By
wayan on July 31st, 2007
From the Washington Post:
“Developers cannot prohibit people from taking photographs on public-private space in downtown Silver Spring, the Montgomery county attorney declared yesterday in a letter to County Executive Isiah Leggett.
In an eight-page letter, County Attorney Leon Rodriguez said that the street in question, Ellsworth Drive, “constitutes a public forum” and that the First Amendment’s protection of free speech applies there.
The “publication, dissemination and display of photographs have long been recognized as protected speech” under the Constitution, Rodriguez wrote.
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By
wayan on July 30th, 2007
From Marc Fisher, Washington Post:
“In the continuing saga of the fight for First Amendment rights in the publicly-owned but privately-managed downtown Silver Spring, Montgomery County’s chief lawyer today released a strongly worded opinion making it clear that the new downtown development is public space and must be open to public expression, whether political, religious or the simple act of taking photographs.
The opinion is clear from its first words: “Ellsworth Drive constitutes a public forum.”
In an elegantly reasoned and clear opinion, Assistnt County Attorney Nowelle Ghahhari reminds the Peterson Companies, the developers of the highly successful downtown project, that the land upon which their development sits is public and that the developer has the right only to close Ellsworth Drive to vehicular traffic from time to time, not pedestrian traffic.
Citing court cases in which judges have defined public for as “those places which ‘by long tradition or by government fiat have been devoted to assembly and debate’,” the opinion says that streets and sidewalks are clearly such public places.”
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By
wayan on July 25th, 2007
From the MoCo Gazette
“The developers of downtown Silver Spring cannot prohibit visitors from taking pictures on the Ellsworth Drive property, Montgomery County Executive Isiah Leggett announced Friday, publicly stating his position for the first time on a civil liberties controversy over use of the public-private space.
‘‘The [c]ounty considers Ellsworth to be a public forum permitting the free and unfettered exercise of First Amendment rights by residents of the county and its visitors,” Leggett (D) wrote in a letter to PFA Silver Spring LC and The Peterson Cos.
PFA Silver Spring is the name of holding company that developed downtown Silver Spring, including The Peterson Cos., the Foulger-Pratt Co. and Argo Investment Co. The Peterson Cos. leases the development and Ellsworth Drive from the county for $1.
Leggett was responding to an incident in June, when a security guard stopped amateur photographer and Silver Spring resident Chip Py from taking pictures of the property. Py, who said he was taking general photos of the area on a nice day, argued the street should be considered public property since $450 million in public funds has been invested into the property.”
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By
wayan on July 21st, 2007
From the Washington Post:
“County Executive Isiah Leggett weighed in on the debate over the protection of civil liberties in public-private space yesterday with a letter telling the developers of downtown Silver Spring that they cannot prevent people from taking pictures in public areas.
“The County considers Ellsworth to be a public forum permitting the free and unfettered exercise of First Amendment rights,” Leggett (D) said in the letter to PFA Silver Spring LC and the Peterson Companies.
A dispute over security vs. public access erupted after Chip Py, an amateur photographer, was stopped in June by a security guard while taking pictures on Ellsworth Drive in the heart of downtown and was told he needed permission. ”
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By
wayan on July 20th, 2007
From Marc Fisher, Washington Post:
“In the continuing saga of a private developer’s attempt to restrict freedom of speech in downtown Silver Spring, Montgomery County Executive Ike Leggett today delivered a powerful blow to those who would ban photography, political campaigning and other forms of speech on publicly-owned but privately-managed streets.
Leggett wrote to executives at The Peterson Companies and Foulger Pratt, the companies that built and control the $400 million downtown Silver Spring development, to make it clear that the county cannot stomach the developer’s position in the controversy that exploded this summer after nearby resident Chip Py was prevented from taking pictures on what appears to be a public space.”
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By
wayan on July 15th, 2007
From the Washington Post Editorials:
“THE DEVELOPERS who manage the heart of Silver Spring’s vibrant new downtown have backed away from their silly stance discouraging some sorts of street photography and video-making there, even going so far recently as to put up a banner over Ellsworth Drive welcoming picture-taking.
