I thought he would make for a good candid portrait, so as I walked by I crouched down and photographed him.

As soon as I stood up to continue walking he leaped up and angrily grabbed my left arm while interrogating me.  He wanted to know why I took his picture, who I was, what I was doing, etc.  I didn’t really get a chance to answer him because my adrenaline soared in response.

I raised my voice to his level and told him to get his hands off me.  I told him what he was doing was assault.  But he didn’t seem to care and continued demanding me to answer his questions and to delete the photo or to give him my camera.

I stood my ground refusing to give into his demands and continued to tell him he was assaulting me and that I was calling the police.  As I tried to fumble with my phone, I spotted a police officer sitting in his cruiser no more than 25 feet from us.  So I walked over to the officer as this guy still held onto my arm.

Police Action

Immediately the officer jumped out of his cruiser and verbally cut down this man.  The officer furiously explained that what the man was doing was assault and that I could press charges.  The man let go of me and explained that I took his photo without asking and that’s why he grabbed me.  The officer then asked him one simple question: “Were you in a public place when he took your photo?”  The man responded that he was and the officer proceeded to explain that I had every right to photograph him while he was in public and that he has no expectation of privacy when he is in a public place.

At this point I was extremely relieved that the police understood the law regarding public photography and that they were on my side.  Once the man realized that I could have him arrested he changed his attitude, slightly.  I told the police that if the man was willing to apologize to me and that he understood that grabbing someone because they took your photo was wrong, then I wouldn’t press charges.  The man flippantly apologized and began to walk away.

This blew the officer’s top.  At this point the officer pulled out his handcuffs and told the man to never to walk away from an officer and that he would handcuff him if he didn’t cooperate.  The man decided to cooperate and the officer then asked for our IDs to write up a report.

As the officer wrote his report in the cruiser, the man and I stood to the side on the curb.  During so the man continued to mock me as a photographer and vaguely threaten to sue me and such while I stopped responding or making eye contact with the man.  The officer’s backup arrived and was brought up to speed.

As the two police officers were talking, the man then began slowly approaching the two policemen.  The officers noticed and again yelled at him to never sneak up on a police officer.  They ordered him to sit on the ground against a fence.  The backup officer actually pointed to me and asked him, “Why can’t you be good and be quiet and mind your own business like this guy over here?”  I chuckled on the inside about this but remained stoic.

As the officers began to interrogate him about his sobriety (they smelled beer on his breathe), the original officer gave me my ID back and a card with the police report number.  He told me I have up to year to change my mind and press charges.  He then told me to go home and went back to deal with the other guy.

At this point I walked up the street and headed home.

Reflections

The situation really shook me up for a couple of days.  I was really frightened to do any more street photography.  But I eventually realized that I shouldn’t let someone scare me out of my passion for photography.  Only a couple days later I was in Chinatown photographing people on the street and had a great time.

In retrospect, I probably should have pressed charges (I still can actually), but I’m not going to.  I didn’t want to press charges because I didn’t want to ruin this guy’s life with an assault charge.  I don’t know this man but a lot of people in the area are federal workers or contractors, many with security clearances.  Getting arrested could easily get someone fired around here.  Not that it would have been my fault, but I decided to do the Christian thing and try to forgive.

Admittedly for a few days after the incident I wasn’t willing to forgive.  I was angry, confused and frightened.  But after I went back out to Chinatown to do some street photography those feelings began to quickly subside.  I’ve been forgiven for lots of things over my life by both God and my loved ones.  I don’t see why I shouldn’t forgive this guy for a momentary lapse in judgment.

Ultimately, knowing my rights and standing my ground without getting violent helped me out the most.  I follow Carlos Miller’s advocacy work regarding photographer’s rights and I am very familiar with my rights in the United States regarding photography.  If it wasn’t for his work, my limited understanding of the law and my ability to stay assertive rather than get violent, then things could have been worse.

Looking back on the incident, the only thing that still makes me angry is the crowd.  As the man grabbed my arm and we yelled at each other, I also yelled for help and for someone to call the police.  A crowd of onlookers began to form, including a trolley driver that got out of his car to watch.  But no one did anything to intervene.  No one called the police, no one tried to step in.  I guess he would have had to start hitting me or something worse to at least elicit someone calling the cops.

