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| Re: Metrolink engineer texting with railfans (680853) | |
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| (681043) | |
Re: Metrolink engineer texting with railfans |
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Posted by RonInBayside on Sun Sep 14 10:14:31 2008, in response to Re: Metrolink engineer texting with railfans, posted by Dutchrailnut on Sat Sep 13 20:56:15 2008. LinkLooks like she has surgically enhanced breasts. |
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| (681044) | |
Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Peter Rosa on Sun Sep 14 10:15:32 2008, in response to KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by SelkirkTMO on Sat Sep 13 21:01:47 2008. Some people are good enough at texting that they can do it without looking at their phones. We don't know whether the engineer was among them, and in any event even if he was it still might have been too distracting to text.My LIRR/NYCT blog |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by AlM on Sun Sep 14 10:24:25 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Peter Rosa on Sun Sep 14 10:15:32 2008. Some people are good enough at texting that they can do it without looking at their phones. We don't know whether the engineer was among them, and in any event even if he was it still might have been too distracting to text.Both texting and talking on a cell phone still need to be banned for people who have so many lives in their hands. Studies have shown that people talking on a hands free cellphone are just as distracted as those talking on a hand held phone. |
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(Sponsored) |
iPhone 6 (4.7 Inch) Premium PU Leather Wallet Case - Red w/ Floral Interior - by Notch-It |
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| (681047) | |
Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by RonInBayside on Sun Sep 14 10:24:51 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by AlM on Sun Sep 14 10:24:25 2008. True statements. |
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Re: It doesn't matter who the engineer was texting with... |
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Posted by AlM on Sun Sep 14 10:25:29 2008, in response to Re: It doesn't matter who the engineer was texting with..., posted by Train Man Paul : Metro-North's Best Conductor FOR ALL 3 LINES!!! on Sun Sep 14 10:09:05 2008. Agreed. I wasn't thinking about opening doors when distracted. |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Dutchrailnut on Sun Sep 14 10:26:33 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Peter Rosa on Sun Sep 14 10:15:32 2008. Use of Cellphones and any electronic device other than those provided by company is still a company and federal rules violation.Now when a guy killed 11 by putting his Jeep on tracks people wanted to kill him, death penalty, beat up family etc. When Ricky Gates killed 18 due to mariuana use he was declared a person non grata even now after serving his time. This guy killed 25 by violating rules, and railfans want him to rest in pease and put up shrines and you tube sites. Helllooooooo? |
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| (681050) | |
Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by RonInBayside on Sun Sep 14 10:26:40 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by AlM on Sun Sep 14 10:24:25 2008. Interesting note: When a police officer is involved in a high speed pursuit, as soon as a backup officer joins the chase, it's generally the backup officer, not the primary officer, who keeps dispatch up to date on location via radio. The primary officer has both hands on the wheel. |
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| (681052) | |
Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by RonInBayside on Sun Sep 14 10:31:09 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Dutchrailnut on Sun Sep 14 10:26:33 2008. He was nice to the railfans and they are influenced by his treatment of them. They don't have a clue as to his true behavior at work. And we know that some railfans have poor insight and social skills. They know his friendly reputation, not his work skills.As a much more extreme example, the poor family who got a generous gift from John Gotti or his consiglieri and maybe a kiss on the cheek from his pretty daughter think of him as a hero and family man, not as the shitbag who slaughtered rivals as if they were cattle and looted businesses for his own pleasure. |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by AlM on Sun Sep 14 10:40:51 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Dutchrailnut on Sun Sep 14 10:26:33 2008. This guy killed 25 by violating rules, and railfans want him to rest in pease and put up shrines and you tube sites.It's still early. Any claims of recklessness, even if very likely to be true, aren't established facts yet. If (as seems likely) the NTSB eventually says the engineer caused the whole thing by operating while distracted, he's not going to be remembered fondly. Also, in all your other examples, the person didn't die. There is a tendency to feel more sorry for people who screw up and die themselves than for those who survive. |
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Re: It doesn't matter who the engineer was texting with... |
