Self-Important Alabama Town To Photogs: Scram!

The town of Mooresville, Ala., has done itself no favors by demanding a $500 fee from professional photographers who dare take pictures of its historic buildings.

After a photographer was told to stop taking photos in a public place, he wrote a letter to the local paper, unleashing a flood of bad press.

The Huntsville Times reported last week: "Huntsville photographer Don Broome said Wednesday he was standing in a public street in Mooresville taking pictures of the town's historic buildings when he was served a notice that advised him to 'cease photography and leave immediately.'"

TV stations and the Associated Press picked up the story, too. There is some question about whether Broome was violating the letter of the law, or just the spirit. Either way, the news stories depict Mooresville as a place of cantankerous fogies who feel besieged by photographers, who apparently overrun the town like a plague of rats. (How many other small towns dream of having such a problem?)

The town's commercial photography guidelines, posted on its Web site, are so stunning that they're best enjoyed in full. (I'm not sure which rule I find more fascinating – the one requiring commercial photographers to wear a badge, or the one banning photography during "festivals.") I've pasted the rules at the end of this message for your enjoyment. Read them and laugh, or cry, or just give thanks that our Constitution still applies in most places, more or less.

Town of Mooresville, Alabama 2008 Commercial Photography Policies and Guidelines

All commercial photographers (any person who sells photographs whether or not he or she operates a business for such a purpose) are required to obtain a Town of Mooresville Commercial Photography Permit and Business Privilege License annually. The Town of Mooresville considers all portrait, children, and family/group photographers who receive payment for photographs a commercial photographer. Commercial photography on Town of Mooresville owned properties cannot begin without a prepayment of the Commercial Photography Permit and Business Privilege License.

Commercial photographers who take still images on Town of Mooresville owned property are required to obtain an annual non-refundable Commercial Photography Permit before any such activity occurs. Violators will be treated as trespassers. The annual Permit allows the photographer to take still images on the following Town of Mooresville owned properties:

• Mooresville Brick Church - 25035 Lauderdale Street
• Mooresville Post Office - 24995 Lauderdale Street
• Mooresville Stage Coach Tavern - 3946 High Street

The Commercial Photography Permit does not provide access to the interior of these buildings.

There can be no alterations made to the buildings, benches, or landscape.

There is no public restroom available for changing purposes. This includes the Town of Mooresville Post Office.

Parking is only allowed on the paved section of North Street located between High and Broad Street. NO EXCEPTIONS!

Commercial photography on private premises in the town limits are subject to the permission of the property owner. It is within the property owner's rights to press trespassing charges against violators and to request that the Commercial Photography Permit and Business Privilege License be revoked.

A Commercial Photography Permit badge MUST be visibly worn by the photographer at all shoots on Town of Mooresville owned properties.

The permit holder is required to reimburse the Town of Mooresville for any property damages that may occur during a photo shoot.

The permit holder agrees that the Town of Mooresville and its governing body is not responsible for any loss or injury that might occur during a photography session.

Scheduled events at these locations (such as weddings, parties, and festivals) take precedence over Commercial Photography Permits. Photography is not permitted directly before, during, or after these events. It is the photographer's responsibility to get the schedule of events for these locations.

Any violation of the above guidelines by the permit holder, assistants, or clients will result in the termination of the photographer permit and business license. Violators will be asked to cease photography and leave immediately.

Comments

[just curious]

Do they have the legal right to do this? I see this setting a precedent as more and more people become leery of photographers after bad experiences with them.

[ED McCulloch]

Wow-

[mark Forman]

The Peoples Republic of ___________?
However photography is allowed on February 30th and May 32nd as well as by any dead photographer.

[Robert Catto]

Anyone know what the badge looks like? A yellow star, with six points - or a pink triangle, maybe? Perhaps it would be simpler if photographers wore them at all times, so local businesses could choose whether to deal with them.

And maybe the photographers could all live in one area, too, a sort of photo-ghetto - since (as we know) they already have to park there. There can be NO EXCEPTIONS.

This is just insane. What on earth do they do to film crews?!?

