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Proposed restrictions on photography and videography in New York City continued to draw protests on the last day the Mayor's Office of Film, Theater and Broadcasting (MOFTB) is accepting comments on them from the public, August 3, 2007. In just a little more than a week, an online petition initiated by Picture New York, a group formed to counter the proposals, has gained over 30,000 signatures. The National Press Photographers Association has also opposed the new rules, noting that they would put "the average photographer at risk." A group of videographers released a rap video protesting the proposal, referring to shoot-time limitations that would be imposed with an astute observation: "Now picture a scene where you capture a snake: It takes more than ten minutes for the perfect take."
Details on the proposed restrictions are available in our earlier report and in a PDF on the MOFTB Web site.
In addition to the Picture New York petition, both the New York Civil Liberties Union (NYCLU) and the MOFTB itself have received many comments on the proposal from amateur and professional photographers. In an interview this week, Julianne Cho, associate commissioner at the MOFTB, stressed that the agency is "looking to remain sensitive to the needs of the entire production community" and is "prepared to revise the proposal" on the basis of the comments it receives. "There's been a lot of interest in this issue," Cho noted.
Cho went on to explain how the process will proceed: "After the comment period ... the agency will review the comments, and they can do one of three things: They can make no changes, they could make some changes and publish the final rule, or they could redraft completely, then open up the comment period again." The new rules would go into effect 30 days after being finalized and republished. Cho was not able to estimate how many permits the MOFTB would have the capacity to issue per day under the new rules.
In response to questions from popphoto.com, NYCLU Associate Legal Director Christopher Dunn stated: "If the City adopts the rules as proposed, we will sue to block them. Not only do they make no sense, they violate the First Amendment." The proposed rules were created to meet the requirements of a settlement to a previous lawsuit brought by the NYCLU after documentary videographer Rakesh Sharma was detained by police for shooting with a handheld video camera in one spot for more than half an hour.
Penalties for violating permit rules are not specified in the proposal, but Dunn speculated that shooting without a permit would most likely "qualify as what is known as a 'violation' in New York, which is not a crime but nonetheless can be the basis for arrest, fines, and incarceration."
Photographers wishing to comment on the proposed rules before the end of the day on August 3 may write to Julianne Cho, Assistant Commissioner, Mayor's Office of Film, Theatre & Broadcasting, at jcho@film.nyc.gov or 1697 Broadway, New York NY 10019.
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