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Posted by AMoreira81 on Sun Sep 14 10:48:20 2008, in response to Re: It doesn't matter who the engineer was texting with..., posted by Train Man Paul : Metro-North's Best Conductor FOR ALL 3 LINES!!! on Sun Sep 14 09:29:48 2008. After this fatal wreck (Metrolink), I wouldn't be surprised if that became an FRA recommendation nationwide...to install a local cell phone jammer that would specifically jam cell phone bands only, but not regular railroad bandwidths. After all, if the operator had survived, he would have likely been facing manslaughter or murder charges.In addition, lawyers may argue at a trial that Veolia didn't supervise its employees well enough. |
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Re: It doesn't matter who the engineer was texting with... |
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Posted by AlM on Sun Sep 14 10:51:16 2008, in response to Re: It doesn't matter who the engineer was texting with..., posted by AMoreira81 on Sun Sep 14 10:48:20 2008. After all, if the operator had survived, he would have likely been facing manslaughter or murder charges.Manslaughter. He certainly had no intent to harm or kill anyone. |
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Re: It doesn't matter who the engineer was texting with... |
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Posted by RonInBayside on Sun Sep 14 10:52:40 2008, in response to Re: It doesn't matter who the engineer was texting with..., posted by AlM on Sun Sep 14 10:51:16 2008. Involuntary manslaughter. |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Michael549 on Sun Sep 14 11:20:57 2008, in response to KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by SelkirkTMO on Sat Sep 13 21:01:47 2008. How is it that the two trains ended up on the same track? Text messaging or not? I am just wondering.Mike |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by BMTLines on Sun Sep 14 11:25:49 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Michael549 on Sun Sep 14 11:20:57 2008. How is it that the two trains ended up on the same track? Text messaging or not? I am just wondering.The Metrolink engineer passed a red light at the point where the double track section merges to a single track. The freight was already in the single track section. Metrolink should have waited at the signal for the freight to pass but they didnt :-( |
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Re: Metrolink engineer texting with railfans |
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Posted by Chris R16/R2730 on Sun Sep 14 11:36:15 2008, in response to Re: Metrolink engineer texting with railfans, posted by R33/R36 mainline on Sat Sep 13 21:05:10 2008. I think engineers around the country are in for some cellphone/texting crackdowns. I've seen quite a few NJT engineers talking on phones while operating trains. I don't think the status of WHO this particular engineer was texting too will mean much. |
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Re: It doesn't matter who the engineer was texting with... |
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Posted by Chris R16/R2730 on Sun Sep 14 11:38:11 2008, in response to It doesn't matter who the engineer was texting with..., posted by Fine, Howard, and Fine on Sun Sep 14 08:13:28 2008. I agree. However, I could see any railroad employees posting to this board being told to stop being so "buddy-buddy" with civilians. |
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Re: Metrolink engineer texting with railfans |
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Posted by Easy on Sun Sep 14 11:40:06 2008, in response to Re: Metrolink engineer texting with railfans, posted by RonInBayside on Sun Sep 14 10:14:31 2008. She's always been good looking, but she does look bigger than she used to. |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Chris R16/R2730 on Sun Sep 14 11:41:11 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Dutchrailnut on Sun Sep 14 10:26:33 2008. If it turns out he was texting at the moment of the crash, I want to see him crucified. Literally. I'll supply the nails. |
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| (681090) | |
Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Chris R16/R2730 on Sun Sep 14 11:43:51 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by BMTLines on Sun Sep 14 11:25:49 2008. If that's true, why wasn't the switch set to allow the Metrolink train to continue? Shouldn't it have been in a different position to allow the freight to switch off in front of the Metrolink train? If it had been, the train would have derailed at the switch, but nobody would have died. |
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| (681093) | |
Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Zman179 on Sun Sep 14 11:46:03 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Chris R16/R2730 on Sun Sep 14 11:43:51 2008. If it had been, the train would have derailed at the switch, but nobody would have died.Not necessarily. Not every switch is designed to cause a derailment. These types will simply split and allow the offending train to pass. |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Dutchrailnut on Sun Sep 14 11:46:21 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Chris R16/R2730 on Sun Sep 14 11:43:51 2008. The mertolink train broke the switch , since it was in trailing position the train did nont derail. |
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Re: It doesn't matter who the engineer was texting with... |
