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10/16/2012 02:47:47 PM · #76 |
Originally posted by loaner:
It becomes a public place as soon as they allow the public in. |
No.
It's publicly accessible, not public property. That's the difference. You can stand on a public sidewalk and take all the pictures of Wal-Mart you want. As soon as you step on their property, you implicitly consent to their rules.
A private entity that gives the public access to their privately owned property does not give up rights to control access or restrict individual behavior on their property.
Laws, like the traffic regulations, still apply in publicly accessible areas. You can't make a public parking lot and say that on your lot, murder is legal. The owner of that property is free to further restrict acts beyond what the law does as long as they do it without discrimination. They can't say something like "people in wheelchairs can't take pictures in our store, but the rest of y'all go ahead".
Message edited by author 2012-10-16 14:55:04. |
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10/16/2012 03:00:11 PM · #77 |
Originally posted by GeneralE:
For example, you (probably) cannot enter a Wal-Mart if you are nude, or if you're carrying a flaming torch, or playing music out of a boom-box at top volume, or unless you're wearing shoes ... the rules may be as arbitrary as desired, as long as they are applied to the public without discrimination (on the basis of race, etc.). |
you probably haven't been to a Walmart lately, these things aren't even prohibited in the employee handbook!
But seriously, until they prohibit cellphones, can they really expect to stop all photography?- and don't say- "well they do prohibit photography." have you seen that people of Walmart site?
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10/16/2012 03:05:22 PM · #78 |
Originally posted by blindjustice:
But seriously, until they prohibit cellphones, can they really expect to stop all photography? |
No, but they can prevent taking many good pictures ... |
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10/16/2012 04:27:37 PM · #79 |
Originally posted by GeneralE:
Originally posted by blindjustice:
But seriously, until they prohibit cellphones, can they really expect to stop all photography? |
No, but they can prevent taking many good pictures ... |
at least the ones that don't come from the portrait studio! |
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10/16/2012 04:38:19 PM · #80 |
Originally posted by GeneralE:
It is open to the public, but they can set the rules governing your attendance. For example, you (probably) cannot enter a Wal-Mart if you are nude, or if you're carrying a flaming torch, or playing music out of a boom-box at top volume, or unless you're wearing shoes ... the rules may be as arbitrary as desired, as long as they are applied to the public without discrimination (on the basis of race, etc.).
In most places, merchants are required to post a notice of video surveillance; your entry constitutes your consent to be photographed for security purposes.
Originally posted by mpeters:
Gotta love the necro thread revival! The more things change, the more they stay the same. Check back in 2016 for round 3. |
People who revive an old thread to add to or continue a relevant discussion are following Forum Rule #3 -- I wish people would quit commenting as if it is some sort of forum faux pas ... |
Come on General, just having a little fun. I demand that the Ken Rockwell thread be reopened so it can continue to receive relevant discussion. :) |
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10/16/2012 04:47:11 PM · #81 |
This sounds like it could be a fun challenge -
Guerilla Photography I - Shoot a scene in Walmart - Minimal Editing. |
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10/16/2012 05:01:20 PM · #82 |
Originally posted by maz001:
This sounds like it could be a fun challenge -
Guerilla Photography I - Shoot a scene in Walmart - Minimal Editing. |
I love it. disclaimer: DPC will not pay your bail and or legal fees. |
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10/16/2012 05:08:06 PM · #83 |
Originally posted by mpeters:
Come on General, just having a little fun. I demand that the Ken Rockwell thread be reopened so it can continue to receive relevant discussion. :) |
Not trying to pick on you, but it's the third or fourth time it's happened int he past few days ... perhaps if the comment were phrased as congratulations for being able to find a relevant six year-old thread to revive ... :-)
Is the KR thread locked? If it is, then you could start a new one, though I'm not sure if you'd be considered genius or fool for doing so ... ;-) |
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10/16/2012 06:01:33 PM · #84 |
Originally posted by GeneralE:
Originally posted by mpeters:
Come on General, just having a little fun. I demand that the Ken Rockwell thread be reopened so it can continue to receive relevant discussion. :) |
Not trying to pick on you, but it's the third or fourth time it's happened int he past few days ... perhaps if the comment were phrased as congratulations for being able to find a relevant six year-old thread to revive ... :-)
Is the KR thread locked? If it is, then you could start a new one, though I'm not sure if you'd be considered genius or fool for doing so ... ;-) |
Oh, it would be foolish to restart KR. :) |
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10/16/2012 07:12:31 PM · #85 |
Originally posted by Art Roflmao:
Public, private, legal, illegal - it all comes down to something I learned as a juvenile delinquent: Don't get caught. |
Amen. |
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10/16/2012 07:13:26 PM · #86 |
Originally posted by blindjustice:
Originally posted by GeneralE:
Originally posted by blindjustice:
But seriously, until they prohibit cellphones, can they really expect to stop all photography? |
No, but they can prevent taking many good pictures ... |
at least the ones that don't come from the portrait studio! |
Those are probably among the worst photos taken at any Walmart location. |
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10/16/2012 07:16:30 PM · #87 |
Originally posted by Cory:
Originally posted by Art Roflmao:
Public, private, legal, illegal - it all comes down to something I learned as a juvenile delinquent: Don't get caught. |
Amen. |
That's the key to planning anything. How can I do this and not get caught. |
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10/16/2012 07:28:08 PM · #88 |
Originally posted by Bear_Music:
You know, I've never even BEEN in a Walmart... Does that make me strange (for an American, at least)?
