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4g63photo
8th of May 2006 (Mon), 23:30
Hey guys, i need some help. I know im probably wrong but here goes. Summerized story:
I shoot little league and get paid as a side job when im not in school. This is my own gig. Some parents hired me to shoot for them at a certain park (not the usualy place i shoot at). Turns out that the president of the league shoots there and calls it "fund raising." He told me to leave, but i told him that it was a public park. I was hired by some parents to shoot thier kids. I told him i would finish my job i started, then i would be gone. They said they would get physical and throw me out. Im in the wrong arent?

NBEast
8th of May 2006 (Mon), 23:41
Sure seems to me that if he's using a public park, it's fair game. Also seems that if he "got physical" he would be the one with legal troubles.

However; legal matters never cease to amaze. Be curious to see the outcome.

johnnybfan
8th of May 2006 (Mon), 23:49
Sounds to me that he might just be a pompous a$$. If it's a public field he has no right to tell you to leave. I think that NBEast is right in that his getting "physical" would get him into the real trouble. Be polite and hold your ground. Good luck

sugarzebra
8th of May 2006 (Mon), 23:50
I believe you have every right to do what you are doing, however its not worth getting a black eye over. Document everything (given the context, there must have been witnesses to the threats) and make an official complaint to the league and hope they will solve the problem. That may be unlikely because if the president is willing to beat up on you, a student, I'm sure he 'beats up' on the leadership of the league as well.

4g63photo
9th of May 2006 (Tue), 01:16
Thanks guys. Im sure the prez wouldnt mind bulling other poeple from the league. I thinki'll just shoot at other parks just to avoid poeple like that. I told him parents hired me, he said they have no right hiring me. I guess parents dont mean anything these days. Thanks again. I appreciate the feed back.

liza
9th of May 2006 (Tue), 01:27
Stand your ground. You're doing exactly what he wants. Someone needs to stand up to him.

jj1987
9th of May 2006 (Tue), 01:29
Report him.

jrm
9th of May 2006 (Tue), 01:43
I am involved in a local town little league. Team pictures are a big source of fundraising for the league, which is a non-profit entity. They hire their own "exclusive" local photographer (although for several reasons we do not do any field/action photos).

Our league would not allow a team manager or league official to do or contract any photography for money. Penalty would be to remove the manager/offical from the league.

While it might be frowned upon, I don't see why or how they could stop anyone from taking pictures on a public field. If an individual parent hired someone, there would be no way to stop them. If they had their own photographer, they could explain to the parent(s) that by going "outside" they are harming the league by cutting off an important income source. Aside from that "appeal" there isn't much that can be done.

One exception would be if the parent signed something agreeing to a rule that forbids hiring outside photographers on the field.

As to physical threats... report it. As someone very involved in my local little league, I find it absurd that anyone - especially the president of a children's little league - would threaten violence. Find out when their next league meeting is - show up and report it there as well. Someone like that should not be running a kids league.

Of course, if you are in New Jersey and Paulie Walnuts or Tony Soprano is the league president a different course of action may be prudent. Always know who you are dealing with before starting a war.

cjm
9th of May 2006 (Tue), 02:17
This is a time when it comes in handy being a giant. You'd have to be nuts to want to get pysical with someone my size. I personally hate bullies because until I was 13 I was a small kid who later grew to be the size of THE ROCK.

This guy is "president" of the little league and he is pysically threatening you? Sounds like he needs to be impeeched? That is way out of line for a "role model" of a little league to be.

cjm
9th of May 2006 (Tue), 02:19
Of course, if you are in New Jersey and Paulie Walnuts or Tony Soprano is the league president a different course of action may be prudent. Always know who you are dealing with before starting a war.LOL or maybe if his last name is Gotti? Seriously do a google of his name if this is the case.

Carzee
9th of May 2006 (Tue), 02:27
The way he reacted it sounds like you're threatening his little tower of personal power, his own corner of the world. Maybe its all he's got. Castle builder syndrome. Pity.

The only other motive is that his team's close to starving for money and getting desperate. In that case, throw some money at him -become a donor perhaps. Dig around for the true motivation here.