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Posted by Chris R16/R2730 on Sun Sep 14 11:47:31 2008, in response to Re: It doesn't matter who the engineer was texting with..., posted by AMoreira81 on Sun Sep 14 10:48:20 2008. NJT supplies cellphones to it's crews and it's their primary means of communication. On 9/3 I saw two conductors using theirs to have police officers ready at Summit to remove an unruly/intoxicated passanger off a Gladstone train. Once the subway is wired for cellphone usage, I could see the MTA dumping their radios. Cellphones are more reliable. |
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| (681097) | |
Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Dutchrailnut on Sun Sep 14 11:47:49 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Chris R16/R2730 on Sun Sep 14 11:41:11 2008. hmm that really helps, he is already dead. |
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| (681098) | |
Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Zman179 on Sun Sep 14 11:49:14 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Dutchrailnut on Sun Sep 14 11:47:49 2008. Right. Like this country allows crucifixions. I think the engineer has already paid a heavy enough price for his actions. |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Easy on Sun Sep 14 11:50:06 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Dutchrailnut on Sun Sep 14 11:46:21 2008. They're saying on the local news that one of the things that the NTSB will be looking at is why the switch failed. They're saying that the Metrolink train should have been automatically switched to a siding. |
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| (681100) | |
Re: It doesn't matter who the engineer was texting with... |
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Posted by Chris R16/R2730 on Sun Sep 14 11:50:32 2008, in response to Re: It doesn't matter who the engineer was texting with..., posted by AlM on Sun Sep 14 10:51:16 2008. You don't need intent to convict someone for 2nd degree murder. However, I believe this is probably depraved indifference manslaughter (thank you, Dick Wolfe). |
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Re: It doesn't matter who the engineer was texting with... |
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Posted by Easy on Sun Sep 14 11:52:11 2008, in response to Re: It doesn't matter who the engineer was texting with..., posted by Chris R16/R2730 on Sun Sep 14 11:47:31 2008. When they showed the message from the Metrolink engineer it said Rob Sanchez@Metro...the rest was cut off. It could have been a company phone. |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by trainsarefun on Sun Sep 14 11:55:46 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Dutchrailnut on Sun Sep 14 10:26:33 2008. Is it a violation of FRA rules? As I recall, FRA dragged its feet after the fatal 2002 BNSF wreck caused by inattention owing to mobile phone usage by one of the engineers and said that individual RRs would or had already addressed the issue by railroad rules. |
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Re: It doesn't matter who the engineer was texting with... |
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Posted by Easy on Sun Sep 14 11:57:15 2008, in response to Re: It doesn't matter who the engineer was texting with..., posted by Easy on Sun Sep 14 11:52:11 2008. Oops. Unless that's how he was identified on the railfans phone...never mind. |
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Re: It doesn't matter who the engineer was texting with... |
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Posted by Broadway Lion on Sun Sep 14 11:58:36 2008, in response to Re: It doesn't matter who the engineer was texting with..., posted by AlM on Sun Sep 14 10:51:16 2008. He certainly had no intent to harm or kill anyone.You don't *know* that. You do not know what his intent was. Maybe he was despondent over affairs at home, finances, or just plain suicidal. Maybe he said "The hell with it!" and intentionally ran his train at full speed into an oncoming locomotive. Hell, maybe he got his training from Alquida in Someforeginstan. An investigation will show what an investigation will show. LION thinks that texting mitigates against such a conclusion, but it surely does not exclude it. Most likely scenario: He was a complacent jerk who was not following the rules. ROAR ON HIM |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Chris R16/R2730 on Sun Sep 14 12:02:45 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Zman179 on Sat Sep 13 23:09:01 2008. I often see engineers and train crews talking on their cellphones, usually to communicate reasons for delays, issues with door indication, etc. |
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Re: It doesn't matter who the engineer was texting with... |
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Posted by Broadway Lion on Sun Sep 14 12:04:58 2008, in response to Re: It doesn't matter who the engineer was texting with..., posted by Chris R16/R2730 on Sun Sep 14 11:47:31 2008. Martz Bus uses them to communicate between drivers, to report road conditions and stuff like that. LION has ridden right behind the driver, and while cell phones *might* be a good solution, their implementation of them surely is NOT. Looking down to speed-dial while operating a bus on the interstate is not a good idea.We have a cell phone on our ambulance. It is not in the driver's compartment, but it does have voice capabilities. I click the on button, and say "One" and it dials the Richardton Hospital. If I say "Two" it dials St. Joseph Hospital in Dickinson. If I say "three" it dials St. Alexius Hospital in Bismarck. If I say "Four" it dials Medcenter One in Bismarck. If I say "Five Three" it dials the switchboard at the Abbey. (See *my* radio number is 5553---cute eh?) Rig this up with a bluetooth something and the bus driver *could* make his communications safely. But a little pocket cell phone doesn't cut it according to the LION. ROAR |
