Update 8/4/08 - Light at the end of the tunnel?

The top photo is exactly like one of the many photos an Air Force police officer made me delete from my camera last Thursday.

The reason he gave for making me delete the photo was that "It shows my perimeter fence and my flightline".

The lower half of the image above is the same area viewed in Google Earth with WAY more detail than I could ever hope to capture shooting from the racetrack. The Google Earth image is available to anyone on the planet earth with an internet connection and a computer. However my photo of the fence and the flightline is a security problem.

For the record, I was not on the air base. I was on private property (Las Vegas Raceway) across the street from the airbase and I was not taking photos of anything that was not clearly visible with the naked eye. Earlier in the day another Air Force police officer said it was perfectly legal to be there and to take photographs from there and asked us to "just stay on the racetrack side of the street" because the other side of the street is Air Force property.

I want to make it clear that the police officer that made me delete my photos was as nice as could be, acted in a very professional manner, never yelled or used foul language .... we even chatted about airshows and military airplanes ... but (in my opinion) he was clearly confused about photographer's rights and what constitutes a security risk to his air base. I could have challenged him and refused to delete the images and I'm sure I would have been 100% within my rights to do so ... but frankly I was not up for the fight at that moment ... after all this was the same day my truck was broken into and I was mentally, physically and emotionally exhausted... deleting the images seemed like the easiest way to avoid a problem. I'm not entirely sure but I would not be surprised if he was also out of his jurisdiction. It seems strange to me that Air Force police would have authority over a civilian that is not on Air Force property. ... but that's another issue entirely for another day.

Stories like this are becoming more and more common and it's very troubling to me as someone that loves to go out and take photos. Every incident that I've had like this and almost every incident that I've read about have one thing in common, the police/security people are convinced that they are doing the right thing and they are acting in good faith the protect (whatever they are meant to be protecting) and in most cases they are very nice and reasonable ... but they are still wrong in many cases and they are (with or without intent) often trampling on the constitutional rights of people just out having a good time with their hobby (or business), photography.

Something needs to be done to educate photographers and police/security personnel about what our rights and responsibilities are and what really constitutes a security risk.

I don't know what the answer to this problem is ... but I am sure that if we just let the problem keep getting worse there will come a day when we'll be afraid to leave your houses with our cameras. A writer from JPG magazine said it pretty well ""In a post 9/11 age of paranoia and suspicion, public photography is increasingly seen as threatening, or mistaken as criminal...Amateur photographers are the documentarians of real life. We capture our world to help us understand it. We are not a threat."

I'm always talking about this issue on my podcast, I think it's probably one of the more important issues concerning photographers today.

I started a website tonight dedicated to this issue ... I'm not sure what will become of the website but I'm hoping to use it as an educational tool for photographers and those people tasked with keeping us safe. For now I've just posted some basic information on the site and some resources for photographers. You can check it out at www.photographyisntacrime.com/

Update: 5/15/08:
Entire text (in audio format) of the letter to the Air Force is here

Update 5/22/08:
All emails to the Nellis Public Affairs Office since May 12th have gone unanswered.

Today I have I have written to an attorney that specializes in photography law to see if she is interested in pursuing this matter.

I will keep you posted.

Update 5/30/08:

Email from the 99 ABW/ PA Office
I have talked with several individuals regarding this matter and before I give you the official response I would like to ask you to remain patient for a couple more days. We will give you an official response next week.

Update 6/09/08:

I just got off the phone with the 99ABW Public Affairs Office.
It seems they are putting the finishing touches on the response letter to me at this moment and I can expect to see it possibly later today or tomorrow. The public affairs officer stated that he was not able to tell me what the response will say until it is actually finalized but that he thinks I "will be happy with the response".

Update 6/12/08:

Still nothing from the Air Force. I'm starting to fear that they are stalling and waiting for me to get tired of this game and go away. This is not a game, I think this is a very serious and important issue for all photographers and I will not let it go. Maybe they've discovered that what the SP did was a crime and a violation of my rights and they are afraid to admit fault? Maybe they are afraid of a lawsuit? Who knows. I'll keep you all posted as things progress.

Update 6/17/08:

I received this email today

Allen

I sent you an invitation to join us in July and August for Red Flag
media days. As I said in my earlier e-mail, you will have to pass a
routine background check. If you are interested in joining us, please
provide the requested information in my earlier e-mail.

While I agree with you that our security forces Airman should not have
forced you to erase your photos, I am not in a position to apologize for
the Air Force. An apology has been requested from the 99th Security
Forces Group and I hope that they will eventually send you a letter.

