Developer in Silver Spring Concedes to Photogs

Map It:  Silver Spring 

IT'S 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.

As The Post's Mariana Minaya reports, Peterson last week relaxed its restrictions, amending "its policy so prior permission to shoot photographs or videos is no longer required" except in cases where there might be a larger camera setup that might disrupt normal activities along the Ellsworth Drive pedestrian precinct. (There's a July Fourth photographers' march on Downtown Silver Spring planned to test the new policy.)

The Silver Spring spat is the latest in a number post-9/11 tiffs between amateur photographers and security personnel, whether it be in D.C. or elsewhere in the country.

The rules governing taking photos at sensitive sites exist within a gray area between the laws on the books and the realities of public space. (This writer can attest to this personally: I was detained by an airport security official while taking photos of Art Deco architecture at Historic Terminal A at Reagan National Airport.)

Metro, for instance, has stressed over the past few years that the public is welcome to take photos of the everyday commuter culture and stations in action, but has reminded photographers that taking photos of sensitive areas, like tunnels or operations systems, is likely to raise the suspicions of security personnel.

In New York, photographers have battled the Metropolitan Transportation Authority over camera bans that officials in that transit system have tried to impose. More recently, city officials are floating a new proposal that would force photographers and videographers, in some instances, to get a permit and insurance to shoot on public sidewalks. Critics of the plan tell The New York Times that the language has been kept intentionally vague to give police "broad discretion in enforcing the rules."

» "Downtown Silver Spring" [Peterson Cos.]
» "Cameras Off-Limits in Downtown Silver Spring?" [Silver Spring Singular]
» "Permission No Longer Needed for Photography" [WaPo]
» "Downtown Silver Spring Photo Walk" [Free Our Streets]
» "Photographers Becoming Security Concerns" [NPR]
» "Avoiding Detention at National Airport" [Free Ride/Express]
» "Photographers to MTA: Suck It!" [Gothamist]
» "City May Seek Permit and Insurance for Many Kinds of Public Photography" [NYT]

File photo of Downtown Silver Spring by Sarah L. Voisin/The Washington Post