Legal Aspects of Video Filming on New York City Subway Trains: A Guide for Videographers

When Miss Cyndy Wyggly filmed jiggling chests on a New York City subway train, her actions highlight an important question: is it legal to film such activities in this public space?

Understanding the Legal Landscape

According to the New York City Metropolitan Transportation Authority (MTA), video and still photography are permitted on its subway system and associated lines under most circumstances. However, there are limitations and considerations that need to be addressed.

MTA Policies on Photography and Filming

The New York City MTA Transit Rules of Conduct state that filming or video recording is allowed in any facility or conveyance, except for the use of ancillary equipment such as lights, reflectors, or tripods. Press members holding valid city-issued identification are granted permission to use additional equipment if necessary.

Documentation of MTA Policies

Thanks to the efforts of rail photographer-turned-historian Bob Andersen and the New York Civil Liberties Union, there is now clear documentation available demonstrating that the MTA operations of New York City, Long Island Rail Road (LIRR), MTA Metro-North Railroad, and MTA Staten Island Railroad have no photography bans in place. You can find this documentation on Bob Andersen's LIRR History website at this link.

Consent and Privacy Concerns

While the MTA policies permit filming in most cases, it's important to note that you cannot use photos or films of people without obtaining their consent. Filming people without their permission can lead to legal issues or potential conflicts with the subjects of your videos.

Legal Considerations

In a public location like a subway train, there is generally no legal expectation of privacy. However, if someone does not want their area filmed, they can take steps to protect their privacy, such as wearing loose clothing.

Practical Advice for Videographers

Videographers should be aware of the potential consequences and should ensure they are documenting activities in a respectful and appropriate manner. Additionally, it's crucial to seek permission from subjects who are visible in your film to avoid legal disputes or conflicts.

Conclusion

Filming on New York City subway trains involves understanding both legal and social expectations. By maintaining awareness of the rules and showing respect for the individuals involved, videographers can ensure their activities remain legal and harmonious.