  • http://www.rabiabonour.com/ Rabi

    I probably wouldn’t bother pressing charges if you weren’t injured.

    What I find most interesting about this story is how totally the cops were on your side. Props to them for that,

  • http://www.robertrafton.com/ Robert

    It might be funny if you added a note saying that anyone with a blog has your permission to post a copy of this photograph so that instead of ending up with a deleted image this guy has his image duplicated all over the world. Just a thought.

  • Al

    I agree with Rabi. The most unusual part of the story was the officer’s knowledge on photography in public and his great attitude. Maybe I’ve been reading PINAC too much but officers like that ought a get recognized & rewarded.

  • dz

    wow…when people taught me about photographing someone in public, and especially from a distance you did, the rule was to ask first if the photo was focused on a single person
    i for one wouldn’t be comfortable with someone i don’t know getting into my face and shooting a pic without asking, no matter the law, you were way too close for a random street photo, and you did invade the privacy of the guy, maybe he didn’t have the right to grab you, but you should have deleted the photo…

    • http://www.EricNorcross.com Norcross

      @dz WRONG. The law is the law. There is NO expectation of privacy in a public space. That’s that!

  • http://www.jonbrewerphotography.com Jon

    I was just in Alexandria for a wedding about a month ago. The free evenings I did the same. Even took pics of a lady getting her portrait sketched by a street artist. Her husband was kind and even asked me to email him the pics. I think you found a really bad apple and I commend you for taking the high road. I’m not sure I would’ve been able to do the same.

  • http://johnnyerasmusphotography.wordpress.com jerasmus77

    Hi Eric. Thanks for sharing this. It is something that I can keep in the back of my mind if one day I get in a similar situation for photographing someone on the street.

    If I was you I wouldn’t bother either to press charges, this guy was probably drunk and had a poor judgement at the moment.

  • http://www.jnphotography.ca Jen

    I for one am very impressed that the cops took your side! Usually they only care about calming the angry one down.

  • http://www.jnphotography.ca/ jnphotog

    I for one am very impressed that the cops took your side! Usually they only care about calming the angry one down.

    When I read about his reaction demanding to know who you were, my first thought was that maybe he was in the witness protection program, or having an affair, or some other reason which would make sense as to why he wouldn’t want his photograph taken?

  • http://www.jodiwarren.com jodi Warren

    Good for you for keeping calm and dealing with this maturely. Street photography can be an exciting rush. It’s an interesting dichotomy – I can understand the invasion of privacy that an everyday person feels, but happily the facts of law are (generally) on the side of the photographer.

    You were lucky to get a policeman who knew their stuff. Here in the UK, I’ve heard plenty of horror stories about policemen misunderstanding the law and the “threat” that a photographer poses.

    • http://ericspiegelphotography.wordpress.com/ Eric Spiegel

      Jodi,

      Have you seen this video of London Street Photographers testing their rights? Its fascinating and the police in the video respond very well. http://youtu.be/FJH9F7Hcluo

  • Andrew Londt

    What if you were the man and somebody came up so close to take a photo of you?

    Granted he reacted in an overtly aggressive manner, BUT should you have not asked permission first?

    I am not sure how the culture in the States works towards people taking photos of you. In South Africa it is common understanding that one would need permission to take such a close and personal photo of somebody.
    In fact, the more rural you go the worse it gets. Not confined to South Africa, but to Africa as a whole, it is seen as disrespect to take a person’s picture without consent.

    Regardless of laws in place, surely it is a matter of respect to ask a person if you can take a picture of them?

    I am surprised by your anger towards this gentleman, at the end of the day you invaded his privacy regardless of the laws in place. I feel he was justified to get up set, but obviously one can never be justified in physically “assaulting” a person.

    Again, how would you feel if you were relaxing on a bench and some guy walking past crouched down, took focus and snapped a pic of you? Surely that would make you feel uncomfortable?

