A story on photo bullying

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David Lyga

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RTHOMAS:
About the Second Sunday Camera Show that you asked about: I had been going from Philadelphia (public transport) for about two years and there was a patron on the bus with me who was a regular like me. He had a 50mm El Nikkor for sale for $15 and I said I would like it. We got off the bus and walked to the Firehouse (where the show is held) and as we were walking in I asked to see it. The proprietor told me that that was not permitted so we went out to the parking lot. He followed us and started to give me royal hell and threatened to call the police. NOTE: the patron NEVER received even a modicum of criticism and HE was the person selling the lens. Can anyone infer why? I gulped and went back into the show area and made my purchases as always. I will state now that I bought tons of stuff every show because there is a dealer there (Artie Duren) who is a human example of exemplary humanity. After the show was over I went to the female at the ticket counter and apoligized for anything I might have done despite distinctly hearing her thank the thug who screamed at me. I then left to go back to get the bus to Newark where I would get my train back to Philadelphia. I thought and pondered and decided to write a rather lengthy letter to the show's management and also posted it in the 'Lounge forum' here (I believe Jan 2008 or thereabouts). I received a torrent of hate emails from many of the show's dealers and many, many hate postings from this forum. Oddly, Photo.net respondees were much more understanding and conciliatory. Thinking hard and honestly about this incident I have come to the conclusion that the hate was really because I was such an astute buyer and did not patronize dealers who wished to fleece me (I do not think that either Arnie nor Arite, who are twins by the way, even know HOW to fleece anyone). They were jealous that the Durens got 90% of my business. After that hate spate I decided to never return because I was not prepared for both the hate gauntlet at the door the next time I entered (both management and dealers) and was genuinely afraid of the Wayne police waiting for me to stub my toe and then arrest me. When you are a local proprietor and hold a show at the Wayne, NJ firehouse you have 'clout' and sometimes 'own' the police whom I have no reason adhere to a sense of ethics (that would place me in a neutral position). I could name names, some of whom are familiar to this forum, but I will spare the ignominy. Each morning when I wake up I remember fully, and personally acknowledge to myself that I have hurt no one. I would rather be a victim than be a perpetrator in life. But that assessment is not good enough for some ethically challenged people out there. - David Lyga (david33x@yahoo.com)
 

Worker 11811

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Remember that there is US federal law which protects the citizen's civil rights.

Title 42 USC § 1983. -- http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc42.pt1.wais&start=26686278&SIZE=2538&TYPE=TEXT

From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 42USC1983]

[Page 3694-3695]

TITLE 42--THE PUBLIC HEALTH AND WELFARE

CHAPTER 21--CIVIL RIGHTS

SUBCHAPTER I--GENERALLY


Sec. 1983. Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation,
custom, or usage, of any State or Territory or the District of Columbia,
subjects, or causes to be subjected, any citizen of the United States or
other person within the jurisdiction thereof to the deprivation of any
rights, privileges, or immunities secured by the Constitution and laws,
shall be liable to the party injured in an action at law, suit in
equity, or other proper proceeding for redress, except that in any
action brought against a judicial officer for an act or omission taken
in such officer's judicial capacity, injunctive relief shall not be
granted unless a declaratory decree was violated or declaratory relief
was unavailable. For the purposes of this section, any Act of Congress
applicable exclusively to the District of Columbia shall be considered
to be a statute of the District of Columbia.

(R.S. Sec. 1979; Pub. L. 96-170, Sec. 1, Dec. 29, 1979, 93 Stat. 1284;
Pub. L. 104-317, title III, Sec. 309(c), Oct. 19, 1996, 110 Stat. 3853.)

Codification

R.S. Sec. 1979 derived from act Apr. 20, 1871, ch. 22, Sec. 1, 17
Stat. 13.
Section was formerly classified to section 43 of Title 8, Aliens and
Nationality.


Amendments

1996--Pub. L. 104-317 inserted before period at end of first
sentence ``, except that in any action brought against a judicial
officer for an act or omission taken in such officer's judicial
capacity, injunctive relief shall not be granted unless a declaratory
decree was violated or declaratory relief was unavailable''.
1979--Pub. L. 96-170 inserted ``or the District of Columbia'' after
``Territory'', and provisions relating to Acts of Congress applicable
solely to the District of Columbia.


Effective Date of 1979 Amendment

Amendment by Pub. L. 96-170 applicable with respect to any
deprivation of rights, privileges, or immunities

[[Page 3695]]

secured by the Constitution and laws occurring after Dec. 29, 1979, see
section 3 of Pub. L. 96-170, set out as a note under section 1343 of
Title 28, Judiciary and Judicial Procedure.

This makes it a civil action for anybody to violate a persons civil rights guaranteed under the constitution.
This law was made back in the post-Civil War days to prevent government officials from discriminating against newly-freed Black people. Its purpose was to make it so that people didn't have to take their case all the way to the Supreme Court to have their problems redressed. They could simply file suit in Federal court.

So, if a cop harasses you for taking pictures, he is technically in violation of 42 USC-1983. He an his supervisors, subordinates or peers who did not act to stop him from proceeding with violating your rights can also be sued.

There are also companion laws in almost every state which make it a civil action when somebody violates your civil rights. And, in many cases, there is no "color of law" provision as there is in the Federal statute. This means that ANYBODY who violates your civil rights, regardless of whether they are a government official or not can be sued for civil rights violations.