R. |
You need to get off the Cape more ;-)
ETA: Duh; just noticed your post was from the old bit of the thread. Been to a Walmart yet? YEARS have passed.
Message edited by author 2012-10-16 19:33:00. |
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10/16/2012 07:40:29 PM · #89 |
I chalk this up to someone taking their job just a little too seriously....don't sweat it. I take pictures in wal mart all the time and send them to my wife to make sure I am buying the right thing, or if I see something I want to get our daughter. It's not like their displays are anything special, they basically pile the **** up. "Oh no, someone is going to copy our 5.00 dollar DVD display....LOL
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10/16/2012 08:46:09 PM · #90 |
Originally posted by MaryO:
Originally posted by Bear_Music:
You know, I've never even BEEN in a Walmart... Does that make me strange (for an American, at least)?
R. |
You need to get off the Cape more ;-)
ETA: Duh; just noticed your post was from the old bit of the thread. Been to a Walmart yet? YEARS have passed. |
Nope, still an innocent. I've been in Targets, K-Marts, various wholesale clubs. Never a WalMart. |
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10/16/2012 10:11:37 PM · #91 |
Originally posted by Ken:
We were camping weekend before last and had to run into town for a few things. As we waited for checkout my 4 year old wanted me to take her picture by the candy display. The regular camera was in the car so I whipped out my phone, and while I was setting it up the cashier said, "You can't take a picture of that." I was surprised and said, "What??" and he said it again. I was truly and surprised said, "THIS thing?". He then told me no pictures in the store. As I walked back to my checkout lane I was sure to tell my wife loudly that I got the shot.
Anyway, I know all about the photographer's rights and how even a privately-owned shopping mall is considered a public place. But what about a single store? Since we were camping and wanted to get back, I didn't want to address the issue with management, and I wasn't sure about a store. And there was photography policy listed on their door either.
I read elsewhere that you have to get permission before shooting anything on Walmart property. |
It's private property, they have the right to restrict photography as they wish.
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10/17/2012 12:59:54 AM · #92 |
Man. I got duped by the zombie thread for at least 20 posts!
The part I enjoy in the 2012 version is that two people are arguing about the legal technicalities while not even living in the same country. Once the new guy said the word "province", then all bets are off...
Message edited by author 2012-10-17 01:00:54. |
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10/17/2012 01:07:12 AM · #93 |
Originally posted by DrAchoo:
Once the new guy said the word "province", then all bets are off... |
You're saying Canada doesn't support corporate property rights? |
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10/17/2012 01:22:38 AM · #94 |
Originally posted by GeneralE:
Originally posted by DrAchoo:
Once the new guy said the word "province", then all bets are off... |
You're saying Canada doesn't support corporate property rights? |
I'm saying the technicalities of what is public property and what is private with regards to malls and parking lots could be viewed completely differently. |
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10/17/2012 01:58:41 AM · #95 |
Originally posted by GeneralE:
... perhaps if the comment were phrased as congratulations for being able to find a relevant six year-old thread to revive ... :-) |
You can probably thank Google for that. I've found links to old DPChallenge threads doing Google searches a few times now. |
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06/01/2014 12:28:37 PM · #96 |
I was as the walmart in White Lake, Michigan, with my DSLR in the bag. I started off browsing the store, casually using my phone to take pictures. I made my way to the front of the store and over to the photo center, where I set my bag on the counter by the print computers, took out my camera, and continued walking through the store. It took 20 minutes before I found signs of employees, so I asked one of them if i could get a copy of the store's policy on media, and if possible, a press release. The employee was very respectful and professional with me while she called her manager.(At this point I was recording from my phone hanging from my neck) When the manager showed up, she asked me who I was with, and I said I was with myself. She told me it was "against company policy to take pictures," so I walked away with my camera still out. For another 10 minutes, I managed to get video, audio, and still images from the inside. I was passing by a few employees and the other manager while i got a shot down an isle. Manager #2 told me i couldn't take pictures, and as I snapped a few more, she, along with the 3 employees, approached me as she told me to leave and said she would call the police if I continued taking photos. On my way out, I asked if she could show me the property line so I wouldn't be trespassing and I continued taking pictures, as part of my first amendment right. I was getting on my bike when i heard her calling law enforcement, so I went out to the public sidewalk where I took a few more. The police never came out.
This was the first pace I have ever had an issue regarding photography. If Walmart has nothing to hide, they shouldn't be afraid of a camera. |
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06/01/2014 12:36:15 PM · #97 |
| Your "first amendment right" does not apply to private property, and you can be arrested for that behavior just as surely as someone taking photos through your bedroom window. |
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06/01/2014 12:46:49 PM · #98 |
| Very few retail establishments allow photography inside the premises, as protection against corporate espionage and litigation. Once you are informed that it is against their policy to take pictures you are subject to arrest (for tresspass, public nuisance, etc.) if you continue, though I don't think they can make you erase or give up the photos you've already taken. However I think you'd be asking for trouble if you used them commercially or as a means of defaming the store. |
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06/01/2014 01:00:40 PM · #99 |
Ok, first, holy necrothread, Batman!
To go into a private establishment solely to "test" their photo policies, and then continue taking photos after they've asked you to stop is the sort of provocative behavior that gives photographers a bad name.
As both Shannon and Paul have pointed out, it is both legal and common for management at a retail store to ask you to stop, for the reasons they've given. |
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