That’s an encouraging step, or rather half step. By continuing to insist that the area is private property and therefore subject to such prohibitions and policies as they see fit, the developers misread both the legal arrangements and what should be the governing spirit of the place.”
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By
wayan on July 6th, 2007
From the Montgomery County Sentinel:
A picture is worth 1,000 words, unless one of them is “No.”
The Rockville Town Square management company may enforce a policy similar to that in the Silver Spring Town Center. Two weeks ago, a security officer there stopped a man from taking pictures of that area’s open-air shops and restaurants even though the pictures were for his own recreational use.
“If you can’t take pictures, you can’t do a lot of other things like assemble, protest or run for office, or do other core, American values,” said Chip Py, the amateur photographer who was stopped by Silver Spring Town Center security guards as he was taking pictures of the town center’s landscape. “These are all basic, First Amendment rights.”
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By
wayan on July 6th, 2007
From Marc Fisher, Washington Post:
The battle over the right to treat downtown Silver Spring as if it were a real downtown–that is, a public space where people have the right to express themselves as the Constitution guarantees–continues. In the latest chapter, the developer has announced–get this–a photo contest in which winners will get $100 in coupons for doing what the developer still insists it has a right to prohibit: Take photos in an open public space.
But now, the battleground shifts a few miles to the north, to downtown Rockville, where the new town center–also a private development spurred by considerable public investment–is also making noises about preventing citizens from taking photos in what appears to any reasonable person to be a public space.
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By
wayan on July 5th, 2007
From Marc Fisher, Washington Post:
Dozens of photographers and people who believe in the right to take photos in public spaces spent the midsection of the Fourth not sitting at home watching America reclaim the Mustard Belt–the world title in competitive hot dog eating–but out in downtown Silver Spring, where until recently it was forbidden to take pictures on what looks like a public street.
Yesterday’s protest action–a simple stroll through the retail strip built by the Peterson Companies while taking pictures–is just one step in the grassroots effort to reclaim Silver Spring’s center as a public space.
The land is still owned by Montgomery County, but the lease under which the downtown development operates has been interpreted to mean that the developer may regulate visitors’ behavior as the owner of a shopping mall does, restricting political, religious and other forms of public expression. But the downtown street that Peterson manages is different, if only because the public perceives it as a seamless continuation of all the surrounding public streets.
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By
wayan on July 5th, 2007
From DC Examiner:
“More than 100 photographers and supporters used Independence Day to protest what they called the recent infringement on the freedom of a local shutterbug to take pictures at a Silver Spring development built with taxpayer help.
Chip Py, whose recent run-in with private security guards was the focus of the event, said the rally was aimed at confirming the First Amendment rights of photographers and others on property developed by public-private partnerships.
The conflict began June 12, when Py says a security guard told him he wasn’t allowed to take photos on the redeveloped Ellsworth Drive property. Py objected, citing the use of more than $100 million in taxpayer dollars to help redevelop the area and its status as a public-private partnership. Management ultimately allowed him to take the photos, but Py said he was concerned that he was stopped in the first place.
“Our rights to take photos in a public place don’t come from any company,” Py said. “They come from the Constitution.”
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By
wayan on July 2nd, 2007
From the Metro Express:
“Its usually easy to tell which spaces are public or private. The Mall in Washington is public, the shopping mall near your house is private. But in this case, it’s a bit more tricky: Downtown Silver Spring — the mixed-use private development built in part with public funding that’s centered on Ellsworth Drive in Montgomery County might look public, but it’s not. And that catches some visitors by surprise.
Last month, a security guard stopped amateur photographer Chip Py as he was taking photos in Downtown Silver Spring, which was developed by Peterson Cos., which is also building National Harbor in Prince George’s County. The move to restrict photography incensed many who fumed that a private developer shouldn’t be able to dictate control of a space paid in part with public funding.”
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By
wayan on July 1st, 2007
From the Washington Post:
“The developer of downtown Silver Spring has backed off its policy of forbidding photography in the area without its explicit permission, but local photo enthusiasts are not satisfied.