Plus, if there are unlawful arrest issues involved, you have another avenue of legal defense.

So... If somebody calls the cops on you without good reason and this results in you being harassed and your civil rights are violated in an important way, both the cop and the person who called the cops on you could end up getting sued.

Any good cop should know this. They receive training in this.

I'm not saying that this doesn't get messy, nor do I mean to imply that it is quick and easy but there ARE laws which govern and protect our civil rights and they HAVE been used and people have won judgments because of it.
 

Steve Smith

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Just out of personal interest, how do these civil rights transfer to visitors to the US? Do they have equal rights to residents or is there a different set of laws?


Steve.
 

Q.G.

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Just out of personal interest, how do these civil rights transfer to visitors to the US? Do they have equal rights to residents or is there a different set of laws?


Steve.

Every person who, under color of any statute, ordinance, regulation,
custom, or usage, of any State or Territory or the District of Columbia,
subjects, or causes to be subjected, any citizen of the United States or
other person within the jurisdiction
thereof [etc.]

It's all there... :wink:

Does an Englishman in England enjoy more protection by law than a Welshmen in England?
 

Sirius Glass

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RTHOMAS:
About the Second Sunday Camera Show that you asked about: I had been going from Philadelphia (public transport) for about two years


I could swear I read that somewhere before. Maybe it is deja vu all over again.

Just in case someone missed it, would you post it again, again? Repetitively? Once more? But do not be redundant.

Steve
 

Sirius Glass

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I could swear I read that somewhere before. Maybe it is deja vu all over again.

Just in case someone missed it, would you post it again, again? Repetitively? Once more? But do not be redundant.

Steve

Lets move this to the deleted thread.

Steve
 

Steve Smith

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It's all there... :wink:

So it is!!!

Does an Englishman in England enjoy more protection by law than a Welshmen in England?

No. It's the same - as expected.

However, there are apparently two old laws which have never been repealed. One is that a Welshman seen in Chester after midnight can be shot by an Englishman using a bow and arrow. There is a similar law relating to Scotsmen in Yorkshire!


Steve.
 

Q.G.

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However, there are apparently two old laws which have never been repealed. One is that a Welshman seen in Chester after midnight can be shot by an Englishman using a bow and arrow. There is a similar law relating to Scotsmen in Yorkshire!

Thanks! I'll make double sure, then, that i can't be mistaken for a Welshman when in Chester.
Don't know about Yorkshire though. Maybe what to expect when mistaken for a Scotsman is not that bad at all? Can you be more specific?
:wink:
 

eddym

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So it is!!!



No. It's the same - as expected.

However, there are apparently two old laws which have never been repealed. One is that a Welshman seen in Chester after midnight can be shot by an Englishman using a bow and arrow. There is a similar law relating to Scotsmen in Yorkshire!


Steve.

"after midnight"... Isn't it always "after" one midnight or another? :wink:
 

Q.G.

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"after midnight"... Isn't it always "after" one midnight or another? :wink:

It's a devious way to lull Welshmen into a false sense of security, i bet.

I don't know how it is elsewhere, but over here in trains, they used to announce the arrival at a station saying over the speaker system: "We are now approaching this-or-that station".
As if we weren't approaching any of all the stations on a particular line the moment we set off from our station of departure.
 

jp498

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Being that the event was at a fire station, the people in charge might have had connections with the fire department. I've seen public safety folks have a pretty good bond within their staff even if they have slightly different jobs; they all endure some risk every day and they sometimes have some collective and reciprocal self-admiration for that. It is entirely possible that someone gets heckled for (I wouldn't call it bullying) for trying to do a transaction outside of the business plan that supports the well connected people in charge (and perhaps the fire station as well). It is also possible that the police were thinking a camera show was like a gun show, where it's almost always trouble when people conduct business outside of the show walls. I would bet most police have been to numerous gun shows both on and off duty.
 

Worker 11811

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The most the police would ever do is tell you to conduct your private business elsewhere if you were actually committing a violation.

What is likely to actually happen is that the cop would come up to you and say, "I don't want to fill out the paperwork for such a stupid case. Would you do me a favor and just move along, please?"
 

rpsawin

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It still amazes me that each state can have different laws. Here in England the same laws apply to the whole country.

That's got to be easier to keep up with if you are a lawyer.


Steve.

Yes, but nearly as lucrative.

Bob
 

Adrian Twiss

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Wales, Scotland and Northern Ireland have variations on the law. Not sure why though.


Steve.

In the case of Scotland, many of its laws were laid down and in place before the act of union in the 1700s and the legal system did not change. Under the law an English policeman can exercise his powers anywhere in England irrespective of which force he belongs to but has no power in Scotland (not sure about Wales). The same applies to a Scottish policeman, obviously.

Legal differences are quite marked. IIRC In Scotland you still can't be arrested witout a second policeman present to corroborate the eveidence of the arresting officer. Also we still have a verdict of not proven (a half way house between guilty and not guilty and not a particulary nice verdict to have haning over your - sort of we think you are guilty as hell but can' conclusively prove it). There are also differences in civil as well as criminal law. For example if you put an offer on a house and it is accepted by the vendor he is prohibited by law from accepting a higher offer (thus no gazumping). Also you are bound by law to follow through on the purchase and can be sued if you pull out at the last minute.
 
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