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Disney Responds to my Letter

Last week while I was on a busi­ness trip, I received a reply from Walt Dis­ney World Guest Com­mu­ni­ca­tions regard­ing the harass­ment I received from Dis­ney Secu­rity. Here are the links to pre­vi­ous posts, in case you haven’t fol­lowed the story:

Dis­ney Thinks Pho­tog­ra­phers Are Terrorists

My Let­ter to Disney

Dis­ney Fails It’s Own Objective

Another Let­ter to Disney

Here is the response I received from Dis­ney on May 4, 2010:

Dear Mr. Beem,

Thank you for con­tact­ing us regard­ing the Walt Dis­ney World Resort.

We apol­o­gize for your incon­ve­nience dur­ing your recent visit to Down­town
Dis­ney. We under­stand tak­ing pho­tographs is an essen­tial part of
cre­at­ing last­ing mem­o­ries and encour­age our Guests to take pho­tographs
of their vaca­tion. As I am sure you under­stand, there are occa­sion­ally
secu­rity mat­ters asso­ci­ated with cer­tain types of pho­tog­ra­phy. In those
instances, our secu­rity team is trained to observe and, when
appro­pri­ate, engage those guests.

Since the safety and well-​being of our Guests are of the utmost
impor­tance to us, this pol­icy has been imple­mented merely as an added
secu­rity mea­sure for all Guests who visit the Walt Dis­ney World Resort.

Thank you for your comments.

Sin­cerely,

[Name Redacted]
Guest Com­mu­ni­ca­tion Ser­vices
Walt Dis­ney World Resort

Let’s say that I’m under­whelmed and dis­ap­pointed, but not com­pletely sur­prised. It’s politely phrased, but my own inter­pre­ta­tion of this note is to sug­gest that Walt Dis­ney World really doesn’t give a damn and they will con­tinue with their pol­icy of harass­ing pho­tog­ra­phers that they per­ceive as threats to secu­rity. This was specif­i­cally referred to as “pol­icy” at Walt Dis­ney World. That means it’s doc­u­mented and sup­ported by the com­pany. This wasn’t a case of some overzeal­ous secu­rity guard going beyond his respon­si­bil­ity. Walt Dis­ney World has writ­ten direc­tions to harass pho­tog­ra­phers. It’s their plan of action.

I responded and asked to see the pol­icy in writ­ing, but once again, I’ve heard noth­ing. I pointed out that a guest has no way of know­ing whether they are in com­pli­ance with Dis­ney pol­icy or not, since there are no signs pro­hibit­ing pho­tog­ra­phy (one excep­tion is a sign for the House of Blues con­cert hall, but not the exte­rior where I was shoot­ing). If this is pol­icy, shouldn’t Dis­ney inform its guests?

Per­son­ally, I don’t know of any secu­rity mat­ters asso­ci­ated with pho­tog­ra­phy in pub­lic places, even if those places are on pri­vate prop­erty. Secu­rity goons like to recite 911 and ter­ror­ism, but that’s just a load of bunk. The 911 attack­ers had planes, not cam­eras. Tim­o­thy McVeigh used a rental truck and fer­til­izer, not cam­eras. When inves­ti­ga­tors want to find out what hap­pened at an event, they look for the results of video and still cam­eras. Pho­tog­ra­phy help. It is not a secu­rity threat at all and I’m insulted that Dis­ney would sug­gest as much in its response to me.

Despite the fact that I pointed out the fact that Dis­ney did not address the ques­tions in my orig­i­nal let­ter, and that I wrote back inquir­ing for clar­i­fi­ca­tion of this pol­icy, I don’t expect to hear back. I think that Walt Dis­ney World just wants to sweep this inci­dent under the rug and Don will con­tinue to harass other pho­tog­ra­phers at Down­town Dis­ney. I’ve heard from oth­ers who were has­sled by Dis­ney Secu­rity there since my inci­dent, and at least one of them had media cre­den­tials to shoot there and another who is under con­tract to shoot there.

Amaz­ing, isn’t it? Walt Dis­ney World refers to any area acces­si­ble by the pub­lic as being “on stage.” I guess the show is just more “secu­rity the­ater.” I would have expected Walt Dis­ney World to live up to a higher stan­dard, but clearly it does not.

About William

Author, Photographer and IT Manager. I have a fondness for chocolate. I also own Suburbia Press and Aperture vs Lightroom.

  • Bob

    William,

    I told you that you would get a response. And I also knew that it would be a patron­iz­ing answer to your com­plaints. Their let­ters to guest com­plaints are always the same. If I were you, I would just for­get about it. Don’t let this one awful expe­ri­ence ruin your desire to shoot great pho­tos in Dis­ney theme parks.