Coco-Puffs
9th of May 2006 (Tue), 03:51
I would have let him throw me out physically, and call my lawyer and cops on the spot. but then agian, if the kids were there...maybe not.

Rob612
9th of May 2006 (Tue), 03:55
Anyway, report him. Especially if you have witnesses, he surely will get into serious problems.

RLRiley
9th of May 2006 (Tue), 04:18
There is no way I'd let someone tell me I couldn't shoot pictures of anything I wanted to in a public park. Then again, this is where, as someone else mentioned, size can help. I'm over 6'6" and around 240-250. Not too many people will argue with me if I want to shoot something in a public place. As for the whole "fundraising" issue, someone earlier who is involved in little league said that they do use that as a type of fundraising, but my initial, perhaps uninformed reaction, was that this guy is there doing the same thing as you and probably making a nice profit for himself and he doesn't want you cutting into his profits. Again, I'm in no way involved with little league so perhaps he was telling the truth. Regardless of that though, if someone threatened me I think I'd snap a few more photos right then and there in front of him..... again that's just me.

RLRiley
9th of May 2006 (Tue), 04:24
One other thing that just occurred to me... If the league truely is doing this as fundraising, they must be doing a pretty poor job of it if parents feel they need to go outside of the photos that are made available by the league to hire an independent photographer. Perhaps there is some opportunity there for you. Contact whoever runs the league, show them a nice portfolio of your stuff, explain that parents are already hiring you.... Might lead to some type of offer from the league if you're interested and the league is large enough.

Dandaman_24
9th of May 2006 (Tue), 08:15
just get a long lens and shoot from a distance, that way if he comes after you, you have a chance of getting out of there quickly without being attacked.

Blue Deuce
9th of May 2006 (Tue), 08:24
In short, screw him.

subtle_spectre
9th of May 2006 (Tue), 09:12
It's oft overlooked, but just about any Canon dslr, especially the 1-series bodies, when on a neck strap, make a formidable weapon...for self-defense, of course!

Double Negative
9th of May 2006 (Tue), 16:55
You're in a public park - he has no leg to stand on.

EDIT: If he wants to get physical, by all means. Invite the police down as well and when they show up, feel free to press assault charges. Take pictures if you can, they'll be great in court.

Seefutlung
9th of May 2006 (Tue), 17:05
You are completely in the right. If he continues to harass you tell him to leave you alone ... if he continues then call the police. The problem with not returning to that park is the prez/jerk will continue to harass people. Someone needs to confront him.

My suggestion is : To be on the safe side, mosey into the Police Station which has jurisdiction over that park and tell the police the circumstances and situation and ask for their advise and opinion. And if they side with you, tell them of the next date you plan to shoot at the park and ask them for a phone number and contact info of who you should call if the prez/jerk begins to harass you again.

cjm
9th of May 2006 (Tue), 23:09
just get a long lens and shoot from a distance, that way if he comes after you, you have a chance of getting out of there quickly without being attacked.Unless he caries a hand canon in his pants as well. ;)

4g63photo
9th of May 2006 (Tue), 23:47
Thanks guys. Well, I went to the local police station and asked if i was in the wrong. The officer laughed when i told him the league president threaten to call the police on me if I continued to shoot my pictures. I have a business license through the city im in. The league prez told me they were non profit and they dont need a license. The city says they do need a business license. The only reason they went out to shoot is because they saw me out there. Parents told me they were not out there at all before i went to that park. I dont understand what they need to fund raise for though. The parents that hired me said they pay for everything. They are required to buy tickets for any major events they have. Maybe the league presidents pocket the money? All my shots are action shots so tey still have the portrait stuff. I will return and I will shoot. Its too bad im not a 6 foot giant.

slin100
10th of May 2006 (Wed), 00:55
I am definitely not a lawyer, so take this with a big grain of salt, but I would do some more investigation if I were you. Some leagues can secure exclusive rights to all photos and can prohibit others from taking photos. I believe their legal angle is to trademark (insert proper legal term) the uniforms. If they've done this, then it doesn't matter if you're in a public park. They could go after you for trademark infringement. Ask the parents if they signed any legal documents when they enrolled their kids. There may be some fine print on some form.