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Re: It doesn't matter who the engineer was texting with... |
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Posted by Chris R16/R2730 on Sun Sep 14 12:05:09 2008, in response to Re: It doesn't matter who the engineer was texting with..., posted by Easy on Sun Sep 14 11:57:15 2008. Yeah, I don't see the engineers being supplied with text-capable devices. The phones NJT issues are very basic. |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Chris R16/R2730 on Sun Sep 14 12:06:27 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Dutchrailnut on Sun Sep 14 11:46:21 2008. Thanks for the explanation. |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Chris R16/R2730 on Sun Sep 14 12:08:13 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Dutchrailnut on Sun Sep 14 11:47:49 2008. I was speaking in general terms, not specific. Had any engineer doing that survived, I'd also bring the hammer. |
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Re: Metrolink engineer texting with railfans |
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Posted by Broadway Lion on Sun Sep 14 12:09:07 2008, in response to Re: Metrolink engineer texting with railfans, posted by Train Man Paul : Metro-North's Best Conductor FOR ALL 3 LINES!!! on Sun Sep 14 09:00:27 2008. I call myself a railfan when off duty, not a foamer, which sounds more like a reference to a rabid animal. :-DAnd your point is? ROARING (PS: WHO are *you* calling an ANIMAL!) ROAR |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Michael549 on Sun Sep 14 12:14:07 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by BMTLines on Sun Sep 14 11:25:49 2008. From a previous message: "The Metrolink engineer passed a red light at the point where the double track section merges to a single track. The freight was already in the single track section. Metrolink should have waited at the signal for the freight to pass but they didnt :-( "Maybe I am not following the story as closely as I should, or as closely as others, so forgive some of my questions. I am used to a subway system so from that framework I have a few questions. The driver of the train seems to have passed a red signal that he should have waited at. I thought that most or almost all railroad systems had a system in place where if the driver passes a red signal that the train is stopped automatically. Thus the rule of the red signal is enforced. Is that not the case here? (That is not to say that one should DEPEND upon such a system.) I thought that most or almost all railroad systems have a "switch board" or "model board" of the tracks so that the train dispatchers know what tracks that the trains are on, and where they are located to help forstall such problems. What was the case here? I thought that most or almost all railroad systems have a communications system in place to alert train drivers of conditions on the road, etc. Even in some cases via the communication system to slow or stop the train. What was the case here? I realize that probably the investigation is still on-going, and maybe that answers to some of those questions may come later. Just a few questions. Mike |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Bingham C50 on Sun Sep 14 12:14:07 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Easy on Sat Sep 13 21:04:19 2008. Why should railfans be penalized? It was the train operator who was at fault. |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Bingham C50 on Sun Sep 14 12:17:07 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by RonInBayside on Sun Sep 14 02:15:22 2008. "If you are taking pictures but leaving the engineer and conductor alone to do their jobs, I don't see the harm."Neither do I. |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Easy on Sun Sep 14 12:17:24 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Bingham C50 on Sun Sep 14 12:14:07 2008. I'm not advocating that railfans be penalized, but my suspicion is that railfans are going to be viewed as an unnecessary and potentially unsafe distraction for employees. |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by BMTLines on Sun Sep 14 12:22:11 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by RonInBayside on Sun Sep 14 02:15:22 2008. Exactly! What I can understand happening is that crew members will be less likely to interact with fans, which is just fine by me! There is no reason for anyone to allow himself/herself to be distracted at work and interacting with fans just lends itself to that. |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Chris R16/R2730 on Sun Sep 14 12:24:59 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Bingham C50 on Sun Sep 14 12:17:07 2008. I wonder if anyone will argue that photographers might "distract" engineers. It's a silly argument, but these are silly times. |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Bingham C50 on Sun Sep 14 12:25:37 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Easy on Sun Sep 14 12:17:24 2008. Railfans DID NOT create this tragedy, a stupid and careless train operator did.I'm sorry, but I am sick and tired of seeing responsible transit enthusiasts being blamed and targeted as scapegoats for the unsafe, reckless, and selfish actions of individuals who are trained and expected to be focused and dedicated professionals. |