    You have already wasted too much time and energy on this. Move on with your life. As my par­ents told me on more than one occasion,“CONSIDER THE SOURCE”. Dis­ney secu­rity cast mem­bers are low paid cast mem­bers. They are just look­ing for some excite­ment and for some­one to pick on. It’s their job to harass pho­tog­ra­phers because some­body above them told them to do so. They are just car­ry­ing out their orders, but sadly, it seems that they “enjoy” mak­ing a pho­tog­ra­phers life mis­er­able. It is what it is. Please keep shoot­ing beau­ti­ful pic­tures at Dis­ney theme parks. Dis­ney offers a visual par­adise for the photographer’s cam­era. Just take the risk and you will find that most of the time you will be left alone. Trust me on this. I have been shoot­ing pro­fes­sion­ally at Walt Dis­ney World and Dis­ney­land for over 23 years an count­ing. If I ever get harassed by Dis­ney secu­rity, I some­times play dumb. If that doesn’t work, I will get tough with them. I am usu­ally shoot­ing for them, have cre­den­tials with me say­ing so, and Dis­ney secu­rity still won’t let up. It can be aggra­vat­ing at times, but it is what it is. In con­clu­sion, LET IT GO MAN!!!

  • http://gerryrosser.wordpress.com gerry rosser

    We live in a mealy-​mouthed world. No expla­na­tion from Dis­ney Cor­po­ra­tion will be forth­com­ing, I expect.

    I have expan­sive thoughts on the anti-​photography fool­ish­ness we see these days, but they are just my the­o­ries, and not really worth expli­cat­ing. Suf­fice it to say that the motives for much of the con­duct we see in the world today are cer­tainly dif­fer­ent for the half-​assed jus­ti­fi­ca­tions which are floated around for that conduct.

  • http://www.tkrphoto.com Terry Rein­ert

    Yeah, this seems like a canned let­ter that they send out to any­one who has a com­plaint. What a load of mess. I still think we should orga­nize a huge photo walk to take place at dif­fer­ent places around Dis­ney simul­ta­ne­ously so as to make their secu­rity man­agers heart pop. :)

    • http://www.williambeem.com William

      I’ve heard a few other folks also pro­pose a huge photo walk at Down­town Dis­ney. At first, I didn’t think it would be nec­es­sary and I hoped that some­one in the office would see how absurd it is to has­sle pho­tog­ra­phers. Now it’s appar­ent that the cor­po­rate peo­ple are buy­ing into the secu­rity BS. I would go along with the idea of a mass photo walk there now, though. I’m just not sure it would be effec­tive at chang­ing Dis­ney pol­icy, though. It would be a thorn in their side for a while and then it would be over.

      It will take a much more sus­tained effort to change pol­icy at Walt Dis­ney World.

  • http://www.gowderphotography.com Paul Gow­der

    We visit WDW often, and I’ve taken lit­er­ally hun­dreds of pho­tos in the parks. I’ve never had any prob­lems at WDW while tak­ing photos.

    Here are pho­tos from a recent trip:
    http://​www​.flickr​.com/​p​h​o​t​o​s​/​9​6​0​7​7​1​5​3​@​N​0​0​/​s​e​t​s​/​7​2​1​5​7​6​2​2​3​7​7​3​8​5​2​56/

    I pub­lished over 900 on Flickr from that trip! Never was approached by any­one! Even did sev­eral HDR pho­tos on that trip!

    There are even groups that have photo meets there!
    http://​www​.themagicin​pix​els​.com/​i​n​d​e​x​.​p​h​p​/​T​a​b​l​e​/​P​i​x​e​l​m​a​n​ia/

    Thou­sands of pho­tos pub­lished and no one else has had an issue!

    Remem­ber that all of WDW is PRIVATE prop­erty. They can set any pol­icy they want. And they don’t have to share those poli­cies with us!

    Ever tried to take a photo in a mall? Most mall don’t even allow pho­tos. We as pho­tog­ra­pher are lucky that Dis­ney not only allows us to take pho­tos there, but allows us to pub­lish them on web­sites and blogs!

    I don’t agree with all of their poli­cies, but I don’t get the right to argue them or try to change them. I just recently went to Dis­ney on Ice and was stopped when try­ing to take in my 24-​70mm. Their pol­icy was that lenses big­ger than your hand were not allowed. After dis­cussing it with them, I was allowed to carry it in.

    Argu­ing with secu­rity and refus­ing a request is always going to cause prob­lems! Lots of places are now imple­ment­ing anti-​photographer poli­cies. But caus­ing issues like this will NOT get them changed. You’re just going to cause even stricter policies.

    While you are on pri­vate prop­erty you can’t refuse a request of secu­rity! They have the right to ask any­one for ID and ques­tion them. I’m sure if some­one with­out a cam­era had stood in that same spot for a long time, they would have been ques­tioned too!

    Why in the world would you think that they would leave you alone after you refused their request for ID? At that point you are offi­cially a trou­ble maker to them!

    You cre­ated your own moun­tain out of this mole hill! Show your ID, com­ply with their requests and keep on shooting!

    • http://www.williambeem.com William

      With all due respect, Paul, I dis­agree with you. Pri­vate secu­rity has no more author­ity than you or I do. If you come to my house, I do not have a right to demand to see your ID. I don’t have a right to stop you from tak­ing pho­tographs. All I can really do is tell you to get off my prop­erty. The same is true of Dis­ney Secu­rity or some mall security.