In the meantime, our media days offer photographers like you an
excellent location between the runways for a full daytime launch and
recovery. You will be as close as 150 feet to aircraft in full
afterburner as they rotate on takeoff.

Please let me know if you would like to join us.

Regards

Mike Estrada, YC-02
Deputy Director of Public Affairs

I have now officially grown tired of this B.S.
Today I have written to the Las Vegas Sun newspaper regarding this issue and I will be re-establishing contact with the lawyers that I contacted earlier. The continued stalling techniques are more than annoying. And now the offer of a media day pass for Red Flag is an obvious tactic to make me happy and go away.

Update 7/2/08:

I just got off the phone with Col Howard Belote's office (base commander). The nice lady (Janet) says that my letter has not arrived at the Colonel's office yet. So I emailed her the letters and she is going to forward the information to the Colonel and he should be calling me soon.

Update 7/7/08:

Janet Duenas-Resto just confirmed that the letters I sent to the commander were received.

Her email from today:

Received. Am working it and will get back to you shortly.

janet.
99 ABW/CCS
4430 Grissom Ave, Ste 101
Nellis AFB, NV 89191-6520
Tel: (702) 652-9900 / DSN 682-9900
Fax: (702) 652-9832 / DSN 682-9832

Update 7/14/08
Request to fellow photographers.

If you think that what happened to me at Nellis was wrong and you do not want the same thing happening to you some day, please help me by expressing your opinions to the Las Vegas media and the authorities at Nellis AFB.

This is a matter of protecting your rights as a photographer.

I think it's important for these people to realize that I am not just one lone wacko out here writing letters ... there are several of us wackos

What we need from Nellis (or the Air Force) is answers to the following 7 questions: (feel free to cut and paste these into your emails)

1. Do the Air Force police have jurisdiction over civilians outside of the air base?

2. Do the Air Force police have the authority (without a court order) to look at my photos? If so, under what authority?

3. Do the Air Force police have the authority (without a court order) to force me to delete my photos
(Seizure of my private property)? If so, under what authority?

4. Do the Air Force police have the authority to detain and question a civilian on public or private property that happens to be in the proximity of an Air Force base?

5. Do the Air Force police have the authority to force me to move from private or public land just because I can see the air base from where I am standing.

6. Does the Air Force in fact have regulations regarding photography of “less common” aircraft? I’m not referring to secret or classified aircraft, but rather aircraft in the USAF inventory (as the officer stated) “in lower numbers”.

7. Does the Air Force have regulations concerning civilians photographing aircraft from public or private land outside of air bases?

You may submit your opinions on this matter to and or all of the following:

Las Vegas Sun Newspaper
ellen.wager@lasvegassun.com
feedback@lasvegassun.com

KTNV ABC 13 Las Vegas
kmovesian@ktnv.com
desk@ktnv.com

KVBC NBC 3 Las Vegas
jkotnik@kvbc.com
mfirestone@kvbc.com
cholmes@kvbc.com

Nellis AFB Public Affairs Office
99abw.pa@nellis.af.mil
michael.estrada@nellis.af.mil

Col Howard Belote's office, Commander Nellis AFB
99abwccs@nellis.af.mil
janet.duenas-resto@nellis.af.mil
99abwds@nellis.af.mil
99abwccs@nellis.af.mil

Here is a link to a sample letter you may or may not want to use as a starting point for your letter to Nellis AFB

http://www.allensphotoblog.com/Sample.txt

Update 7/15/08

Letters written today to:
Senator Harry Reid (D-NV)
Senator John Ensign (R-NV)
Representative Shelley Berkley (D-NV)

I am so tired of being ignored by the people at Nellis. Maybe these people can get some answers.

I really want to go shoot pictures at RedFlag, but I just can't do it till I'm sure I know my rights and will not be harassed by the SPs like I was at JEFX. What's the point of going if some kid 1/2 my age with an M-16 is going to make me delete my photos.

Update 8/4/08

Contacting the base commander's office may have finally paid off for us. Today I received the following email from my contact at Col Belote's office:

Hi Mr Rockwell

I apologize for the lateness in my reply. Letter has been written, signed,
sealed in an envelope and on its way to your ..... address. I
can scan it in if you desire as well.

janet.
99 ABW/CCS
4430 Grissom Ave, Ste 101
Nellis AFB, NV 89191-6520
Tel: (702) 652-9900 / DSN 682-9900
Fax: (702) 652-9832 / DSN 682-9832

So, hopefully tomorrow I'll have an email copy of the letter that was sent.