got told I couldn't shoot on public property

shaylou

shaylou

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Shayne
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I live in Houston Texas (U.S.). This evening the golden hour was brilliant. I didn't have much time so I drove around a mall near my house to try to find something to shoot in that great light. Ended up in the mall parking lot (private property) shooting the sunset via a glass building. Sure enough security came to tell me to leave. I told him no problem I'll just move to the side walk (public property) and he told me, no actually you can not shoot anything in this area. I was pretty mad that I was told that so I politely told him that he might want to verify what he just told me with his boss. At that point he ask me to hold on wail he called someone but I just left. I didn't want trouble but it really bothered me that getting told to leave public property. I have lived in this area my whole life and as soon as I put a camera in my hand I am no longer welcome.

How do you handle a situation like this? Knowing that you have the right to be there and being told you do not. Should I have stood my ground on this one? Sorry this is so long.
 
In Texas! no you did right, I would have asked how fast he wanted me to run ;)

But kidding aside, I think you need to weigh up the situation you find yourself in. Trying to take pics when you have a jobsworth biting at your heels is not going to be very conducive to producing your best work, if it was a shot I really wanted and I knew I was in the right, then I would consider telling him I was on public property so had every right to take pictures, if a shot I wasn't too bothered about then I would inform him that I didn't need the hassle so was leaving but he should go back and do some homework.
 
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I'm not up on american law on this, but i understand that its more variable than it is in the uk and can vary from state to state.

the other thing is that in some areas (even in the uk) the pavement (sidewalk to you) might not actually be public property - for example in milton keynes all the land arround the shopping centre including pavements and car parking areas is managed by the centre and thus is not public land.

so my basic take on this would be to be very careful that you are 100% right before trying to insist on rights that you may have
 
big soft moose said:
I'm not up on american law on this, but i understand that its more variable than it is in the uk and can vary from state to state.

the other thing is that in some areas (even in the uk) the pavement (sidewalk to you) might not actually be public property - for example in milton keynes all the land arround the shopping centre including pavements and car parking areas is managed by the centre and thus is not public land.

so my basic take on this would be to be very careful that you are 100% right before trying to insist on rights that you may have
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That's a good point. The owners of the property own a lot of property in this area. They also own the the hospital system across the street from the mall. They may own the air in the area knowing them. :/
 
I was just under the impression that the sidewalk and street that is maintained by the city and payed for via taxes by the public (me) would be would be public property regardless if it boarders private property.

I did a search but I'm not finding anything. Perhaps I should call the city and ask them.

This us very frustrating. all I want to do is practice my photography.
 
shaylou said:
I was just under the impression that the sidewalk and street that is maintained by the city and payed for via taxes by the public (me) would be would be public property regardless if it boarders private property.

I did a search but I'm not finding anything. Perhaps I should call the city and ask them.

This us very frustrating. all I want to do is practice my photography.
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I think you should mate, and when you find the right answer go back to that same place with the same security guard and poke your tongue it at him!
 
I know it's all getting a bit silly theses days :( , sometimes they are right,sometimes it's just them pushing their weight around.

It's alway a hard one,do I stand my ground,if your unsure stop taking photos,and check out at a later date,but even if it is private,you can alway ask permission if you can shoot photos on anybody land,they can only say no :)
 
shaylou said:
I was just under the impression that the sidewalk and street that is maintained by the city and payed for via taxes by the public (me) would be would be public property regardless if it boarders private property.
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if the bit in bold is true then you are correct (or at least you would be under uk law - I don't know enough about american law to say for sure) - however in the case i mentioned above although the pavement looks no diffeent to any other bit , it is actually owned, maintained, and paid for by the owners of the shopping centre , not by the public purse
 
Who gives a crap, get your picture as quick as poss and get out of there.

This might be less of a good idea in the US.
 
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It can be that free speech can also effect photographic rights in the USA.
 
Yv said:
You would be amazed HOW much of Central London is actually private property, including pavements and public right of ways :eek: So, yes, check on the details, find out what's what with who owns what.
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How would you go about checking this?
 
How would you go about checking this?
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No easy way! Checking with the local council, but that could take a very long time.
A lot of London is crown land, national trust, private by virtue of other ownership (eg Canary Wharf).
Nothing to stop you photographing it from public land, provided some other legislation doesn't prevent you, but usually you'll find out you are on private property when someone tells you.
 
Sadly, much of the property where the malls are located are in fact private- sidewalks, roadways, parking lots.... being that you are from Houston (I'm in The Woodlands area) all you have to do is call the mall for permission. Seems silly but keeps you out of trouble.... even railroads/under passes are off limits. I've called The Woodlands Mall several times for access to their carousel :)

Rach
 
Bernie174 said:
No easy way! Checking with the local council, but that could take a very long time.
A lot of London is crown land, national trust, private by virtue of other ownership (eg Canary Wharf).
Nothing to stop you photographing it from public land, provided some other legislation doesn't prevent you, but usually you'll find out you are on private property when someone tells you.
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I'll just carry on as is when I'm shooting in London then and if someone argues otherwise, I've always got my copy of the mets guidance unless they can prove I'm on private land.
 
big soft moose said:
I'm not up on american law on this, but i understand that its more variable than it is in the uk and can vary from state to state.

the other thing is that in some areas (even in the uk) the pavement (sidewalk to you) might not actually be public property - for example in milton keynes all the land arround the shopping centre including pavements and car parking areas is managed by the centre and thus is not public land.

so my basic take on this would be to be very careful that you are 100% right before trying to insist on rights that you may have
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Is the embankment also privately owned too?
 
which embankment ? if you mean those on MK grids roads - yes they are owned by the parks trust , up to the line of the street lights
 
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sideshowglitter said:
Sadly, much of the property where the malls are located are in fact private- sidewalks, roadways, parking lots.... being that you are from Houston (I'm in The Woodlands area) all you have to do is call the mall for permission. Seems silly but keeps you out of trouble.... even railroads/under passes are off limits. I've called The Woodlands Mall several times for access to their carousel :)

Rach
Click to expand...

Small world huh. So the same personnel that will run me off will also give me permission to shoot?
 
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