      You seem either very igno­rant of your rights or will­ing to give them up. That’s your choice, but it’s not mine.

      Dis­ney may set any pol­icy it likes, and you’re right that they don’t have to tell us what that pol­icy entails. How­ever, that’s really pretty stu­pid of them. How is a guest sup­posed to adhere to an unpub­lished pol­icy? Since Dis­ney doesn’t pub­lish its pol­icy, how will you even know if my actions make the pol­icy more strict or not?

      Feed­back is good for any busi­ness that wants to attract pay­ing cus­tomers. Some peo­ple may have elected to say noth­ing and never return. Dis­ney would not have a chance to earn their busi­ness again. I’ve worked in enough busi­nesses to know that they always want the oppor­tu­nity to earn your busi­ness. In this case, I gave Dis­ney that oppor­tu­nity and it failed miserably.

      If I com­plied and showed my ID, as you sug­gested, what do you think they would have done with it? How would they securely store my pri­vate infor­ma­tion? The secu­rity man­ager men­tioned that he wanted to know who to look for if some­thing “bad” hap­pened. Do you hon­estly think it’s smart to hand over your ID to some­one look­ing for an excuse to blame you for a crime you never com­mit­ted? I cer­tainly don’t.

  • Lisa

    As a pre­vi­ous post men­tioned, it’s their prop­erty and they make the rules. Unfor­tu­nately, just like TSA at the air­port, each agent enforc­ing those rules also uses their own dis­cre­tion and that can vary widely from one agent to the next. I would have liked to see a more “situation-​specific” let­ter from Dis­ney, had I been you, but it is what it is, I guess. Sorry it ruined your experience.

    And if I come to your house, you DO have the “right” to ask to see my ID. And I have the “right” to tell you no at which point you can tell me to high-​tail it off your property.

    • http://www.williambeem.com William

      You’re right. We all have the right to “ask” what­ever we please. I can even demand it, but that’s about the extent of it. You can decline my request or demand. I can’t phys­i­cally force you to hand it over just because you’re on my prop­erty. If I tried, you’d likely have me arrested for battery.

  • http://www.gowderphotography.com Paul Gow­der

    [quote]With all due respect, Paul, I dis­agree with you. Pri­vate secu­rity has no more author­ity than you or I do. If you come to my house, I do not have a right to demand to see your ID. I don’t have a right to stop you from tak­ing pho­tographs. All I can really do is tell you to get off my prop­erty. The same is true of Dis­ney Secu­rity or some mall security.

    [/​quote]

    Actu­ally you are mis­in­formed! If some­one is on your prop­erty tak­ing a pic­ture of your house, you DO have the right to stop them!

    And you can demand to see anyone’s ID that is on your prop­erty! If the per­son refuses, you can ask them to leave or even have police remove them. You as the prop­erty owner can request these things!

    Please read here:
    http://​en​.wikipedia​.org/​w​i​k​i​/​P​h​o​t​o​g​r​a​p​h​y​_​a​n​d​_​t​h​e​_​l​a​w​#​P​r​i​v​a​t​e​_​p​r​o​p​e​rty

    A prop­erty owner has the right to refuse you tak­ing pho­tos! You even have the right to com­pen­sa­tion if some­one pub­lishes a photo of your prop­erty with­out expressed per­mis­sion! Take the Eif­fel Tower for example :

    http://​photo​.net/​b​b​o​a​r​d​/​q​-​a​n​d​-​a​-​f​e​t​c​h​-​m​s​g​?​m​s​g​_​i​d​=​0​0​4​0xw

    And they expect you to com­ply when you are made aware of the pol­icy. They made you aware of their pol­icy. They asked you to com­ply with a request. You refused. And they, rightly so, asked you to leave!

    Do you really think that Dis­ney is going to try an pin a ter­ror­ist con­spir­acy on you because you showed your ID? More than likely they would have kept your name to see if you ever pub­lished that work for profit! Or just kept it for their records.

    Also keep in mind that when you are carry a tri­pod in a pub­lic place you are a nui­sance. You may have tried to stay out of everyone’s way. But in Disney’s mind you are a lia­bil­ity to other guests. You trip some­one, that per­son sues Dis­ney not you. They are well within their rights to keep your name on record for any­thing that may have happened.

    • http://www.williambeem.com William

      Paul, you still seem igno­rant of the facts. As I’ve writ­ten, they never told me to stop any­thing. They never told me to stop tak­ing pho­tos. They never men­tioned a sin­gle word about my tri­pod. They never asked me to leave. You’re just mak­ing stuff up to suit your argument.

      As Lisa men­tioned, we all have the right to make requests. Don asked and I declined. Why does this bother you so much?

      Let me ask you this ques­tion — how do you plan to stop some­one who is tak­ing pho­tographs on your prop­erty? Sure, you can yell at them. You can tell them to get off your prop­erty. If they refuse, you can call the police. Your rights as a prop­erty owner are really lim­ited to tres­pass, not photography.

      Con­trary to your state­ment here, Dis­ney has NEVER made me aware of their pol­icy. Don didn’t men­tion it. There aren’t any signs about it on prop­erty. Disney’s Guest Com­mu­ni­ca­tions didn’t offer any clar­i­fi­ca­tion of pol­icy, either.

