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Photography Not Allowed in Downtown Silver Spring

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Photos by Chip Py  Pro User  says:

Chip Py
1707 Florin St.
Silver Spring, MD
20902

To Whom It May Concern:

I am a longtime resident of Silver Spring. Back in the mid nineties through
my involvement with the Greater Silver Spring Chamber of Commerce and what
was then called the Silver Spring Urban District, I participated in many of
the activities leading up to the development of the new Downtown Silver
Spring.

I have many hobbies and one of them is Photography. One could describe the
kind of pictures that I take as ³Urban Landscape². Through the popular
photography website Flickr, I participate in a photography group known as
³DC Neighborhoods² where we pick a neighborhood, photograph its character
and ambiance, and then post it to this site to share with the group and
others.

This past Tuesday, I went to downtown Silver Spring, had lunch, and then
took out my camera and standing on Ellsworth Avenue, I began taking shots of
the buildings with the blue sky and clouds as a backdrop. Almost
immediately, a security guard approached and told me ³there was no picture
taking allowed in Downtown Silver Spring.² What do you mean² I said, ³I am
on a city street, in a public place, taking pictures is a right that I have
protected by the first amendment.² The guard told me to report to the
management office.

There, Stacy Horan informed me that Downtown Silver Spring including
Ellsworth Avenue is private property, not a public place, and subject to the
rules of the Peterson Companies. They have a no photography policy to
³Protect them from people who might want to use the photographs as part of a
story in which they could write bad things about us.² And she told me that
many of the chain stores in Downtown Silver Spring don¹t what their
³concepts² to be photographed for security reasons. There was also a concern
that I might sell my photographs and that is not allowed. I told her that I
was well aware of my rights to take pictures on public property, any
pictures that I take I have a right to sell, and questioned how they could
have a policy that limits our individual rights when Downtown Silver Spring
was built with public money.

I found out later that it is true Ellsworth Avenue was turned over to
Peterson Companies through the process of condemnation.

So now I¹m wondering: If this is a $1.2 billion public/private investment as
stated in Tuesday¹s New York Times article about the downtown renaissance,
where do the public¹s rights end and the private corporations policies
takeover?? In discussing this with fellow Silver Spring residents I have
been told that we are not allowed to campaign, petition or protest in
Downtown Silver Spring. These are basic American values, true to our
beliefs, and in the Downtown Silver Spring they are banned?? In this age of
eroding individual rights should the people of Silver Spring accept this??

It is my understanding that the county continues to spend public funds
promoting Downtown Silver Spring and I wouldn¹t discourage this, but I think
that the county should have a conversation with the Peterson Companies about
their policies in regards to these basic American values and freedoms.

I don¹t think that the people of this county are willing to trade their
rights of free speech or the right to petition assemble and protest in their
own downtown for a Starbucks or a Potbelly¹s.
Originally posted at 9:28AM, 14 June 2007 PST ( permalink )
Photos by Chip Py edited this topic 31 months ago.

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katmere  Pro User  says:

I responded to this in DC Neighborhoods, and started some new threads elsewhere about starting an organized campaign against this type of abuse.
Posted 31 months ago. ( permalink )

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Zzzzt!Zzzzt!  Pro User  says:

I am shocked and appalled this is happening. I am totally against this type of censorship and the image-control of public property. This is so totally in opposition of free speech and basic constitutional rights, I am truly shocked they have the gall to even try this crap. Whatever we can do to alert the county about Peterson's abusive and fascist policies, I am for. Whether or not the county approves of such an outrage, I personally can not comply with it.
Posted 31 months ago. ( permalink )

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katmere  Pro User  says:

I suggest we also write to the heads of the Peterson Companies?

www.petersoncos.com/overview.htm
Posted 31 months ago. ( permalink )

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Photos by Chip Py  Pro User  says:

I suggest we write to our elected officials who were responsible for making this deal with Peterson and ask them to call Peterson.

A little of both is a good idea.

It has also been suggested that a 100 people stadning on Ellsworth taking pictures would be a great statement.
Posted 31 months ago. ( permalink )

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Photos by Chip Py  Pro User  says:

There has been a DC Photo rights group set up in Flickr.
Feel free to check it out and perhaps consider joining.
Chip
Posted 31 months ago. ( permalink )

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DancinT  Pro User  says:

Considering the millions of dollars in public funds that went into making downtown Silver Spring a succes this is a total outrage. On any given night it is county cops who are patrolling these sidewalks and streets. There are often a half dozen or so. So if this land is so private why are there not privately paid security guards? If I get attacked or hurt on these suppposedly private streets do now have the right to sue Peterson for inadequate security. I have feeling the answer is no because all of the sudden the streets and sidewalks (at least the part of the sidewalk near the curb) will be deemed public and under the jurisdiction of the city.
Posted 31 months ago. ( permalink )

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thecourtyard  Pro User  says:

Just Up The Pike has written about Peterson Companies and the community in Silver Spring, including this incident.
Posted 31 months ago. ( permalink )

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Zzzzt!Zzzzt!  Pro User  says:

NowPublic picked up one of my shots from downtown for a news article about this issue.
www.nowpublic.com/photography_banned_downtown_silver_spri...
Posted 31 months ago. ( permalink )

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Wayan Vota  Pro User  says:

If you've read the Baltimore Sun article, then you know that the Downtown Silver Spring developers have altered their policy to allow limited photographer access to Ellsworth Drive. That's great, but not what we're asking for.

Free Our Streets is asking for PFA Silver Spring LC to welcome photography, videography, and other filming on Ellsworth Drive, consistent with First Amendment rights as they would apply on any other public street.

The Downtown Silver Spring development includes $187 million in county and state funds and the once completely public property Ellsworth Drive, public investment that should come with public rights.

And so the Downtown Silver Spring Photo Walk is still on. A declaration of photographic freedom on July 4th.
Posted 31 months ago. ( permalink )

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pikkus  Pro User  says:

I am italian and we're living a worse situation. Due to a wicked regulation, we cannot share pictures under a CC share-alike license if they depict a work whose author is still alive or recently dead. So I founded a group called Panorama Freedom to protest againts this regulation and to warn tourists visiting Italy.
Posted 30 months ago. ( permalink )

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disownedlight  Pro User  says:

If they don't want bad things written about them, they have taken the entirely wrong tack.

Has anyone contacted the local media about this? Anyone want to flashmob downtown with cameras?
Originally posted 30 months ago. ( permalink )
disownedlight edited this topic 30 months ago.

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Zzzzt!Zzzzt!  Pro User  says:

Thanks again Chip, it was a great photowalk today, as about 200 of us stood up for our rights. Can't wait to see everyone's images...

ps: as I was leaving, noticed they had some poor guy mopping the public street clear of the chalk slogans written there... pitiful.
Posted 30 months ago. ( permalink )

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