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Re: Metrolink engineer texting with railfans |
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Posted by Jersey Mike on Sun Sep 14 12:28:20 2008, in response to Metrolink engineer texting with railfans, posted by Dutchrailnut on Sat Sep 13 20:43:55 2008. The NTSB says its a rumor, just like the story about the MTBA Green Line operator being on a cell phone when she ran a block signal on the D. |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by BMTLines on Sun Sep 14 12:29:19 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Easy on Sun Sep 14 12:17:24 2008. my suspicion is that railfans are going to be viewed as an unnecessary and potentially unsafe distraction for employeesThat happens now anyway but they can't pass laws that in any way prohibit taking a picture of a train from public property. |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Broadway Lion on Sun Sep 14 12:35:46 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Easy on Sun Sep 14 11:50:06 2008. There was no siding. That is the train *was* on the siding and passed a RED signal and broke a trailing switch to get off of it.Now maybe there *should* have been a tail track aimed at a bumper that would have prevented the train from entering the main line, but that there was not, and seldom ever is. Only place I have seen arrangements like that was on mountains, so that a train approaching too quickly (as in a runaway) will be shunted into a huge sand pile instead of continuing on the mane lion. ROAR |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Easy on Sun Sep 14 12:36:25 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Bingham C50 on Sun Sep 14 12:25:37 2008. Obviously railfans didn't create the accident, but I'm going to wait for more information before slamming the engineer even though it sure looks like he screwed up.And again I'm not saying that this is what I think should happen, but what I think will happen. Many Metrolink stations are already not very railfan friendly places. This accident is going to make them even less so. Metrolink apparently believes that their main function is to move passengers from one place to another and they tend to discourage people that are not passengers from hanging around. |
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Re: Metrolink engineer texting with railfans |
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Posted by Easy on Sun Sep 14 12:38:32 2008, in response to Re: Metrolink engineer texting with railfans, posted by Jersey Mike on Sun Sep 14 12:28:20 2008. No, the NTSB said that they have heard similar accounts in other accidents and those turned out to be rumors.In this case we've seen the text message so it's obviously not a rumor. Either it happened or the kids are lying. |
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Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans |
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Posted by Easy on Sun Sep 14 12:39:31 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by BMTLines on Sun Sep 14 12:29:19 2008. True, but are Metrolink stations public property? |
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Re: Amtrak: 400 Trapped Inside 2 Passenger Trains Near Donner Pass |
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Posted by BMTLines on Sun Sep 14 12:39:55 2008, in response to Re: KTLA CONFIRMS: Re: Metrolink engineer texting with railfans, posted by Chris R16/R2730 on Sun Sep 14 12:24:59 2008. They might try but case law would be against them since the right to photography from public space has been repeatedly upheld by courts.Here is a case where an ambulance crew refused to remove a body alleging interference by a photographer. The last sentence is of interest here and although it references the "press", constitutionally freedom of the press and free expression does not only refer to the mainstream media. Any artistic expression is covered: Connell v. Town of Hudson, 733 F.Supp. 465 (D.N.H. 1990): News photographer brought action against town for violation of his First Amendment rights. The Chief Judge, held that police officers violated news photographer's First Amendment rights at automobile accident scene to extent that restrictions they imposed upon him were greater than those necessary to prevent his unreasonable interference with police and emergency functions. Facts: photographer used several different methods to stay out of the cops way while taking accident photos and the cops threatened his arrest. He sued for damages and the cops defended by saying that they could regulate who could gather the news. The Court said: Defendants' most persuasive argument is that emergency personnel refused to remove Mrs. Cote's body until Connell stopped taking pictures. But even that fact does not provide the justification necessary to withstand judicial scrutiny. Although the emergency personnel and police may have thought it wrong for Connell to photograph the accident, it is not for them to protect “the privacy rights of the victim Mrs. Cote and the sensibilities of her family,” Defendants' Motion at 3, even in an attempt to curtail what they thought were the voyeuristic interests of a freelance photographer.FN6 As made clear by the United States Supreme Court, such are the dangers intrinsic to our notion of a free press. |
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