      As for Dis­ney keep­ing my ID for their records, why do they need more data in their records? How does that enhance security?

      Once again, you seem quite con­tent to sub­mis­sively give up your rights and give Dis­ney more rights than it has a right to expect under the law. It’s quite baf­fling to me why you would take this approach, but please don’t expect me to follow.

  • http://www.gowderphotography.com Paul Gow­der

    One more thing to keep in mind, is that Dis­ney prop­erty is not only pri­vate prop­erty. But they actu­ally incor­po­rated it into the Reddy Creek Improve­ment Dis­trict. They have their own gov­ern­men­tal juris­dic­tion. So the secu­rity there is not just pri­vate security!

    • http://www.williambeem.com William

      Wrong again, Paul. Since you like Wikipedia, here’s the information:

      http://​en​.wikipedia​.org/​w​i​k​i​/​R​e​e​d​y​_​C​r​e​e​k​_​I​m​p​r​o​v​e​m​e​n​t​_​D​i​s​t​r​i​c​t​#​S​e​c​u​r​ity

      [edit] Secu­rity
      Main arti­cle: Dis­ney Safety and Secu­rity
      The Dis­trict does not have a police force, instead allow­ing Orange County and Osce­ola County to respond to inci­dents. The approx­i­mately 800 secu­rity staff are instead con­sid­ered employ­ees of the Walt Dis­ney Com­pany. Arrests and cita­tions are issued by the Florida High­way Patrol along with the Orange County and Osce­ola County sher­iffs deputies who patrol the roads. Dis­ney secu­rity does main­tain a fleet of secu­rity vans equipped with flares, traf­fic cones, and chalk com­monly used by police offi­cers. These secu­rity per­son­nel are charged with traf­fic con­trol by the RCID and may only issue per­son­nel vio­la­tion notices to Dis­ney and RCID employ­ees, not the gen­eral public.[2][3] Secu­rity vans pre­vi­ously had red flash­ing lights, but after pub­lic scrutiny fol­low­ing the Sip­kema case,[4] were changed to amber to fall in line with Florida State Statutes.[5]

  • http://www.gowderphotography.com Paul Gow­der

    First I didn’t say the secu­rity had the author­ity of police. I said they are more than just pri­vate secu­rity. You make them sound like just rent a cops.

    And Dis­ney does have more rights than just the aver­age pri­vate prop­erty owner since they incor­po­rated the area.

    And I care so much because I enjoy tak­ing pic­tures at WDW! And I don’t want peo­ple like you ruin­ing that! With peo­ple like you caus­ing prob­lems with Dis­ney secu­rity the rest of us tri­pod tot­ing pho­tog­ra­phers will have more issues!

    I also didn’t say they asked you to stop. I said they are within their rights to do so. And when the secu­rity guard request your ID, you have been made aware that they have a pol­icy about request­ing IDs! Once they make the request you can’t argue you didn’t know they might want to see and ID. No you can’t phys­i­cally pry it from my hands. But when you refuse, a prop­erty owner can then tell you to get off. But that doesn’t even mat­ter. Pri­vate prop­erty own­ers can demand and have you removed from their prop­erty for any­thing! It doesn’t mat­ter, it’s their prop­erty. They don’t like you, you can be asked to leave.

    As for my plans on how to han­dle some­one tak­ing pho­tos on my prop­erty, you CAN call the police and have them removed. Where you are mis­in­formed, is that if I am on your prop­erty you can restrict what I do there – includ­ing tak­ing pictures.

    You are obvi­ously very upset that Dis­ney had the nerve to ask to know who you are! That trav­esty of jus­tice must be avenged!

    But the fact is you are just mak­ing a whole lot of some­thing out of nothing.

    • http://www.williambeem.com William

      Paul,
      What do you mean that they are more than just pri­vate secu­rity? If you aren’t a cer­ti­fied LEO, then you’re just another cit­i­zen with no more power than any of us. What is this spe­cial class of secu­rity guard you’re invent­ing here, and what makes you think they have any more author­ity than a rent-​a-​cop?

      I have to tell you, com­plain­ing in the com­ments of my blog is not going to impact Disney’s secu­rity efforts. I see the logs here and I know how often they check my site these days. It’s not much at all. If you get has­sled by secu­rity at Dis­ney, don’t blame me. Blame the guy who is has­sling you per Dis­ney policy.

      You still haven’t addressed how you expect to restrict some­one from tak­ing pho­tographs on your prop­erty, aside from stat­ing your pref­er­ence. The only power you have is to demand that they leave your prop­erty. Pho­tog­ra­phy is not a crime and you are not a king. Your recourse is about tres­pass­ing, not legal activ­ity that you don’t like.

      I’m dis­turbed that Dis­ney Secu­rity treated me like a crim­i­nal, but you’re the one using a lot of excla­ma­tion marks. My con­tact with Dis­ney was to express my dis­plea­sure as a cus­tomer, not to avenge any­thing. Once again, you seem to be read­ing into things that aren’t there.

