On November 14, 2011, two railroad enthusiasts/photographers – Ernest Steve Barry and Michael Burkhart – filed a lawsuit (Barry v. City of New York, 11-cv-5533 (EDNY filed 11/14/11)) in Brooklyn federal court alleging that in August 2010 they were detained and issued summonses for violating MTA Rules regarding the production of identification upon demand (21 NYCRR 1050.6(d)(3)) and subway photography (21 NYCRR 1050.9(c)).
The complaint asserts violations of the First, Fourth, and Fourteenth Amendments of the United States Constitution; Sections 6, 8, and 12 of Article I of the New York Constitution; and New York common law. It seeks, inter alia, compensatory damages and a declaration that MTA Rule 1050.6(d)(3) (requiring the production of identification) is unconstitutionally vague.
Given the iconic status of the New York City subway system, this case should be of great interest to amateur and professional photographers alike.