Even if the league prez stands on solid legal ground, threatening bodily harm certainly isn't the proper way to enforce it.

JaertX
10th of May 2006 (Wed), 01:07
In short, screw him.


:shock:


um...gross.

ChP
10th of May 2006 (Wed), 01:20
The bottom line is that you are free to take photos at any public place.
Make sure you are familiar with all your rights:

http://www.krages.com/ThePhotographersRight.pdf

Poe
10th of May 2006 (Wed), 01:36
The bottom line is that you are free to take photos at any public place.
Make sure you are familiar with all your rights:

http://www.krages.com/ThePhotographersRight.pdf

Great link! Thanks!

StealthLude
10th of May 2006 (Wed), 01:53
1. dont let him get away with this.
2. ITS A PUBLIC PARK
3. Get a LONG LONG 600mm prime and shoot just to piss him off haha.

seriously tho, thats bullsh1t.... he cant do that, first thing i would have done is got on my cell phone and just called the police. Strightin his ass out right there on the spot...

Admins.. sorry for the language.. but it just had to be said.

StealthLude
10th of May 2006 (Wed), 01:55
I am definitely not a lawyer, so take this with a big grain of salt, but I would do some more investigation if I were you. Some leagues can secure exclusive rights to all photos and can prohibit others from taking photos. I believe their legal angle is to trademark (insert proper legal term) the uniforms. If they've done this, then it doesn't matter if you're in a public park. They could go after you for trademark infringement. Ask the parents if they signed any legal documents when they enrolled their kids. There may be some fine print on some form.

Even if the league prez stands on solid legal ground, threatening bodily harm certainly isn't the proper way to enforce it.

If you are in a public park... it dont matter. If your at Sea World and u take a picture .. then its a different story.

If you said ur just using the picts for personal use, then whats he to say...

slin100
10th of May 2006 (Wed), 02:45
If you are in a public park... it dont matter. If your at Sea World and u take a picture .. then its a different story.

It's not so much whether you can take the pictures (see exception below). It's more about what you can do with them. Public place or not, sometimes there are restrictions. You may not have the legal right to sell them for personal gain.

If you said ur just using the picts for personal use, then whats he to say...
But the OP is not using the pictures for personal use. He was hired by parents to take pictures of their little leaguers. If this was at a game played at a public park, some leagues arrange to legally transfer control of the park to the league for the duration of the game. So, the park, in effect, is no longer public and the league can dictate their policy.

NBEast
10th of May 2006 (Wed), 02:59
If $100,000,000 movie stars can't stop the photos in public places ...

The trademarked uniform sounds intriquing. However; they slap them on kids that go into public places. Not like Nike can stop you from shooting your own kid. I suppose you could PP them out if that really were a legitimate stance. Wouldn't they have to signal somehow "trademarked", publically, like putting a little "tm" next to it if they expected people to know not to photo it in public?

Your visit to the police was very informative. Your text implies that his treat was actually to call the cops, not physically harm you. So if the cops have already given you the green light, and in addition he's so uninformed that he doesn't know about business licenses, then he may regret pursuing that angle.

Also; if the parent is violating their agreement, then that's their problem. You won't have to say who the parent is short of a court supena - pretty unlikely. If he's in the right, most reasonable cops will handle it with a polite conversation and request to simply have you leave. Legal trouble seems just sooo unlikely.

As someone suggested, maybe getting hired by the league would be a good source of business. Since you may get good shots of kids you don't know, they would have a much greater chance of selling them. Maybe the kid of the parent who hired you didn't make the game winning score.

Glad you'll plan on returning.

spierenburg
10th of May 2006 (Wed), 04:13
I'm in the UK so not sure about the law in the US, but this might be of help,

http://www.krages.com/phoright.htm

However, it does state at the end, in some cases legal advice may be required.