  • Jeff Samp­son

    The secu­rity per­son­nel involved here appear to have over­re­acted but the same can be said of you as well. It’s Disney’s prop­erty, they make the rules. If you dont want to abide by those rules (in this case pro­duc­ing some ID and answer­ing some ques­tions), your choices are sim­ple, either leave or esca­late it up the chain of management.

    Per­son­ally I would have asked the secu­rity per­son­nel involved to accom­pany you to guest ser­vices to work things out. You’d be out some time but the sit­u­a­tion could have been smoothed over much more effec­tively. Instead you made a big deal out of it and now it’s the rest of us who may may pay for it.

    Think of it this way, when these secu­rity per­son­nel, and per­haps oth­ers who are briefed about your alter­ca­tion, encounter a pho­tog­ra­pher, par­tic­u­larly one with a tri­pod, they may get has­sled because of this. Thanks a lot.

    • http://www.williambeem.com William

      Jeff,

      Please tell me how I over­re­acted? I never lost my tem­per (and nei­ther did Don). If Dis­ney wants me to abide by its rules, don’t you think they should make its guests AWARE of those rules? Why do I have a respon­si­bil­ity to abide by unpub­lished rules?

      As you said, I could leave or esca­late. I left. Then I wrote to Guest Com­mu­ni­ca­tions. While I was on prop­erty, I didn’t know about Guest Com­mu­ni­ca­tions. Per­haps I would have addressed it with them at the time if I was aware of it, but Don didn’t inform me about it.

      You and Paul seem to think that you’re going to suf­fer some con­se­quences for my actions. What you fail to real­ize is that this isn’t some­thing new that just hap­pened to me. Based upon the com­ments I’ve received on my posts about the issue, this has hap­pend for quite a while. The fact that you (and I) are just now becom­ing aware of it doesn’t make the mat­ter my fault if you’re the next one who gets has­sled by Dis­ney Security.

      At least I tried to do some­thing about it. You’re welcome.

  • http://www.gowderphotography.com Paul Gow­der

    Amen Jeff!

    And William, I don’t know how you acted with the Secu­rity guards. But all the blog posts, let­ters, etc is def­i­nitely over­re­act­ing. Post­ing there let­ter and the edi­to­r­ial com­ments about Dis­ney is your way of get­ting even with them. You did more than just express dis­plea­sure to Dis­ney. You’ve put this out in the pub­lic arena. It was a pri­vate mat­ter between you and Dis­ney. But because you aren’t happy with their end result, you decide to get up on your soap box via your blog.

    Yes, I am wor­ried about it hap­pen­ing to oth­ers now. A search for Walt Dis­ney World on Flickr brings back over 400k results. But you are the only one that has been harassed. If this was a wide spread prob­lem with WDW, I would have seen in in the half dozen Dis­ney forums I read. No one else seems to have this issue!

    Pho­tog­ra­phy on pri­vate prop­erty is not a crime. But I as a pri­vate prop­erty owner, have the right to set any restric­tions I want on my prop­erty. If you go against them, then I can have you removed or arrested. My point is that it isn’t just pho­tog­ra­phy, I can restrict any­thing! On my prop­erty I can set a restric­tion that you can’t walk back­wards. The act of walk­ing back­wards isn’t crim­i­nal, but being on my prop­erty against my wishes at that point is.

    The flaw in your logic is your fail­ure to rec­og­nize Disney’s rights as a prop­erty own­ers. You are argu­ing that your right to pri­vacy is vio­lated by them ask­ing to see your ID. But their rights over­ride your right to pri­vacy. You make the choice. If you want to keep your ID pri­vate, OK, then you must leave.

    • http://www.williambeem.com William

      Paul:

      I acted calm and polite. In fact, I showed them what was on my cam­era and addressed their con­cerns about edi­to­r­ial or com­mer­cial pho­tog­ra­phy. Then Don switched to being con­cerned about archi­tec­tural pho­tog­ra­phy. He asked for my name, I gave it. He asked for my ID, and I asked why he needed it. Per­haps you could read my pre­vi­ous posts on the mat­ter to come up to speed, since we seem to be rehash­ing a lot of ground I’ve already covered.

      Also, read the com­ments. You claim that I’m the only one who ever got has­sled. The com­ments on this post and oth­ers about the issue clearly show that oth­ers have expe­ri­enced harass­ment by Dis­ney Secu­rity while tak­ing pho­tographs. Such action does NOTHING to enhance secu­rity. Peo­ple who want to cause secu­rity risks don’t run around tak­ing pic­tures first. Even if they did, you’ve noted there are over 400K images on Flickr alone. Google Earth pro­vides excel­lent satel­lite cov­er­age of Dis­ney World. What’s the point in has­sling a guy tak­ing a pic­ture? Is that going to be the ONE image that causes the House of Blues to explode? Hardly so.

      Ter­ror­ism just isn’t that big of a threat to most people’s lives. Per Bruce Schneier’s post today, the amount of deaths related to ter­ror­ism is roughly about the same as those related to house­hold appli­ances — 200 per year. He points out that there aren’t many attacks because it’s very hard to do. So why has­sle a guy with a cam­era on a tri­pod in the name of secu­rity? It’s stu­pid and rude.