    • http://ericspiegelphotography.wordpress.com/ Eric Spiegel

      If I wanted to capture a posed portrait, then sure, I would have stopped to ask his permission. But that wasn’t my goal. I wanted to capture a candid (yet very public) moment. I’ve done permission based street photography before and you get completely different results. I’ve found that I prefer a mix of permission and candid photographs.

      Ultimately I don’t feel I invaded his privacy. Being five feet away from a person does not feel very invasive in my mind. Especially in such a tourist heavy area as Old Town Alexandria where everyone and their brother has a camera with them. If someone stopped to take a photo of me while I was in public I wouldn’t really care anyway. My photograph is being taken all the time by security cameras while in public, this wouldn’t feel much different to me.

      • rob

        I understand laws, but doing something that is legal does not make it right. We are a civilized nation and common courtesy should trump your own desire to get a “candid shot.” I personally would not mind you taking a photo of me in public but if you took a shot of my kids I would be livid and don’t think a cop would stop me from trashing your camera. That is why civility is needed. Ask then take.

        • http://www.ericspiegelphotography.com Eric Spiegel

          And common courtesy should trump one’s desire to lash out violently because someone took a photo in a public place.

    • http://www.EricNorcross.com Norcross

      at Andrew Londt – your argument has no validity. He didn’t invade his privacy because there is NO EXPECTATION OF PRIVACY. I repeat: THERE IS NO EXPECTATION OF PRIVACY in a public space! The more people who understand this, the BETTER.

  • Patrick

    You should totally send the guy a print of the picture. I bet he’d actually like it. Also, it would awesomely funny.

  • http://Www.britrockphotography.com Philip

    Have to agree with DZ and Andrew, I generally ask before taking people I don’t know’s picture in public.

    If you’re worried about losing the atmosphere or spontaneous nature of street shooting, ask the subject to go back to what they were doing once they’ve agreed to let you shoot.

    P.s. I really like the use of negative space in the ‘defendant’s’ portrait.

  • http://www.happytinfoilcat.com Happy Tinfoil Cat

    I had a guy very similar to this one threaten me for the mere act of politely asking to take his photo. (This was at the photography exhibit at an art and wine festival) I no longer ask permission.

  • http://www.facebook.com/jsandomir Jennifer Sandomir

    He looks mean. You’re brave.

  • Chris

    It’s just rude to take someone’s picture from that distance without asking, legal or not. I would have asked you to delete it, not grabbed you, but you should consider that some people do not want their picture taken, or posted online, or whatever. Of course it’s a unlikely, but someone could be hiding from an ex or even in witness relocation… You should consider that before you spout off about how rude he was. Law aside, I think you were more rude and than he was.

    • http://www.EricNorcross.com Norcross

      Chris, if he’s in witness protection or in some kind of hiding – I don’t think a populated touristy place like Alexandria would be very effective – do you?

  • Brian Scott

    Thanks for sharing this. While it’s terrible what the other man did, it’s refreshing to know the police officer did the right thing. I’ve heard of so many cases where police didn’t know what to do or did the wrong thing. An A+ for this officer.

  • Michael B

    1) Agreed, that was a good photo actually.

    2) I really, really hope you will write or already have written a letter to the officer and his superior. They derive to be recognized for the good they do as well as the abuse that can occur. this will do two things, reinforce the actions with the officer, help is record, and especially, reinforce the idea with the upper staff/command that this is exactly the kind of protection we seek. The officer, by your alleged account, reacted well enough though he may have been a little harsh with the guy. If reversed, what if a photographer was being yelled out, but wasn’t being officially detained, and then started to just walk away. Subjectively on this forum we’d probably be yelling that the guy had a right to leave and not talk to the officer/ Being being a biased photographer, it seemed to be just. The maybe command will not have even realized the rights, but if an incident ever comes up like this again, but maybe with the cop being the aggressor to the photog, then command might remember this positive reinforcement letter. So please write that letter of praise, it’ll help the community more than this single blog post I reckon.

  • A. Fowl

    if he was a real “street fighter” you would have been knocked into the middle of next week instead of getting holier than thou in a blog about someone taking exception to your intrusive “street photography”.