Rob

RLRiley
10th of May 2006 (Wed), 04:34
OK, I've actually done a little more reasearch on this. My kid sister has a young son who is in little league. The deal with them is they DO have a paid photographer who takes team portraits which they then sell to the families to raise money, BUT this is restricted to a group photo of the whole team and a single headshot of each kid. They ask, but do not try to enforce, that parents don't take photos while the pro is arranging the team and headshot photos. Other than that, they have no problem. Generally there are at least a couple semi-serious photographers at the games taking all kinds of action shots with no issues whatsoever. This is NOT what the pro is hired to shoot and not where the league makes their money. Aditionally, the pro is only there for one game the entire season.

As for the trademarking of the uniforms....that's an interesting concept, but as someones else said, unless the park has been removed from public domain while games are in progress, it makes no difference. Its similar to if you go to a free concert in the park- take all the photos you want. But, if its an event you have to buy a ticket for this (the ticket) forms a contract between you and the event/organization and they can then (and usually do) limit you're ability to take photos. This is usually expressed on the back of the ticket. Since all little league games that I know of are in public parks which I don't believe have generally been removed from public domain for the games (you would most likely know if this were the case and would be informed of their rules and have to consent to them before entrance if this were the case) feel free to shoot all the photos you want.

20DNewbie
10th of May 2006 (Wed), 05:48
4g63photo, where are you from?

Sounds like it could be a fun time :twisted: if you wanted somebody else there with you, I'd be more than happy(providing your not to far away).

Or for even more fun if you feared bodily harm, place a restaining order on him so when you go to shoot the game he has to leave lest he be tossed in jail.:lol:

Either way, do not let this fool intimidate you into losing work.

JaertX
10th of May 2006 (Wed), 06:49
Ha! - I like Christian's idea.

Where are you? You can "hire" a bunch of us POTN members to show up along with you as backup photographers or assistants...whatever you wanted to call us. I can just imagine 10-15 pros out there shooting little league with all these huge white lenses! lol. Think how happy the parents' would be!! And all ready to take pics of this joker if he comes anywhere near you or any other of us. I for one would be willing to work for the day for 1 Dr. Pepper! lol.

greg20d
10th of May 2006 (Wed), 13:49
I love the idea of a bunch of your fellow POTN members showing up ...I would be game ...bring your Ls hahahahaha

Double Negative
10th of May 2006 (Wed), 14:01
Where are you? You can "hire" a bunch of us POTN members to show up along with you as backup photographers or assistants...whatever you wanted to call us. I can just imagine 10-15 pros out there shooting little league with all these huge white lenses! lol. Think how happy the parents' would be!! And all ready to take pics of this joker if he comes anywhere near you or any other of us. I for one would be willing to work for the day for 1 Dr. Pepper! lol.
Priceless... :D

mdm
10th of May 2006 (Wed), 14:04
I love to show up and be there. I'd like to see the look on his face with a bunch of us taking pictures.

Jaymz
10th of May 2006 (Wed), 14:04
I'd be there, just to see a bully put in his place.

rdsmith3
10th of May 2006 (Wed), 16:39
Of course, if you are in New Jersey and Paulie Walnuts or Tony Soprano is the league president a different course of action may be prudent. Always know who you are dealing with before starting a war.

ha ha that's funny, and I live in northern NJ. There are lots of Tony Soprano wannabees around here.

Just a couple of points to add to what has already been said.

First, regarding whether it is a public park, it may only be "public" if you are a resident of that township. I believe that municipalities can set restrictions like that.

Second, I have five kids, four of whom have played Little League or softball. So I speak from experience and concern. Make sure that you have something in writing from the parents who hired you. There are a lot of predators and perverts out there, and I would not be happy if someone I did not know was seemingly taking pictures of my kid. I would call the police depending on the circumstances. You want to be prepared if a worried parent calls the police (or the league president pretends to be a worried parent).

Finally, I have a difficult time taking pictures of my kids at certain fields because they have high chain link fences supplemented by foul ball nets. I cannot get an unobstructed picture unless I am standing on the far side of the outfield fence, which is too far away (esp. if it is a 90' diamond). Do they let you inside the fence? If so, the president could prohibit you from being inside the fence for safety reasons.

Based on the above, there are some situations in which they could make life difficult for you. All things considered, it would be preferable to find a peaceful, amicable solution to this. That would also be the best example for the kids and parents.