      As for your asser­tions with regard to prop­erty rights, I feel I’m talk­ing to a wall. You may set all the restric­tions you want, but ulti­mately, the only right you have is against tres­pass­ing, The fact that you don’t grasp that con­cept doesn’t make it any less true.

      You also fail to grasp this truth — Dis­ney never asked or ordered me to leave, and Disney’s rights cer­tainly don’t over­ride my rights to con­ceal my iden­tity. That’s pro­tected by the Con­sti­tu­tion (except in Arizona).

      Paul, you have a plethora of mis­taken ideas and bad information.

  • http://www.gowderphotography.com Paul Gow­der

    Here is what you said in your ini­tial post.

    Don tells me that if I don’t pro­vide him with more iden­ti­fi­ca­tion that he’s going to call the Orange County Sheriff’s Office.”

    They have that right. And you have the right to not show it. But when you don’t they can then have you removed. I didn’t say they did ask you to leave, I said they have the right to ask.

    As for the right of them to ask you not to pho­tog­ra­phy their build­ing see this:

    Copy­right pro­tec­tion also extends to archi­tec­tural works, specif­i­cally for archi­tec­tural works cre­ated after March 1, 1989. How­ever copy­right pro­tec­tion also has lim­i­ta­tions. A release is not needed to pho­to­graph a build­ing or prop­erty vis­i­ble from a pub­lic place. How­ever, per­mis­sion is needed to pho­to­graph and repro­duce images of a build­ing pro­tected by copy­right and not vis­i­ble from a pub­lic place. Enter­ing pri­vate prop­erty to pho­to­graph a build­ing or related pri­vate prop­erty may also trig­ger a claim of tres­pass. To avoid such claims, pho­tog­ra­phers, pub­lish­ers and film­mak­ers use a prop­erty release, some­times known as a loca­tion release.

    http://​fairuse​.stan​ford​.edu/​C​o​p​y​r​i​g​h​t​_​a​n​d​_​F​a​i​r​_​U​s​e​_​O​v​e​r​v​i​e​w​/​c​h​a​p​t​e​r​1​2​/​1​2​-​d​.​h​tml

    • http://www.williambeem.com William

      Paul,

      It’s inter­est­ing that you have an opin­ion, but it’s irrel­e­vant. They never asked me to leave, nor did they ever tell me to stop tak­ing pho­tos. I don’t need a prop­erty release to take pho­tos as a hob­by­ist. As noted in your exam­ple, a release is not nec­es­sary to pho­to­graph a build­ing from a pub­lic place. Down­town Dis­ney, while pri­vate prop­erty, is open to the pub­lic with­out dis­crim­i­na­tion (e.g., mem­ber­ship required) and there­fore a pub­lic place.

  • Paul Gow­der

    DTD is pri­vate prop­erty. Regard­less of being open to the pub­lic it is pri­vate. Same with malls. It’s still private.

    • http://www.williambeem.com William

      Paul, do you know why restau­rants (pri­vate prop­erty) in Florida have to pro­hibit smok­ing? It’s because they’re open to the pub­lic. So is Down­town Dis­ney. Although pri­vate prop­erty, it does not give Dis­ney license to do what­ever it damn well pleases. There are legal restric­tions in place on what a busi­ness open to the pub­lic may and may not do.

      At this point, I don’t even know what you’re argu­ing about. You’re all over the map here and com­pletely off-​course of the orig­i­nal dis­cus­sion. While you can argue Disney’s right to do this or that, I’ll con­tend that it was an extremely stu­pid busi­ness deci­sion to has­sle me for tak­ing pic­tures, and I ques­tion the dubi­ous excuse of “secu­rity” as a pre­tense for the confrontation.

      Have a nice evening, Paul.

  • http://www.gowderphotography.com Paul Gow­der

    No that isn’t why it is pro­hib­ited to smoke in Florida. The law states all work­places, not pub­lic places!

    http://​en​.wikipedia​.org/​w​i​k​i​/​L​i​s​t​_​o​f​_​s​m​o​k​i​n​g​_​b​a​n​s​_​i​n​_​t​h​e​_​U​n​i​t​e​d​_​S​t​a​t​e​s​#​.​C​2​.​A​0​F​l​o​r​ida

    Any­ways, I’ve said what I need to say. You appar­ently don’t get my points, that’s fine.

    Hope you return to WDW soon. Be sure to share you pictures.

    I’ll be back in Decem­ber. And I’ve got it on my photo list to grab an HDR of the House of Blues. Be sure to sub­scribe to my Flickr stream to see it!

  • Geoff

    William,

    It appears that you’ve got­ten so wrapped up in your tus­sle with Dis­ney that you’re miss­ing what’s already before you. I’ll save you the time of wait­ing for the 2nd let­ter from Dis­ney in order to find out what is the “pol­icy” ref­er­enced in the 1st let­ter. The def­i­n­i­tion of that pol­icy is actu­ally con­tained in the 1st let­ter itself. Here it is: “there are occa­sion­ally secu­rity mat­ters asso­ci­ated with cer­tain types of pho­tog­ra­phy. In those instances, our secu­rity team is trained to observe and, when appro­pri­ate, engage those guests.”

