By Jennifer Brett and Katie Leslie
The Atlanta City Council is moving to repeal a decades-old ordinance aimed at "street photographers" deemed unconstitutional by a host of legal experts.
Credit: Jennifer Brett
Credit: Jennifer Brett
Councilman Kwanza Hall introduced legislation to repeal the ordinance at the council's Monday meeting.
"Photography may be deemed a form of “expression” that is subject to
constitutional protection pursuant to the United States Constitution’s First Amendment," the legislation read in part. "The City is re-evaluating its ordinances that affect expression... to determine if any ordinances should be repealed; and ... the City has determined that (the ordinance) should be repealed."
The language was entered on a first read on Monday. Next it goes to committee. A final vote could come in a few weeks, but it's essentially been repealed already. After the AJC and a local civil rights attorney raised questions about the ordinance last week, the Atlanta Police Department and Mayor Kasim Reed's administration issued a directive indicating that the ordinance "should not be used or referenced as a possible charge."
The ordinance dates back to 1977 (it's unclear what precipitated it) and reads: "It shall be unlawful for any person to engage in the business of taking photographs, intended to be offered for sale, of persons on the streets and sidewalks of the city in front of any place of business other than the person's own, unless the person shall have secured and have with such person at the time the written consent of the owner or manager of that place of business. The taking of photographs of persons on the streets in front of the place of business of another without the written consent of the other shall be deemed an offense under this section, whether or not a charge is made at the time of taking the photographs, if the photographs are taken for the purpose of sale."
Legal experts the AJC consulted all said the ordinance was a clear violation of the First Amendment.
"People have the right to film and photograph in public places," said attorney Gerry Weber. "Any ordinance that outlaws that is unconstitutional."
Georgia First Amendment Foundation executive director Hollie Manheimer added, "this ordinance will not withstand a court challenge."
Credit: Jennifer Brett
Credit: Jennifer Brett
Attorney Dan Grossman, who successfully sued the city for more than $1 million following the 2009 raid of the Atlanta Eagle Bar, noted that not only is it legal for a person to take photos on a public street, but it also is a federal crime to intentionally interfere with the exercise of a constitutional right.
Mickey H. Osterreicher, general counsel for the National Press Photographers Association, sent a letter to city officials on behalf of his organization and numerous other media groups.
Credit: Jennifer Brett
Credit: Jennifer Brett
“Streets, sidewalks and public parks are ‘traditional public spaces in which ‘the rights of the state to limit the exercise of First Amendment activity are sharply circumscribed,’” it read in part. “Photography is strictly protected by the Constitution as (in this case) both an expressive form of speech and for newsgathering. Nationwide, photographers are increasingly subject to harassment by police officers, who, under color of law, cite privacy, safety and security concerns as a pretext to chill free speech and expression or to impede the ability to gather news. The NPPA is concerned that this ordinance has provided the police with unbridled discretion to abridge the rights of photographers covering matters of public concern."
Several photographers have told the AJC that officers have recently cited the ordinance in rousting them from public streets near movie sets.
"I thought it was bogus," said Michael Griffin Jr., who'd been hearing about the new ordinance for weeks and feared it would hinder his business. "It was a big shocker to have that happen. We can't shoot from the sidewalk?"
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