20DNewbie
10th of May 2006 (Wed), 16:45
I'd be there, just to see a bully put in his place.
:twisted: That was my intention, I didn't even consider bringing gear.

4g63photo
10th of May 2006 (Wed), 17:24
You guys made my day. I wish i was close to all of you. Im in the San Bernardino area, in Southern California. I thought about asking a bunch of my school buds from my photo class to come out and shoot with me. I would love to see their faces. I searched california codes and it reads that if i am harasses, taunted or bothered to the point that its annoying and hindering me from being in peace, they are breaking the law. Im taking a copy of that code with me. Im going out there tomorrow for some shooting. Ill definately post and inform how it went.

johnnybfan
10th of May 2006 (Wed), 21:28
I'd love to be there to see the look on this jerks face if/when you showed up with 15 or so other guys with huge white lenses on their cameras.:evil: :evil: :evil: :evil: :lol: Harass this, sucker!!!:lol: :mad: :lol:

Halliday
10th of May 2006 (Wed), 21:57
If someone talked to me like that I'd call 911 on the spot.
Good luck standing up to this bully.

NBEast
11th of May 2006 (Thu), 01:33
Correct me if I'm wrong, but did he threaten to harm you, or to call the cops on you?

If the former, then he's just misguided and not necessarily a bully. Showing up with 10 angry buddies might achieve the wrong result.

EDIT: I ment "If the latter ..."

4g63photo
11th of May 2006 (Thu), 09:48
He said he would do both.

Steve Parr
11th of May 2006 (Thu), 10:14
I'd go back if I was hired to do so.

If he threatened me again, I would invite him to physically remove me. He might get me off the property, but he'd damn sure know he'd been in a fight.

When you see him headed towards you, dial "911" on your cell phone. Just before he reaches you, hit "Send".

When he grabs you, drop the phone. Most late model phones have "locator" features. Police departments love this feature. You can be tracked pretty quickly through triangulation. The phone will be on, and the 911 operator will hear only a scuffle (make sure you yell something like "DON'T HIT ME WITH THAT!").

Keep the guy busy for a few minutes, and the boys in blue will soon be there...

TARPONTIM
11th of May 2006 (Thu), 10:32
I would love for somebody to tell me to leave a public park. It would be fun exercise dancing on his face. The i would take his picture Bleeding. life is short dont take anyones crap.

TARPONTIM
11th of May 2006 (Thu), 10:34
Mabee a P.O.T.N EVENT at the next game would shake him up. 200 people shooting the game.

johnnybfan
11th of May 2006 (Thu), 17:04
Correct me if I'm wrong, but did he threaten to harm you, or to call the cops on you?

If the former, then he's just misguided and not necessarily a bully. Showing up with 10 angry buddies might achieve the wrong result.

Nobody said to show up with 10 angry buddies. We said to show up with 10-15 other POTN (or photo friends) members. I think that our members would be a show of support that this jerk would not be able to ignore.
It sounds like he was the angry one because he made threats.Oh, by the way, if you have witnesses of his threat of bodily harm, you could have him arrested for assault. (at least you could in Michigan) No one has to put up with this guy.

RLRiley
11th of May 2006 (Thu), 18:29
Oh, by the way, if you have witnesses of his threat of bodily harm, you could have him arrested for assault. (at least you could in Michigan) Its the same here and probably similar in most parts of the country so you could, at least in theory, have him arrested if he made legitimate threats that caused you to be concerned for your safety. However, thats the theory...actually pursuing it may or may not generate much sympathy from law enforcement. They may be instantly willing to pursue the matter or may need some prodding from you if they feel it was an isolated incident with little/no potential to escalate into something more serious. Its one of those things that you'll never know how it will be received by law enforcement until you try.

Steve Parr
11th of May 2006 (Thu), 18:51
life is short dont take anyones crap.

It's also too short to do jail time, which is what you would get in the scenario you presented. Unless someone gets physical, you have no cause to. Doing so would only hurt your cause, not to mention putting the other person in the position of having to defend himself. If he's defending himself, that means you're in the wrong.