    In another words, it is Disney’s pol­icy to have their secu­rity staff engage guests that they sus­pect(!) of being up to pho­to­graphic “no good”. I don’t think this just includes the pos­si­bil­ity that they think that the pho­tog­ra­pher is plot­ting a crime. I also think that this includes the sus­pi­cion that the pho­tog­ra­pher is engag­ing in unau­tho­rized com­mer­cial or edi­to­r­ial pho­tog­ra­phy. Dis­ney secu­rity isn’t only charged with pro­tect­ing the phys­i­cal prop­erty of the com­pany and guests, as well as the bod­ily safety of cast mem­bers and guests… they’re also charged on being on the look out for threats against the company’s intel­lec­tual prop­erty and works. Instead, you’ve fix­ated on this “they think I’m a ter­ror­ist!” angle. I also just asked my 19-​year-​old daugh­ter to read the response let­ter and asked her “What’s the pol­icy they’re talk­ing about in the 3rd para­graph?” She looked at it again and in under 5 sec­onds pointed to the same def­i­n­i­tion that I posted above.

    I think in the end, after talk­ing to “Don” they likely feel that there was jus­ti­fi­able rea­son to think that you were being less than hon­est with them after declin­ing (which was your right) to back details up with some hard ID. Again, I think you were 100% hon­est with them and they over­re­acted towards you… but, I think you’re con­tin­u­ing to repay them in kind. I real­ize that you remained claim in your exchanges with Dis­ney secu­rity staff, but over­re­act­ing doesn’t require that you shout while wav­ing your arms about.

    • http://www.williambeem.com William

      Geoff,

      I under­stand your points. I still am both­ered by the notion that Dis­ney would treat a guest in such a man­ner based upon the unproven and dubi­ous notion that pho­tog­ra­phy is a secu­rity threat. To use Bruce Schneier’s phrase, it’s a “movie plot” threat, not a real one. Ulti­mately, this kind of behav­ior is dam­ag­ing to Disney’s busi­ness inter­ests. I’m also both­ered that you can’t get a straight answer. I real­ize what’s before me, but it’s vague and unde­fined. It doesn’t allow a guest the oppor­tu­nity to know what is or is not accept­able within Dis­ney policy.

      Imag­ine if the roads at Dis­ney didn’t have line, signs or traf­fic sig­nals. Every­one would have to guess based upon their own pre­vi­ous expe­ri­ence. Well, some peo­ple may think dif­fer­ently about the same sce­nario. I cer­tainly didn’t have any con­cerns that tak­ing some HDR pho­tos would cause a prob­lem. In fact, it didn’t cause any prob­lem at all. The peo­ple around me seemed not to care. As I men­tioned, some even approached me and asked me to take their fam­ily photo. The only prob­lem was with Security.

      The intel­lec­tual prop­erty angle is pretty weak for a secu­rity per­spec­tive. I would be much more afraid of fac­ing Dis­ney lawyers than Dis­ney security.

  • Geoff

    William, It was late and “IP and works” were the only terms I could think of. More appro­pri­ately, I should have said pro­tect­ing Disney’s “image and good­will”. For exam­ple, if you’d instead opted to do a taste­ful glamor shoot with a model in front of the HoB instead of doing HDR stuff, I think Don & Co. would have hot­footed it out towards you even faster. My point is that the “secu­rity” func­tion that the secu­rity staff is charged with isn’t just to deter crim­i­nal activity.

    As for not spelling things out for you, well unless you’re sign­ing a press cre­den­tial release odds are very very few places will explic­itly state what is and isn’t per­mis­si­ble pho­to­graph­i­cally. Ditto for guest behav­ior in gen­eral. Dis­ney no doubt does have some things that are guar­an­teed to get you thrown out of the park, such as shoplift­ing or try­ing to take the head off a CM in char­ac­ter, but there’s no offi­cial list of offenses. Like­wise, Dis­ney requires “appro­pri­ate attire” for admis­sion to the parks, but other than know­ing that adult guests can’t dress as char­ac­ters (except for the tick­eted Hal­loween party), there’s no offi­cial pol­icy about what’s OK and what isn’t. This vague­ness is com­mon and under­stand­able. It allows for flex­i­bil­ity on the part of park CMs and Dis­ney Secu­rity to respond to sit­u­a­tions. The down­side of this approach is that at times CMs can over­re­act (see “Don”), but in their decades of oper­a­tion Dis­ney has appar­ently found that this approach is more pos­i­tive than neg­a­tive for them. And I think it’s not usual for Dis­ney to spell out their secu­rity pro­to­cols for you or any­one else.