  • Pingback: Man Assaulted For Taking Photos; Cop Comes To His Rescue | Photography for beginners

  • jvharten

    Compliments for the cops for knowing the law. Not for you for hiding behind the law. 5 feet away? Are you kidding me? If you engage me by taking a photograph be prepared for a response you might not like.

    • http://ericspiegelphotography.wordpress.com/ Eric Spiegel

      And I was prepared. I knew my rights and stood my ground. If I wasn’t prepared I might have handed him my film due to being bullied. I’m glad I was prepared.

  • http://twitter.com/Lance_Shuey Lance Shuey

    You were rude and he overacted in a rude way. The law is on your side but was it worth it? It does actually seem like good practice for street shooting. You got to see how taking a shot can really turn out. You stated you would not feel bad if someone took a photo of you in a public place. How about shooting images of your Mother, Wife, or 13 yr old daughter? The lens looks both ways.

    • http://ericspiegelphotography.wordpress.com/ Eric Spiegel

      In a theoretical sense, I don’t think it would bother me if others were photographing me or my family while in a public space. But if it does bother me, does it mean I’m going to put my hands on them to express my complaint? No. If the man had actually tried to use his words rather than his hands, I would have been more than happy to discuss his complaints in a civil way.

  • M

    I agree with many of the people that think you are just rude. The law might say you are allowed to take his picture but it doesn’t mean you have the right to ignore the comfort of other people. In a public space someone is allowed to smoke right next to me so it gets in my face, it doesn’t mean I cant complain if someone does. You seem obsessed by getting the right shot and it not being staged regardless of that man’s feelings.

    I also don’t think you should be so proud of your behaviour after the shot. It sounds like you upset a guy in the street and then take pleasure in nearly getting him arrested. If you stay calm, explain the situation, and offer him a copy of the image he might not get so worked up. I really don’t agree with the moral highground you have taken.

    You created that situation and you are taking absolutely no responsibility for it. It sounds like you are incredible self-centred.

    • http://ericspiegelphotography.wordpress.com/ Eric Spiegel

      Sure, he has the complete right to complain about me taking his photograph. Does he have the right to lay his hands on me because of it? I don’t think so. Are you going to lay your hands on someone because they’re smoking too close to you? I would hope not.

  • http://gravatar.com/kimberlyfayebaker kimberlyfayebaker

    Way to stand your ground, Eric. The comments here saying that you were “rude” and your photography is “intrusive” are ridiculous. You were doing nothing wrong. The law is on your side and I’m glad to see the police officers were as well.

  • http://gravatar.com/spiderwoman Marymac

    Although the shot would have been ruined if permission was granted in the first place, it would have lead to a kinder outcome. Perhaps after getting permission and just having a benign sort of conversation while the subject resumed a more acceptable pose that might have helped to come up with a more “candid” photo. With someone in a public place there is still a borderline where it is invasive on the personal space at least.

    Even in the position of the subject in the photo, it would have good to approach him, if you had the chance, to let him know you took a picture and ask for permission to keep it at least or offer to send a copy. Or, from the perspective of the subject, I would have quietly let you know that it had been noticed and ask for remove it or destroy it and abide by whatever the decision had made. It never would have turned into a “battle” and I cannot disagree with your behavior since he assaulted you first since your distance was respectably far away to avoid getting in his personal space.

    If that personal space is a problem for him, he needs to go somewhere else instead of sitting quietly in a tourist mecca that is crawling with camera-equipped tourists. Not common sense on his part if he really needs or wants to avoid that intrusion.

    Hopefully, I have made some sense.

  • Pingback: Stand Your Ground: Photographer’s Rights in the UK Tested (video) « THROUGH THE LOOKING GLASS | A PRO PHOTO & VIDEO BLOG

  • Alex

    You need to man up! If all he did was grab you were not injured in any way. In this day and age it’s normal for people to be freaked out if a stanger gets in their face and takes their picture. Yeah I know the law, the law.

    The more guys like you make a big public deal out of something like this, the sooner the laws will change against photographers.