[RMM]

Try searching the web for "photography permit". THis practice ahs been around for a long time. Most cities don't get the publicity. I've looked for the "right" and cannot find any backup in the Constitution. Check these as the tip of the iceberg and remember the guy was photographing with the intent of selling prints:

http://www.largeformatphotography.info/photo-permits/
http://filmberkeley.com/pdf/Berkeley_Filming_Guidelines.pdf
http://www.ci.redmond.wa.us/insidecityhall/parksrecGuide/pdfs/daycamps.pdf
http://www.greatergreenville.com/city_services/forms/permitapp_film.pdf

[rm]

I am glad they did this and will pay the $500. How much does one nice backdrop cost. This is a great setting but had litterly been overrun with photographers. Sometimes you would have to wait two hours to photograph because of the line of photographers. If I lived there, I would probably ban all of them. You have to remember, this is a very, very ,very small area. Believe me, the residents do not need the money.

[Michael Harris]

RMM it doesn't matter how small the town is, if it's getting public money then it's public property. I can stand in the street and take pictures of your house all day. Now I wouldn't do that but if these buildings and homes have historical status and receive money from taxes or other public sources then the town is wrong.

[Michael Harris]

RMM it doesn't matter how small the town is, if it's getting public money then it's public property. I can stand in the street and take pictures of your house all day. Now I wouldn't do that but if these buildings and homes have historical status and receive money from taxes or other public sources then the town is wrong.

[Lainey]

Public is public. If it's a public area, then the photographer has the right to shoot. This other garbage about wearing badges is ridiculous! I know what Alabama town where I will NEVER visit or spend any of my money!!!

[Tricia]

Are you kidding me !! I brought a suit against the state parks in Florida for not following their own rules for permit fees. I won.

They say photographers are rude ?! Ok, should we start passing laws to throw rude people in jail?

I have another question... are clients who want a family portrait willing to pay higher fees for photography ? Because they will. If everytown charges a fee then professionals will pass the cost on to the customers.

[Walter Briggs]

Geez, I had more photographic freedom in the USSR some time ago! They should take a cue from the communists!

[Ray Casbourn]

This is an outrage...ridiculous, stupid, unwelcoming, etc...Who cares anyway, so many other towns to take pictures of and have they asked their residents about that?....What next New York City?....
What is the state of Alabama to do with the tourists in that state...charge them 1$ per photo they take. I won't set foot in that town or that state...ever.

[Nemo Niemann]

As despicable as this is, it's not an unusual incident in a public area. Years ago I was in London on a commercial shoot and ended up with some time for myself, so I took a 4x5 I traveled with at the time, to do some shots around the Tower of London. After about 15-minutes, a Beefeater guard came up to me and said I couldn't shoot there. I asked why, and he said it was because I was obviously a professional. I said, "So?". He said, "Professionals have a habit of taking 'advantage' of places like the Tower of London, selling postcards and whatnot from the photos, so we don't allow photos." I looked around and said, "What about all these people with their cameras, shooting the same thing?" He smiled and said, "Ah, but most of those people are amateurs and their photos probably won't turn out." So, Mooresville is in prestigeous, if not stupid, company.

[Isaac Boda]

See the thing is...

I called and spoke with the lady who represents the side of Mooresville. She covered that it is a historic town and that the people of it have grown tired of photographers letting clients lean against fences and sit on porches. I think its fair to pay a daily pass, which I am still awaiting further information on a cost of such. What I do know is an annual pass is $500 and gives you access to all the properties that are held private. This is reasonable if you commonly go there. They have some nice places, but nothing too fancy in my opinion. I think it is something worth checking out.

In the case of the photographer shooting on the street. He has all the right to do so... being approached with papers is not the way to handle things. Shame on the town, but if they posted a notice before entering and offered maybe a person on duty to pass the information to people coming in. Pre-warn people about the cost of duping out of a permit... it's fair. She described it as a misunderstanding taken too far, but I can see where both sides of the fields have the right of way. I think they should have just made the photographer leave if he had a client, but not so if he didn't. I don't sell prints of architecture or town properties. I don't know how I would explain that to a police officer while I'm holding $3,000 in equipment. I guess it's safe to say from here on out just call or look at the town site before traveling there.