    As for dam­ag­ing their busi­ness inter­ests, quite frankly I don’t think solo guys with pro-​camera equip­ment tak­ing pho­tos with tripods is a demo­graphic group that’s high on WDW’s list. They may con­sider tick­ing off a cou­ple of such peo­ple a year unfairly is a price worth pay­ing for try­ing to keep pos­si­ble unau­tho­rized pro­fes­sional pho­tog­ra­phers from oper­at­ing on their prop­erty. When they start doing things like reg­u­larly harass­ing fam­i­lies of five from Indi­anapo­lis that are spend­ing a week at Wilder­ness Lodge about sus­pected com­mer­cial pho­tog­ra­phy, then they should worry.

    • http://www.williambeem.com William

      Agreed that secu­rity does more than worry about crim­i­nal behav­ior. I’ll even agree that Dis­ney doesn’t give a damn about me. I still don’t see any ben­e­fit to Dis­ney by this pol­icy, though. It’s a waste of energy, doesn’t enhance secu­rity, and pisses off guests.

      Not exactly a win­ning busi­ness strategy.

  • Geoff

    Er, make that “And I think it’s not usual for Dis­ney to not want to spell out their secu­rity pro­to­cols for you or any­one else.”

  • Fran­cois

    Funny how some peo­ple here are ref­er­enc­ing Disney’s intel­lec­tual prop­erty vs. secu­rity (which any nor­mal human being with a mod­icum of com­mon sense knows is sim­ply another word for cor­po­rate con­trol). Those folks should check out “Free­dom of Expres­sion ©: Overzeal­ous Copy­right Bozos and Other Ene­mies of Cre­ativ­ity”. They might learn some­thing. Dis­ney is a bully. Period. Don’t take that “secu­rity” crap for any­thing else (I’m not lean­ing on the agents here — they’re sim­ply doing what they’ve been told to do if they want to keep their job). As long as they’re at it, what about spy glasses, micro­phones, lit­tle old ladies with false bras? Stop the para­noia and start look­ing at your dwin­dling rights. Dis­ney doesn’t give a rat’s ass about you. You go there, you’re pay­ing them. Tough!

  • Bon­nie

    Secu­rity at Dis­ney World stinks, to put it mildly. My brother had taken a large pack­age of pur­chase to the car, while I stood inside the park with his resort cup and cam­era bag. Try­ing to return through the “no bag” area, he was rudely asked by a male secu­rity guard “what’s in your pants?” A sex­ual ques­tion if I ever heard one. Of course, he was forced to show kleenex and two inhalers for aller­gies and asthma. Talk about har­rass­ment. You bet­ter believe it. Other men asked why my brother was being treated this way, but never got an answer. The next day we were talk­ing to a man­ager (?) at Hol­ly­wood Stu­dios, and were threat­ened with being thrown from the park for sim­ply ques­tion­ing why we were treated the way we were. After vis­it­ing Dis­ney World twice a year in the past five years, and once a year since 1983, I never would have believed the treat­ment would be pre­sented to a guest. Believe me, we will NEVER go to Dis­ney again. I know, some will say Awww, but let it hap­pen to your fam­ily, and then you can let me know how you feel about it.

  • Dis­ney Dis­as­ter Victim

    I still can’t believe our bizarre expe­ri­ence at Epcot. We were there last week with a group of 11 extended fam­ily mem­bers. We were try­ing to have that “mak­ing mem­o­ries” moment for our kids at the large mon­e­tary cost of a 5 day, four park visit. We were in Epcot under 2 hours when my hus­band wanted my son to wait on line to have his pic­ture taken with a char­ac­ter. As my son stood on line with my brother, my hus­band and I stood in front of the char­ac­ter to take the photo of our son. As my son smiled at us, we took a pic­ture, and the character’s han­dler jumped in front of us, blocked us from tak­ing a pic­ture, pushed my husband’s cam­era into his chest, stood guard between us and our son, and shouted, “Stop! This is not your child!” She fran­ti­cally waved her hand in front of my husband’s face almost knock­ing off his glasses. My poor son stood there in shock. I said,” This is our son.” She said, “No it isn’t, you were not in line with him!” I said, “He was in line with his Uncle and his cousins!” After that, a team of secu­rity peo­ple fol­lowed us, mak­ing every­one very uncom­fort­able. My hus­band was so upset, he wanted to com­plain to some­one in charge, so he went back to the entrance to talk to a secu­rity per­son and was sur­rounded and inter­ro­gated by 12 secu­rity peo­ple and was asked to leave the park for the day!!! This was his first day at the park with his son! He refused to come back to any of the Dis­ney parks after that. Dis­ney ruined our fam­ily vaca­tion, and stole all the magic out of what was a life­time of mem­o­ries for me and poten­tially for my son. It also strained our mar­riage because he didn’t want to give one dime to DIs­ney after that. We all had night­mares about this tragic day for about five days. We are still in dis­be­lief! They humil­i­ated us in pub­lic and embar­rassed us in front of other fam­ily mem­bers and strained our mar­riage. Now that’s some pow­er­ful magic! Not the good kind. All she needed to say was, “Ma’am is this your son?” All would have been oh so different.

    • http://www.williambeem.com William

      You’re right. That could have so eas­ily been han­dled with a ques­tion rather a con­fronta­tional reac­tion. Sorry to hear that it hap­pened to your family.