    • http://gravatar.com/spiderwoman Marymac

      Five feet away is not being in anyone’s face. Still, the subject is a complete fool to think he had a right to lay his hands on anyone. My elbows are a loaded weapon if anyone DARES to lay a hand on me. Never. And never touch a stranger. Never.

      To have any law against taking a picture in public could have a very far reaching result against the rights that are clearly stated in the constitution. I would rather the constitution remain as it is. It isn’t broken yet and once the law makers get their hands on that, it will break.

  • Average Joe

    If someone was upset I would delete the photo and apologize. Unless the person was a public figure. No need to make someone upset. Plus we’re surrounded with photo opportunities. The expression on the man’s face says leave me alone. Just because you have the legal right, doesn’t mean you have to always exercise it. Of course I generally shoot street shots with film, so that makes it harder to delete. Also, you may come across this man again, and he may see you before you see him and that could be bad.

  • peach

    Hopefully you learned your lesson. Ask people if you can take their picture before sneaking it, or be much more candid.

    I would have deleted the photo after realizing how upset the subject was, showed them proof it was gone and then go on with my life.

    This post is pretty whiny. Sad to hear two policemens’ time was wasted with this.

    The idea that you can do whatever you want with people’s privacy for “arts sake” is ridiculous. I somewhat agree that yes, he does have the right to physically get your attention -but not harm you- after you disrespect his personal privacy.

  • http://virtua-gallery.com Klaus

    I think there is a problem. While taking images in public places is legal, publishing images of an individual to the WWW opens a can of worms.
    A photographer should get simple and signed model releases for his shots, to be on the safe legal side.

  • Dan

    First, anyone claiming that you were “rude” or that you should have asked permission is full of crap and knows nothing about street photography. They should read up on Winogrand and take notes.

    This post, along with the comments, just reinforce my belief that everyone in the world should lighten up. When someone takes your photo in public, why are we even discussing the issue of assault vs. politely asking to destroy the photograph? That debate starts off assuming that photography is malignant in some way, and that’s not the case.

    If you ever get shot by a street photographer and find yourself uncomfortable, maybe you need to re-examine your outlook on society. If I complain to a street photographer, it’s going to be that he didn’t get my “good side.”

  • http://gravatar.com/redline Legl

    God i read this article…and I must say that regardless of any laws, ur an asshole. People are not only unaware of the laws but are not accustomed of someone coming up to them on the street and taking a photo. While no one has the right to lay their hands on u, how did u think someone will react? They are suspecious and naturally concerned…they have no idea what ur doing, for what and why? Ur a human being first…not a photographer, perhaps a refresher course on common decency in human interaction would suit u better than another class in photogrpahy or the legality of public photos.

    Ur self serving pats on the back for doing the “right thing” by not pressing charges is even more nauseating…caught someone off guard, made them concerned and then praise ursellf for being the voice of reason.

  • ibob

    What I can’t believe is how many of the commenters here that think you should “delete the photo”. Even better, how these folks don’t know that an n-series Nikon is a film camera…I’d like to know how one is supposed to delete a film image and show proof it is gone. Maybe I’m just an old-fart that still remembers the days of film.

    • http://gravatar.com/spiderwoman Marymac

      Wait a minute!! Film? What is that? And here I thought that film had bit the dust along with radio dials! Amazing. Tough tarts for that subject then. He needs to work on getting some common sense to keep his hands off of strangers. He sure as shootin’ do not have a right to touch a stranger….never…ever. I’d like to meet that twit. The best test would be to find him again and take another picture. Heck, if I was in a different mood I might welcome such a contact.

      ibob, you are not the only old fart…*coughs*…back in the old film days, I would develop and print my own film. All black and white. I’d experiment with “found” cameras in obscure formats…like a 620 or whatever. I can’t even remember back that far. The results from an old camera with a light leak was a first prize in a contest.

  • John

    Seems you just can’t accept the fact that some people are just uncomfortable with having their photo’s taken by complete strangers on the street. But you don’t care, you have the law behind you. Blah, blah, blah…..

    I almost get the feeling you get some kind of twisted satisfaction making folks feel uncomfortable or you look forward to an altercation until it turns against you. Then you scream for the police.