Please let us know how that works out if it happens...

NBEast
12th of May 2006 (Fri), 02:21
He said he would do both.Wow, how amazing.

Last time I was threatened with bodily harm ... boring story sorry ... out surfing maybe 10 years ago and they just though it was their beach so started threatening. I'm no midgit, but they were 2 and pretty big too. In short, they'de take me down I'm sure.

I just said "look, you think that somehow the law stops at that shoreline? Don't be obsurd. Do you really want an assalt and battery charge over some waves?" Then paddled right through them to take the next wave directly towards them, practically shoving them off it.

As with most bullies, even a couple of meatheads like that backed down when confronted (they probably thought I was a cop). On the shore, some 6'6, 250lb giant congradulated me since I guess they gave him the same.

I really like the cell phone idea. Set it up as a speed dial and simply hold that number down - it'll call. Yeah, get some POTN guy with a 500mm to snap the whole thing. Or even have one shoot right next to you to witness it all.

Normally; I'd hate to do anything to endanger the standing of little league, or involve them in anything. However; they're for sure better off without him, and that chapter needs to learn about not picking a true jerk that could cause legal trouble. Maybe even a simple letter to the league (his peers or superiors) would get him fired and get you a profuse appology.

Unnnnbeeeeleavable!

Steve Parr
12th of May 2006 (Fri), 02:47
I really like the cell phone idea.

I used to teach personal protection, while in the Navy. It's a simple, standard, albeit much overlooked, tool to use in case trouble shows up...

archosman
12th of May 2006 (Fri), 17:33
I would love for somebody to tell me to leave a public park. It would be fun exercise dancing on his face. The i would take his picture Bleeding. life is short dont take anyones crap.

That would make a nice picture in the People forum...:)

johnnybfan
13th of May 2006 (Sat), 01:42
I think that you should go back to this park and continue taking your pictures. Be quiet & try not to bother anyone.
By now they know that you've talked to someone about the last time. Don't be afraid of what they might do because you have people there to support you and to be able to tell some of them to listen or take some of what's going on. Be sure not to let it get physical. Just have someone there witness an attack on someone - Whether or not something is copacetic

johnnybfan
15th of May 2006 (Mon), 14:58
Just wondering how it went this weekend. Please let us know if your "buddy" was there when you went back and how it went. Happy shootin'

Wilt
15th of May 2006 (Mon), 16:57
If I recall my student attorney roommate in college...even THREAT of physical action causing fear (in you) can consititute ASSAULT. Getting actually physical is BATTERY.

Skip Souza
15th of May 2006 (Mon), 18:37
In California there is no such crime as "Verbal Assault"
An assault is an attempted battery, a physical act. A thrown punch that misses is an assault.

A battery is a successfully completed assault, again a physical act. A punch that connects is a battery.

I have often heard complaints by citizens that "he assaulted me verbally" or "he committed verbal assault on me." In each instance I had to tell them that just because someone called them names or made rude remarks it was not necessarily a criminal act and was certainly not an assault, verbal or otherwise.

Hope this helps.
Skip

Wilt
15th of May 2006 (Mon), 18:46
<<An assault is an attempted battery, a physical act. A thrown punch that misses is an assault.>>

I certainly can understand that stating "I will hit you if you don't..." is merely a 'threat', but is not enough for 'assault'. But if I pull back a fist as if to prepare to strike you, even if I do not move my fist suddenly in the direction of your body, is THAT enough to constitute 'assault'?

Skip Souza
15th of May 2006 (Mon), 18:57
Ahh, you have now entered the gray area. The correct answer is; "perhaps, but probably not." What you have described is a threat not an attempt. Probably not even a criminal threat.

Now I know that answer doesn't help at all. It just makes things more confusing. Remember, these laws were written by and for the benefit of lawyers. ;-)

Wilt
15th of May 2006 (Mon), 19:45
<<Ahh, you have now entered the gray area. ...Remember, these laws were written by and for the benefit of lawyers>>

Hmm, the precedence (vs. French codified law) is obviously everything! If he pulls back his fist the first time it is merely another threat , but if he pulls back his fist the second time and strikes genuine fear that this time he WILL strike, it all depends upon the ruling found in Smith v Jones and the change in ruling found in Brown v Johnson. And I have to hire an attorney (and so does the other guy) in order for us both to find out how this outcome might or might not reflect a different point of view.

