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KELLY BREWINGTON, BALTIMORE SUN - The snapshots seemed harmless, or so
Chip Py thought. Strolling around downtown Silver Spring on a recent
afternoon, the amateur photographer began shooting the architecture of
one of the city's grandest revitalization efforts -- a popular mix of
shops, restaurants and outdoor gathering spaces that has transformed the
once sleepy downtown area.
The photo shoot was cut short when a security guard ordered Py to stop,
saying that photographs were not allowed on the private property. Py was
upset. Wasn't downtown Silver Spring, a project built with millions in
city and state funds, a public space?
According to the developers and Montgomery County officials, the answer
is no.
Py has since organized a group of about 250 concerned residents and
consulted an attorney with the American Civil Liberties Union to fight
what he called an attack on his First Amendment rights.
Last night, the development team, PFA Silver Spring LLC, issued a new
policy, allowing photography in the area. And on July 4, it plans to
display a "Welcome Photographers" banner on the site.
But Py insists photography is not his sole concern. All types of free
expression should be permitted, from political campaigning to handing
out fliers and other literature, he said.
"They are telling us it's OK to take pictures on the street, but we
don't have any other First Amendment rights," he said. "They don't want
to talk about public-private rights on a street. ... We are asking for
some First Amendment considerations in our town."
At noon on Independence Day, Py's group is planning a march on Ellsworth
Drive, which runs through the development. . .
Meanwhile, Montgomery County officials have stayed out of the debate for
the most part, saying that since the county leases the property to the
development team, the question of what is permissible should be the
developers' decision. . .
In a letter to the developers, Py articulated his concern with a
question: "Where do the public's rights end and the private
corporation's policies take over?"
Legal experts say the distinction is not always clear. As private firms
purchase more public land, the question of public access can become
complex, said C. Thomas Dienes, Lyle T. Alverson professor of law at
George Washington University. . .
"This issue keeps coming up -- is this really public, or is it private?
And what is the scope of the public forum?" he said. "There is no hard
and fast rule. This is very much a work in progress.". . .
"To the extent that a private property owner opens the property up to
public uses, it's almost like a waiver of private property rights," he
said.
Photographers should have been allowed on the property from the start,
he said, as long as they were not interfering with activity around them.
After all, how does one distinguish a photographer taking snapshots from
anyone else shopping or dining in the area? he asked.
But making a case for First Amendment rights could be tough, Dienes
said.
"Typically, a private property owner can't violate your First Amendment
rights, only the government can," he said.
http://www.baltimoresun.com/news/local/bal-md.photo29jun29,0,4435771.story
||||||||||||||||||||||||||||||||||||||||||||||||||||||||
KELLY BREWINGTON, BALTIMORE SUN - The snapshots seemed harmless, or so
Chip Py thought. Strolling around downtown Silver Spring on a recent
afternoon, the amateur photographer began shooting the architecture of
one of the city's grandest revitalization efforts -- a popular mix of
shops, restaurants and outdoor gathering spaces that has transformed the
once sleepy downtown area.
The photo shoot was cut short when a security guard ordered Py to stop,
saying that photographs were not allowed on the private property. Py was
upset. Wasn't downtown Silver Spring, a project built with millions in
city and state funds, a public space?
According to the developers and Montgomery County officials, the answer
is no.
Py has since organized a group of about 250 concerned residents and
consulted an attorney with the American Civil Liberties Union to fight
what he called an attack on his First Amendment rights.
Last night, the development team, PFA Silver Spring LLC, issued a new
policy, allowing photography in the area. And on July 4, it plans to
display a "Welcome Photographers" banner on the site.
But Py insists photography is not his sole concern. All types of free
expression should be permitted, from political campaigning to handing
out fliers and other literature, he said.
"They are telling us it's OK to take pictures on the street, but we
don't have any other First Amendment rights," he said. "They don't want
to talk about public-private rights on a street. ... We are asking for
some First Amendment considerations in our town."
At noon on Independence Day, Py's group is planning a march on Ellsworth
Drive, which runs through the development. . .
Meanwhile, Montgomery County officials have stayed out of the debate for
the most part, saying that since the county leases the property to the
development team, the question of what is permissible should be the
developers' decision. . .
In a letter to the developers, Py articulated his concern with a
question: "Where do the public's rights end and the private
corporation's policies take over?"
Legal experts say the distinction is not always clear. As private firms
purchase more public land, the question of public access can become
complex, said C. Thomas Dienes, Lyle T. Alverson professor of law at
George Washington University. . .
"This issue keeps coming up -- is this really public, or is it private?
And what is the scope of the public forum?" he said. "There is no hard
and fast rule. This is very much a work in progress.". . .
"To the extent that a private property owner opens the property up to
public uses, it's almost like a waiver of private property rights," he
said.
Photographers should have been allowed on the property from the start,
he said, as long as they were not interfering with activity around them.
After all, how does one distinguish a photographer taking snapshots from
anyone else shopping or dining in the area? he asked.
But making a case for First Amendment rights could be tough, Dienes
said.
"Typically, a private property owner can't violate your First Amendment
rights, only the government can," he said.
http://www.baltimoresun.com/news/local/bal-md.photo29jun29,0,4435771.story
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