A debate over the protection of civil liberties in public-private partnerships ignited when a security guard stopped amateur photographer Chip Py two weeks ago as he took pictures on Ellsworth Drive, a part of downtown developed by PFA Silver Spring LLC.
The developer of downtown had recently blocked Chip Py from taking pictures of the area, which was renovated with public money. Py and other photography enthusiasts reacted in outrage that a developer could control who took pictures in an place renovated with millions of county dollars.
“The issue that’s been burning up the minds and hearts of people has been: This is public money, and now it’s being run like a company,” Py said.”
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By
wayan on June 30th, 2007
From Marc Fisher, Washington Post:
“Chip Py’s run-in with the picture police of downtown Silver Spring has morphed into a good old American fight for the right to express oneself.
Py, a Silver Spring resident, discovered earlier this month that what looks and feels like any old public downtown is in reality a private, if roofless, shopping mall where private security guards can and will stop you from taking pictures just because the developer who controls the place feels like exercising its control jones.
Now, amateur photographers from all around the region have decided that they too can flex their muscles, and they plan to gather on Ellsworth Drive on the Fourth of July to demonstrate their right to take photographs in a public setting. The Free Our Streets movement is quickly gathering steam, and that’s caused something of a reaction from the powers that be.
The Peterson Companies, the developer that took advantage of $100 million in generous taxpayer support to get their lovely downtown retail strip going, is apparently running scared, and has offered what it terms a compromise. But it’s an empty offer. Peterson will put up a “Welcome Photographers” banner, but the reality is that the company is in no way conceding that the street it controls is open to the public in any meaningful way”
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By
wayan on June 30th, 2007
Have you looked at the Penguin poll on Ellsworth Drive photography lately?
There you’ll note that 91% of respondents so far believe that photography should be allowed in Downtown Silver Spring.
We at Free Our Streets agree, of course, but we also believe that photography on Ellsworth Drive should not be subject to a policy statement.
Our goal is to have PFA Silver Spring LC welcome photography, videography, and other filming on Ellsworth Drive, consistent with First Amendment rights as they would apply on any other public street. And we invite you to join us in our efforts.
You can contact your councilmembers to express your opinions on the matter and join us on the 4th of July for the Downtown Silver Spring Photo Walk.
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By
wayan on June 29th, 2007
From Just up the Pike:
“SIDE NOTE: I was accosted by security this afternoon while attempting to photograph the atrium of an office building on 12th Street in Downtown D.C. - while at work there . . .
This morning, the Peterson Companies has offered an olive branch of sorts to the photographers and bloggers it has recently slighted in Silver Spring (a detailed play-by-play of which can be found at the Baltimore Sun)….
…Peterson, owner of the Downtown Silver Spring complex, recently came under scrutiny for its “no photography” policy on Ellsworth Drive after security guards accosted photographer Chip Py two weeks ago. Py was unimpressed by the Peterson Companies’ reversal. On the Free Our Streets blog, he said that the photographers’ protest planned for July 4th on Ellsworth will go on as planned.”
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By
wayan on June 29th, 2007
From the 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.
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By
wayan on June 28th, 2007
From Associated Content:
“Washington DC area photographers, fed up with developers and security officials attempting to restrain their right to take photographs in public spaces, will challenge the bans this Independence Day in the true spirit of American patriots.
Since 9/11, photographers have increasingly complained about security guards and others interfering with their right to photograph in public spaces. When amateur photographer Chip Py was stopped in downtown Silver Spring, Maryland, a Washington, DC suburb, in mid-June by a security guard who told him that photography was banned in downtown Silver Spring, his fellow photographers sprang into action, planning an Independence Day protest in the style of our founding fathers.”
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By
wayan on June 27th, 2007
From MoCo Gazette:
“It was a beautiful afternoon in downtown Silver Spring and Chip Py wanted to capture the images he saw on film while testing a new filter he had bought for his camera.
The Silver Spring resident stood on Ellsworth Drive and took a few pictures, but was approached almost immediately by a security officer who told him photography was not allowed.
Unconvinced, since he knew photography was allowed in public places, Py said he went to talk to the Peterson Co. management office, which oversees the development on Ellsworth Drive, including Silver Plaza.