Skip Souza
15th of May 2006 (Mon), 20:00
You are citing civil cases with which I am not familiar. Civil law as it is now practiced is mainly for the enrichment of attorneys. My familiarity is mostly with criminal filings handled by attorneys on the public dole, errr, payroll ;-)

jwilson
15th of May 2006 (Mon), 20:18
Have you spoken to the committee that runs the league yet? I would like to know how the prez justifies his action to them? You obviously had witnesses, the children you were photographing...were their parents there as well? I guess what I'm saying is that all of the advice given with respect to calling the cops is good but if you never have the "opportunity" for a repeat of the incident, he gets away with it. I would push it with the league committee - even if nothing is done about it. That way, in the future, the idiot hopefully will think twice about what he's doing. And I personally would ALWAYS shoot in that specific park, with a friend (aka witness), hoping he confronts me again. Size can be intimidating but I think attitude is much more so. I've a muscular build but I'm short so I'm not initimidating too many folks on first glance. But I won't back down from an argument when I know I'm in the right and after 17 yrs in the military, I know how to defend myself very well. I won't say that I look for fights but I won't run from them! ATTITUDE!!!!

RLRiley
16th of May 2006 (Tue), 04:51
If I recall my student attorney roommate in college...even THREAT of physical action causing fear (in you) can consititute ASSAULT. Getting actually physical is BATTERY. Yeah, this the way I learned it too. But as I said, just theory. I'm actually in school at present and have recently taken a couple basic law classes (although I'm majoring in accounting). My understanding is if it is a viable threat this constitutes assault whether or not the person making the threat actually makes a move to follow through with the threat or not. The key, at least as we were taught, is that the person being threatened must actually feel that there is a legitimate threat of bodily harm. Again, this is all just classroom theory, however, and in the "real world" it may be different.

Wilt
16th of May 2006 (Tue), 10:05
<<Yeah, this the way I learned it too. >>
I was in college over 30 years ago. My friend the attorney, who just retired as VP of a large corporation, would be proud that I retained so well what we discussed back then as roommates!

Skip Souza
16th of May 2006 (Tue), 13:14
CALIFORNIA CODES
PENAL CODE
SECTION 240- ASSAULT

An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another.

CALIFORNIA CODES
PENAL CODE
SECTION 422- TERRORIST THREATS

Any person who willfully threatens to commit a crime which
will result in death or great bodily injury to another person, with
the specific intent that the statement, made verbally, in writing, or
by means of an electronic communication device, is to be taken as a
threat, even if there is no intent of actually carrying it out,
which, on its face and under the circumstances in which it is made,
is so unequivocal, unconditional, immediate, and specific as to
convey to the person threatened, a gravity of purpose and an
immediate prospect of execution of the threat, and thereby causes
that person reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety, shall be punished
by imprisonment in the county jail not to exceed one year, or by
imprisonment in the state prison.
For the purposes of this section, "immediate family" means any
spouse, whether by marriage or not, parent, child, any person related
by consanguinity or affinity within the second degree, or any other
person who regularly resides in the household, or who, within the
prior six months, regularly resided in the household.
"Electronic communication device" includes, but is not limited to,
telephones, cellular telephones, computers, video recorders, fax
machines, or pagers. "Electronic communication" has the same meaning
as the term defined in Subsection 12 of Section 2510 of Title 18 of
the United States Code.

First do not confuse criminal and civil. Criminal acts tend to be narrowly defined while civil suits have a sky's the limit approach.

In the above CPC quotes you see there is a considerable difference in what is required to prove assault and threats. I also provided additional emphasis on unconditional. generally speaking, any conditions placed on the execution of the threat prevents successful prosecution under this code. Example; "If I catch you with my wife again I'm going to kill you where you stand." The person issuing the threat has placed a condition on the execution of the threat which pretty much prevents prosecution under CPC 422.

