Tall Buildings and the Law

I was in Birmingham last week to attend, yet another, Photoshop seminar.  The seminar was in the evening so I thought I’d arrive early in the day and try to photograph some of the architecture in this state’s largest metropolis.  Now, I’ve been to Birmingham a hundred times, most notably when I was a staff photographer for the Huntsville Times.  When the University of Alabama played at Legion Field, I could usually be found on the sidelines on any given Saturday capturing the action on film for our football-crazed readers.  If it was a night game, I’d only be able to stay for a quarter or till halftime, so I’d have enough time to drive the film back to Huntsville before Sunday presstime.  Throughout  the years, other stories I worked on, took me to the Magic City (no idea how it got that name), and I became very familiar with many parts of the city.  Well, Birmingham has grown quite a bit since those days, so I thought it might be time to take a closer look at some of the city’s newer monoliths.

Hugo Black Federal Courthouse

Once I exited I-65, I headed for downtown and Birmingham’s tallest buildings.  These are not necessarily the city’s nicest or most modern buildings, however.  In my opinion, most of the nicer, newer, and more modern buildings are located within the numerous office parks along the Hwy 280 corridor, south of downtown.  While I did find my way down there later in the afternoon, I concentrated on the downtown area mainly because these buildings are more easily accessible.  Many of those office parks are guarded, and getting permission to photograph some buildings on private property is often more trouble than it’s worth.

Regions-Harbert Tower

Unfortunately, photographing the buildings downtown did not come without its own set of problems.  No sooner had I mounted the camera on the tripod, then I noticed a policeman approaching me on foot.  He came up to me and asked what I was doing.  I told him that I was in town for the day, had a seminar to attend that evening, and thought that I would take some new photos to beef up the architectural portion of my photographic website.  He said he was mainly just curious and told me not to concern myself with the uniform (easier said than done).  He had some questions about my equipment, so I took that to mean, that perhaps, he was a photographer himself.  After a couple of minutes, and a few more questions, he said he had to check on his dogs, and he moved toward a car parked nearby.  I thought that maybe he was part of a police canine unit, but on considering the ninety degree temperatures, I hoped I had misunderstood him, and that he did not have dogs locked inside a car in that heat.

Regions-Harbert Tower reflected in the Hugo Black Courthouse

Within minutes of the policeman’s departure, I was approached by a woman coming from the opposite direction.  She introduced herself as a lawyer with the city attorney’s office.  She asked my name and wondered just what I was doing.  I introduced myself, presented a business card, and again explained what I was up to.  She asked if I was aware that I was photographing a federal courthouse.  Slightly embarrassed, I had to admit that I did not.  From the angle I was shooting, there was nothing that would identify the building as anything other than an ultra-modern, multi-story building.  As it turned out, the Hugo Black Federal Courthouse certainly did not look like your typical courthouse, county or federal.  The lady lawyer admonished me for taking “unauthorized” photos of a federal building and spouted something about Homeland Security and 9-11.  I explained that I was shooting for myself, I was on public property, and that I was only interested in the reflections in the windows on the exterior of the building.  Unswayed by my weak explanation, she strongly suggested that I make my way inside the building and inform the U.S. marshals there, that I had been taking photos of their building.  She further stated, that she would check up later in the day, to see that I had actually followed through with her unsolicited advice.

AT&T Communications Tower

As far as I knew, there was no law that said that you could not photograph a federal building, but I thought it prudent to go along with what the lawyer was saying, mainly to get her off my back so that I could go back to shooting.  I crossed the street, went inside the building and found a U.S. marshal.  I explained my situation and what I had been asked to do by the woman lawyer.  I stated my belief that I did not believe photographing a federal building was unlawful, especially from the outside and while standing on public property.  The officer seemed a bit unsure of the laws governing photography of federal buildings, but in the end came to the conclusion that it was not permissable, although he admitted that people did it all the time.  I felt he was giving me the politically correct answer, and that down deep, I felt, that he didn’t really care.  He asked me if I wanted to discuss the matter with his superior, but since no one was suggesting that I surrender my photos, I thanked him and said that would not be necessary.  I left Birmingham with all my images and made a mental note, to double-check the laws regarding photographing federal buildings as soon as I got back home.  What I found out, was that photography is a form of free speech and expression guaranteed by the first amendment. The general rule is that…………

……….in the United States, anyone may take photographs of whatever they want when they are in a public place or places where they have permission to take photographs.  Absent a specific legal prohibition such as a statute or ordinance, you are legally entitled to take photographs.  Examples of places that are traditionally considered public are streets, sidewalks, and public parks. One significant exception is certain federal military installations that can prohibit photographs of specific areas when deemed necessary to protect national security.

Kind of what I thought!