The Jack-Booted Thug of the Week...

... is New York City Amtrak police officer James Rusbarsky (badge 466).

Carlos Miller, the 1st Amendment photo blogger who gave us the heads-up on Mike Anzaldi, the credentialed Chicago crime photographer arrested for filming a crime scene from across the street while standing on private property, has provided another example of the same kind of official buffoonery on the part of law enforcement, only this one's even worse.

On December 21, Rusbarsky and another officer arrested passenger Duane Kerzic for trespassing in New York's Penn Station. Why was Kerzic collared? For taking photos of the public platform and of a departing train, a perfectly legal act, abeit one that more and more law enforcement officers are apparently unable to understand.

Now, for the bizarro world part of the story, can anyone guess why Mr. Kerzic was taking photos in the station?

Anyone who guessed Amtrak's own photography contest, take a piece of candy from the jar.

Here's the rules, straight from Amtrak's own website:

"As always, Amtrak reminds you to stay out of danger - stay away from tracks and the railroad right-of-way. Do not trespass on railroad property or on private property adjacent to the railroad. Do not climb or approach railroad structures, towers, or wires. Stay in public access areas, and away from railroad structures and moving equipment - in stations, on sidewalks, or in parking lots. All participants expressly release Amtrak from all liability for personal injury and loss or damage to personal property, and expressly assume the risk of harm. Remember, tracks, trestles, yards and equipment are private property - trespassers are subject to arrest and fines." (Emphasis mine)

I would venture to guess, as Miller does, that a train platform where passengers such as Kerzic embark and debark is a "public access area", except maybe to doltish thugs like Rusbarsky He's not only completely wrong about the laws he is supposed to be enforcing, he's totally clueless about his employer's own promotional events. I suppose this means he hasn't read the employee newsletter recently.

Kerzic believes he was arrested after refusing to follow Rusbarsky's illegal order to delete the images from his camera:

[“I said ‘absolutely not’,” said the 50-year-old navy veteran who describes himself as a “conservative republican”.

They told him it was illegal to photograph the trains.

“I asked where is the sign that says that,” he said.]

Kerzic was then taken to a holding cell, where he stayed handcuffed to a wall for 90 minutes before his release.

To his credit, Mr. Kerzic refuses to be intimidated by the Amtrak officers:

"Now he plans to return to Penn Station and photograph the cops who arrested him as well as continue taking photos for the Amtrak contest."

You know, taking pictures of publicly-owned trains from public spaces sounds like a really fun activity. It seems like it would be a great hobby, and a good way to win a contest to boot. Maybe I'll mosey on down to a station this week and give it a go.



(For more information, here's Mr. Kerzic's website, which describes his ordeal in more detail.)