New York police handcuff, cite magazine editor for photographing subway train
Well, we thought when “Anthony Bologna” aka “Tony Baloney,” an NYPD Assistant Inspector pepper-sprayed an Occupy Wall Street protestor, we were seeing a character out of a bad gangster movie. Alas, he was and still is quite real. Which leads us to this 2010 NYPD episode out of a cartoon or really bad noir cop movie:
We are tempted to add a subtitle, after a famous movie tagline:
Just when you thought it was safe to take out your camera ...
The "rail" portion of the trip used a train formed of all eight operational "R1/9-class" subway cars from the Transit Museum collection. "R1/9" ("ar-one-nine," or "ar-nine") is an abbreviation meaning "class R-1 through R-9." These cars were built from 1930 to 1940 (scroll down for construction details) for the Independent City–Owned Subway System, which later became the IND division of the unified New York subway system.
Steve Barry and Mike Burkhart spent most of the day photographing the historic train, and (we infer) other subway trains at Broad Channel station. While waiting for the excursion train to return, they were approached by two New York Police Department officers. Barry said that the NYPD officers (eventually five  in number) stated that photography was not allowed. He and Burkhart were detained, handcuffed and frisked, then cited under Section 1050.9(3), New York City Transit Rules of Conduct (scroll down).
Steve Barry is Managing Editor of Railfan & Railroad magazine, and Mike Burkhart is a contributor.
An account of the story will appear in the January 2011 issue of R&R magazine. An editorial will appear in the February 2011 issue; this is now available online on the Subchat blog.
Barry and Burkhart have also filed a Notice of Claim with the Office of the New York City Comptroller. This action is mandated by law before a lawsuit may be filed.
Over the past near-decade following the terrorist attacks of September 11, 2001, we and others have speculated that the unfortunate behavior of some law-enforcement personnel would lead to a lawsuit against a U.S. public transit agency. It has long been clear "that" this would occur. The only questions were "when," "filed by whom," and "against which agency."
As Barry put it in a blog comment:
This one isn't over yet.
A  link related to the above led us to a thought-provoking article, The War on Cameras - It has never been easier—or more dangerous—to record the police (Radley Balko, January 2011, Reason Magazine). Balko is as senior editor at Reason  magazine, which is published by the Reason Foundation - yes, "that" Reason and "that" Reason Foundation. It is unfortunate that, in terms of quality, virtually all of Reason's prognostications on transportation fall far short of Balko's article–too many to cite here, we’re afraid.