We’ve been watching the Flickr discussion boards blow up lately about the banning of photography in supposedly public places. One user has posted in every D.C. related group with his recent story, and another user, katmere, has had so many confrontations with police and security guards that she started her own group last week called DC Photo Rights, where folks are asked to “[p]ost photos that you took in ‘banned’ locations, or photos when you been asked to stop taking legal photos.”

Flickr user chippy314’s story is particularly ridiculous. He was taking pictures from Ellsworth Avenue in Silver Spring, when he was told by a security guard that photography was not allowed, despite chippy314’s protestations that he was standing on a public street. Or was he? As the guard suggested, he went to the management office of Peterson Companies, the development agent contracted to rebuild the area, and was told, “Downtown Silver Spring including Ellsworth Avenue is private property, not a public place, and subject to the rules of the Peterson Companies.”

No, no, no, my friends. Sidewalks and streets are paid for with taxpayer money and generally considered to be public space. The local government can make certain rules regarding these areas (e.g. shovel your walk during winter), but a private company prohibiting an act such as photography from the sidewalk outside their establishment just doesn’t fly. And no, 9/11 didn’t change that.

We’re not talking about secure government facilities or even the Metro — where actually, as we’ve already discussed, non-commercial photography is explicitly allowed — so are these photographers just getting hassled by uniformed authority figures who bank on camera-wielding folks not knowing the law? In a couple words: hell yes.

Photo of Silver Spring establishments by katmere, who was then confronted by a security guard and told she was not allowed to take photos in Metro Plaza.