    Let’s face facts, they don’t know who you are. They don’t know your intent. I know that is irrelevent to you but it may be of some concern to them. Just because it doesn’t bother you to have your photo taken doesn’t mean everybody should feel or react the same.

    You don’t know the backgrounds of the people you choose to shoot. Perhaps you choose someone with an abuse prevention order in place from an ex spouse. They don’t know what you are doing. This could be someone trying to get their whole life back together. But, according to your logic they probably shouldn’t be outside then anyway.

    In the long run how much would your portfolio have suffered not by not taking this person’s photo? Or agreeing to not use or delete his photo? Just because it may be lawful to do something doesn’t always mean you should…….

    • http://ericspiegelphotography.wordpress.com/ Eric Spiegel

      I can and do accept the fact that some people are uncomfortable with having their photo taken, especially by a stranger on the street. I understand that they may not know who I am nor my intent. But if someone were to question my intent in a civil way without getting violent or threatening my safety, then I’d have no problem having a conversation about it.

      There are moral and ethical questions about street photography and that is one of the many things that draws me to it. It makes it interesting to me, and its not something for everyone. Moral and ethical lines can be blurry about a lot of situations, and I’m sure I’m not the only one who has straddled that line before.

  • Pingback: Getting Back on the Street Photography Horse « Eric Spiegel Photography

  • Pingback: Adventures in 4×5 « Dan Takes Photos

  • http://hoaiphai.wordpress.com/ HoaiPhai

    The public needs to know: putting your hands on someone who takes your picture without your consent is a crime. “Point final”.

    I was once setting up a shot of a distant bridge near the edge of a cliff. I was just about to step on some grass on the 20 before the edge. A man drove up and asked what I was doing, and I told him. He said he owned the property and if I went onto it, he’s have me arrested for trespass. So I stayed on the edge of the road and continued to set up the shot. He stood in front of the camera , blocking my view saying that he didn’t even want me to shoot through the air over his property! His house was not visible from where I stood (it was at the bottom of the cliff) but refused to get out of the way. So, I gave up but a neighbour who was watching the whole thing approached me and told me the guy was a border guard… explaining his territoriality I guess.

    • http://hoaiphai.wordpress.com/ HoaiPhai

      That’s “20 feet before the edge”.

  • JB

    Just happened across this as I was cleaning my bedroom and came across my old Nikon N60, unused and sitting in the closet. Was checking online if anybody used them any more and came across your site.

    Very interesting read as almost the same thing happened to my son, so he carries a sheet outlining photographers rights.

    Funny how people don’t read your description very well and jump to assumptions. No place in your story did you indicate you “got in his face” and living in the bay area, one gets used to total strangers that are sitting someplace with aggressive behavior.

    You handled the event far better than I would have, and kudos for moving past that and staying with photography. I find the best pictures of people are candid. Sure it might be nice to ask a subject, but then you loose the spontaneity and the picture becomes posed.

    Thanks for relating the story, it’s a good wake up for those unaware.

  • http://f64.nu/ Jp

    I think you are handling it well. As soon as you forgive him, you’re the stronger more experienced photographer and future interactions with others will seem tame as a result. I don’t think pressing charges would correct anything.

    If you see him again, he probably won’t bother you (and you won’t bother him).

    He may have some criminal history or have bail conditions that prevent him from legally using alcohol and didn’t want to be in the spotlight.

    JP

  • Pingback: Street Shots: A Columbia Heights Street Portrait | Eric Spiegel Photography

  • http://www.boliston.co.uk boliston

    I guess crouching down can sort of draw attention – I would probably have just taken the “easy” option and taken a quick snap as I walked past (ie not stopping while I took pic).
    This talk of always asking permission makes no sense – it makes the whole process long winded and removes the spontaneity. I typically shoot about 200 shots per hour – imagine asking permission each time!

  • Wjwd

    An assault is something offensive. What’s offensive is that you cry assault and can’t even show a bruise! What’s even more offensive is that you hijack the name of Christianity.

  • Pear

    I saw your self photo on flickr mimicking this shot. You really are jerk.