In2Photos
16th of May 2006 (Tue), 13:17
Where is the OP? I hope he didn't get beat up. I was hoping for an update.

Skip Souza
16th of May 2006 (Tue), 13:33
should we send flowers???

Choderboy
16th of May 2006 (Tue), 15:31
It would be funny if there were enough forum members prepared to turn up next time. Half of them could shoot the little league , the other half could shoot the prez :lol:

archosman
17th of May 2006 (Wed), 00:47
It would be funny if there were enough forum members prepared to turn up next time. Half of them could shoot the little league , the other half could shoot the prez :lol:

If you all do that someone needs to post pics! If you were here in Nashville I'd help out!

Ballen Photo
17th of May 2006 (Wed), 01:46
It's been 6 days since the OP stated he was going there tomorrow to shoot. I hope He's OK. :rolleyes:
-Bruce

grego
17th of May 2006 (Wed), 05:04
It's been 6 days since the OP stated he was going there tomorrow to shoot. I hope He's OK. :rolleyes:
-Bruce

Last Activity: 4 Hours Ago 09:25 PM

Ballen Photo
17th of May 2006 (Wed), 12:21
Hmm, Are we talking about the same peron? (4g63photo) I just checked again, and His last post was 6 days ago. :rolleyes:
-Bruce

zacker
17th of May 2006 (Wed), 12:42
id have brang a few friends, gave them cameras and we would have had some fun with this jerk!

Where's the parents in all this? if he's hired by the kids parents then he has a right to be there... Unless he's trying to get more business and this coach (or prez) is doing just that... but, unless he's giving the $$ back to the team, he has no right to say who can and cannot take pics at a game.. OP should go back to shoot and bring a cop. This moron threatens a kid? hes gotta be one of them big sport nut wanna be adrenalin junkies out to bully anyone he can.. Stick a monopod up his A** next time he mouths off!
-zacker-

grego
17th of May 2006 (Wed), 13:47
Hmm, Are we talking about the same peron? (4g63photo) I just checked again, and His last post was 6 days ago. :rolleyes:
-Bruce

http://photography-on-the.net/forum/member.php?u=45590

Ballen Photo
17th of May 2006 (Wed), 14:43
http://photography-on-the.net/forum/member.php?u=45590OK, Thanks. I didn't see that. ;)
-Bruce

rdsmith3
17th of May 2006 (Wed), 15:04
But his last post was still 6 days ago.

One thing to keep in mind is that just because someone on the internet tells a story, it does not mean the story is the truth, the whole truth, and nothing but the truth. There are at least two sides to every story.

grego
17th of May 2006 (Wed), 17:33
OK, Thanks. I didn't see that. ;)
-Bruce

No problem. Makes me feel better to know he's at least accessed the board recently.

But his last post was still 6 days ago.

One thing to keep in mind is that just because someone on the internet tells a story, it does not mean the story is the truth, the whole truth, and nothing but the truth. There are at least two sides to every story.

Defintely. there's always a fine line, where you have to decide whether or not something is factual or not.

NBEast
17th of May 2006 (Wed), 20:22
No problem. Makes me feel better to know he's at least accessed the board recently.



Defintely. there's always a fine line, where you have to decide whether or not something is factual or not.Unless the guy beat his ID and Password from him!:evil:

kwsanders
24th of May 2006 (Wed), 00:31
This is a time when it comes in handy being a giant. You'd have to be nuts to want to get pysical with someone my size. I personally hate bullies because until I was 13 I was a small kid who later grew to be the size of THE ROCK.

I'm with you there, cjm. My son was in a soccer league this year for the first time. He played on a 7 year old team at a public park near where we live. I was out at every game taking photos of the kids playing. I never once had anyone say anything negative to me about taking photos. Of course, not too many people are going to mess with someone who is 6'6" tall and weights 305. ;-)

I say the OP should definitely stand his ground. Show up at the next league meeting like someone else mentioned and report the guy. The guy who threatened the OP is no better than the parents of six and seven year olds out there who are yelling at their kids because they missed a shot or something. It makes me sick.