THE BOBER MANIFESTO: NJ Transit’s demagogues are up to their antics again— after being advised by the NJ State Attorney General in August 2004 that their photo permit process was unconstitutional, management is hard at work again, attempting to craft a new photo permit process— a constructive photo ban, which remains unconstitutional and unenforceable. NJT’s proposed Administrative Code regulations do not establish or identify how photography adversely affects the “safe and efficient passage” of large numbers of people throughout the system, the purpose for which the NJ Administrative Code was established. Sixty million dollars over budget, with $90 million in runaway overtime payments, a growing counterfeit and stolen ticket crisis— forcing a hefty fare increase on riders— and with unsolved murders on the docket, one would think that NJT brass would have better things to do than try to alienate some of its most ardent support groups— photographers, historians, railfans and working journalists— not to mention maintain a respect for the Constitution and the laws that the rest of us follow. But the secretive Warrington Administration, abetted by NJ Transit Police Chief Joseph C. Bober, believe otherwise, and propose to use the New Jersey Administrative Code (intended to promote the “safe and efficient passage” of NJ Transit customers) to effectively ban photography in the public domain at NJ Transit stations and other NJT public-access areas. Chief Bober takes exception when the “photo permit” process is referred to as a ban, but it is, plain and simply, a ban. Permitees are expected to travel to NJT headquarters in Newark to obtain the permit and have their picture taken. Then they are required to telephone the NJT police department 24 hours in advance of when they expect to take a photograph, providing specific details of where and when they propose to take a picture. This is utter lunacy, and constitutes a constructive ban. Any attempt to infringe on the right to photograph in the public domain constitutes “prior restraint” whether directed at ordinary citizens, artists, photographers or working journalists. Curiously, NJT’s proposed photo permit regulation (NJAC 16:83-1.1b) allows (for personal use), casual photos of families/friends in public areas on NJ Transit property without a permit. But if two photographers photograph a trolley car without a permit, they are in violation and can be arrested/ fined for same. But place one of the photographers into the scene with the trolley (or train or bus), and no permit is necessary. Cute, huh? Who is going to pay the cost for retraining all NJT police and fare checkers in the new regulations, including such unique scenarios as described above? How will Chief Bober and his army deal with cellphone cameras? Will persons using cellphones be approached to inquire if they are surreptitiously snapping a picture? Approximately 70% of cellphones in use today are camera/video phones. In NJT’s cash-strapped world, where will the money come from to provide NJAC signage at every NJT facility and to mark out NJT property borders? If NJT’s constructive photo ban is imposed, the public must have adequate notice upon entering the property, before enforcement may take effect. NJ Transit police should be concentrating their efforts to ensure the safe and efficient passage of large numbers of people. By considering camera-toting citizens as “suspicious” or “potential terrorists,” NJT engages in stops/investigatory detentions without reasonable and articulable suspicion of a crime or offense. “Profiling” photographers, based on a “hunch” that their photography is somehow terrorism-related, is offensive and illegal. By criminalizing lawful photography, the NJAC regulations proposed by NJ Transit subject ordinary citizens to arrest and prosecution for First Amendment activities which are lawful everywhere else in the state— and nation. Citizens detained/questioned/arrested/charged/prosecuted will establish a criminal arrest record, and will have their personal data recorded in state/ federal/ Homeland Security databases. Once a citizen is “blacklisted” it is difficult to clear one’s name. McCarthy taught us that in the 1950s (so did J. Edgar Hoover and Richard Nixon.) NJ Transit’s proposed photo ban is not a law of the Legislature; rather, it is “rule of the many by the few.” NJT should be concerned about the safety of its patrons on all public transportation, and should direct its law enforcement priorities accordingly. Every New Jersey citizen is a stakeholder in NJ Transit, and should demand that the stewards of their railroad and bus system abide by the law and respect our constitutional and legal rights. NJ Transit is accepting comments on the new photo permit regulations through July 1. Direct your comments in writing to Ms. Joyce Zuczek at New Jersey Transit Corporation, One Penn Plaza East, Newark, NJ 07105-2246. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to Liberty lurk in insidious encroachment by men of zeal, well-meaning, but without understanding. —U.S. Supreme Court Justice Louis D. Brandeis (Res Ipsa Loquitor — Railpace Staff - posted 6/13) http://www.railpace.com/hotnews/ - -------------------------------1118750069 More post 9-11 BS.............NJT is clearly breaking the NJ state law with their proposed "new" photo ban...... - -------------------------------1118715488 THE BOBER MANIFESTO: NJ Transits demagogues are up to their antics again after being advised by the NJ State Attorney General in August 2004 that their photo permit process was unconstitutional, management is hard at work again, attempting to craft a new photo permit process a constructive photo ban, which remains unconstitutional and unenforceable. NJTs proposed Administrative Code regulations do not establish or identify how photography adversely affects the safe and efficient passage of large numbers of people throughout the system, the purpose for which the NJ Administrative Code was established. Sixty million dollars over budget, with $90 million in runaway overtime payments, a growing counterfeit and stolen ticket crisis forcing a hefty fare increase on riders and with unsolved murders on the docket, one would think that NJT brass would have better things to do than try to alienate some of its most ardent support groups photographers, historians, railfans and working journalists not to mention maintain a respect for the Constitution and the laws that the rest of us follow. But the secretive Warrington Administration, abetted by NJ Transit Police Chief Joseph C. Bober, believe otherwise, and propose to use the New Jersey Administrative Code (intended to promote the safe and efficient passage of NJ Transit customers) to effectively ban photography in the public domain at NJ Transit stations and other NJT public-access areas. Chief Bober takes exception when the photo permit process is referred to as a ban, but it is plain and simply, a ban. Permitees are expected to travel to NJT headquarters in Newark to obtain the permit and have their picture taken. Then they are required to telephone the NJT police department 24 hours in advance of when they expect to take a photograph, providing specific details of where and when they propose to take a picture. This is utter lunacy, and constitutes a constructive ban. Any attempt to infringe on the right to photograph in the public domain constitutes prior restraint whether directed at ordinary citizens, artists, photographers or working journalists Curiously, NJTs proposed photo permit regulation (NJAC 16:83-1.1b) allows (for personal use), casual photos of families/friends in public areas on NJ Transit property without a permit. But if two photographers photograph a trolley car without a permit, they are in violation and can be arrested/ fined for same. But place one of the photographers into the scene with the trolley (or train or bus), and no permit is necessary. Cute, huh? Who is going to pay the cost for retraining all NJT police and fare checkers in the new regulations, including such unique scenarios as described above? How will Chief Bober and his army deal with cellphone cameras? Will persons using cellphones be approached to inquire if they are surreptitiously snapping a picture? Approximately 70% of cellphones in use today are camera/video phones. In NJTs cash-strapped world, where will the money come from to provide NJAC signage at every NJT facility and to mark out NJT property borders? If NJTs constructive photo ban is imposed, the public must have adequate notice upon entering the property, before enforcement may take effect. NJ Transit police should be concentrating their efforts to ensure the safe and efficient passage of large numbers of people. By considering camera-toting citizens as suspicious or potential terrorists NJT engages in stops/investigatory detentions without reasonable and articulable suspicion of a crime or offense. Profiling photographers, based on a hunch that their photography is somehow terrorism-related, is offensive and illegal. By criminalizing lawful photography, the NJAC regulations proposed by NJ Transit subject ordinary citizens to arrest and prosecution for First Amendment activities which are lawful everywhere else in the state and nation. Citizens detained/questioned/arrested/charged/prosecuted will establish a criminal arrest record, and will have their personal data recorded in state/ federal/ Homeland Security databases. Once a citizen is blacklisted it is difficult to clear ones name. McCarthy taught us that in the 1950s (so did J. Edgar Hoover and Richard Nixon.) NJ Transits proposed photo ban is not a law of the Legislature; rather, it is rule of the many by the few. NJT should be concerned about the safety of its patrons on all public transportation, and should direct its law enforcement priorities accordingly. Every New Jersey citizen is a stakeholder in NJ Transit, and should demand that the stewards of their railroad and bus system abide by the law and respect our constitutional and legal rights. NJ Transit is accepting comments on the new photo permit regulations through July 1. Direct your comments in writing to Ms. Joyce Zuczek at New Jersey Transit Corporation, One Penn Plaza East, Newark, NJ 07105-2246. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to Liberty lurk in insidious encroachment by men of zeal, well-meaning, but without understanding. U.S. Supreme Court Justice Louis D. Brandeis (Res Ipsa Loquitor Railpace Staff - posted 6/13) http://www.railpace.com/hotnews/ - --------------Boundary-00=_PQX1G6G0000000000000 The Erie Lackawanna Mailing List Sponsored by the ELH&TS http://www.elhts.org ------------------------------
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