‘‘On a public street, I can take pictures of anything I want,” Py said. ‘‘But I was told it wasn’t a public street.”
Py, 43, said he was told by management that the no-photography policy protects the company from people who might want to say or write negative things. In addition, many of the chain stores do not want their concepts to be photographed. There was also concern that Py might sell his photographs.”
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By
wayan on June 26th, 2007
From the Silver Spring Penguin:
“Is the Downtown Silver Spring shopping center public or private space?
Local shutterbug Chip Py was snapping pics along Ellsworth Drive recently when security guards asked him to stop. It turns out Ellsworth Drive and the entire Downtown Silver Spring shopping district is leased to a private company, which deems photography a no-no”
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By
wayan on June 25th, 2007
From On The Commons:
“Amateur photographer Chip Py was wandering around the newly developed downtown section of Silver Spring when he decided to snap a few pictures. He thought the building rooftops set against the blue sky made for a handsome image. A security guard promptly rushed out to tell him that he was not allowed to take pictures; the Peterson Companies, the developer of Ellsworth Street, prohibited it.
Welcome to the latest enclosure of the commons: privately controlled public streets. Even if streets may be nominally public, companies have few qualms about claiming them as private and bullying people into forfeiting their rights as citizens.”
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By
wayan on June 25th, 2007
From Silver Spring Scene:
“I think this issue deserves ongoing attention. I’m still mystified by the fact that Peterson Companies (which I guess includes Foulger Pratt and Argo Investment since they have a share in the project) are actually keeping people from taking pictures.
As posted on the Silver Spring Singular, Peterson Cos argues that they don’t want bad publicity but I guess their out of luck as the news has hit the local TV stations.”
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By
wayan on June 22nd, 2007
From Now Public:
“You’re going to want to read the following two paragraphs twice because you’re not going to believe them.
‘This past Tuesday I went to downtown Silver Spring, had lunch, and then took out my camera and standing on Ellsworth [Drive], 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 ‘there was no picture taking allowed in Downtown Silver Spring.’ ‘What do you mean?’ I said, ‘I am on a city street, in a public place — taking pictures is a right that I have protected by the first amendment.’ The guard told me to report to the management office’.”
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By
wayan on June 22nd, 2007
From Boing Boing:
“Jordan says: Security guards in a Silver Springs business district are enforcing a “no photography” policy, under the false claim that the street in question is private property. The Peterson Company, which manages the buildings on this DC-area street, claims the right to protect their brand.”
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By
wayan on June 21st, 2007
Video on Fox News.
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By
wayan on June 21st, 2007
From Metroblogging DC
“The Washington Post’s Mark Fisher has a column today about an incident between local shutterbug Chip Py and some Silver Spring security guards. Chip talks in his own words about the incident here and describes an interaction with the developer that is annoying, but not too surprising. BoingBoing runs stories all the time about photogs harassed by ignorant and/or arrogant security guards and the reason sites like Freedom to Photograph exist is in no small part because of these kinds of events.”
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By
wayan on June 21st, 2007
From Marc Fisher, Washington Post:
“In just seven years, the new downtown Silver Spring has become a bustling restaurant scene, a business center and a public gathering spot popular with all ages. Except maybe we should reconsider the “public” part.
Chip Py, a longtime resident of Silver Spring, recently returned to an old interest in photography. While wandering through downtown after eating lunch there last week, he took out his camera and started to take shots of the contrast between the tops of the office buildings and the sparkling blue sky.
Within seconds, a private security guard was at Py’s side, informing him that picture-taking is not permitted, no explanation given.”
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By
wayan on June 19th, 2007
From The New MoCo Progressive:
“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 “there was no picture taking allowed in Downtown Silver Spring.” “What do you mean”, I said, “I am on a city street, in a public place, taking pictures is a right that I have protected by the first amendment.” The guard told me to report to the management office.”
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By
wayan on June 14th, 2007
From the Silver Spring, Singular:
“It appears as if Downtown Silver Spring has become one of the increasing number of places in America where photography is banned. According to this photographer, The Peterson Companies, developer and manager of DTSS, has decided that taking photographs is a no-no.”
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