Oh and by the way, STOP CALLING IT PARK AND PLANNING! Yeesh, how many times do I keep having to say that. They are SEPARATE departments now. I work at the PLANNING Department.

Note: This comment has been edited for content (Jul 3, 2007).

You are right. And that is what this is all about. I am the photographer in question and Photography is only the first layer of the onion.

The issues I raised in my oirignal letter to the council are exactly as you stated. And that is why this has got the attention that it has. The issue here is where do the public rights stop and the corporation rights start when a development is publicly funded.

We will take up your challenge of exercising our first amendment rights that you reccomended on what we deem as puiblic space on the Fourth of July at 12 noon.

Come on out and join us because we belive that public rights comes to any one who builds with public money.

And that horse aint dead, in fact it’s about get up and gallop!!

Chip Py

You are right that the issue is not so cut and dry, but as your research shows:

Exhibit G of the Ground Lease states: “Subject to the terms of the Declaration [of Easements] and the terms of this Lease, Tenant [developer] shall have the sole and exclusive right to manage and program the uses of the Project and to impose and enforce such reasonable rules and regulations as Tenant deems necessary to maintain order and to promote the safety, security and economic success of the Downtown Silver Spring Project.”

In the end Peterson has the final word. Even if it is deemed unreasonable to stop a person from taking a picture, what you have to realize is that private development can restrict your 1st Amendment rights whether you like it or not.

Try to exercise other 1st Amendment rights, like your right to free speech and see how far it gets you. I guarantee that if someone attempted to organize a protest or hand-out opinionated literature on Peterson property, they would be immediately stopped.

My point is that residents are angry about not being able to take a picture, while at the same time there are many other 1st Amendment rights they cannot exercise as well.

http://blog.washingtonpost.com/rawfisher/2007/06/photos_on_the_4th_showdown_in.html?hpid=news-col-blogs

The issue is not so cut and dry as you might imagine. The developers lease the land from the city for $1 a year and more importantly, the Ellsworth Drive land that was wholly public property was leased under conditions that point towards 1st Amendment level openness.

Free Our Streets is asking for PFA Silver Spring LC to welcome photography, videography, and other filming on Ellsworth Drive, consistent with First Amendment rights as they would apply on any other public street.

The Downtown Silver Spring development includes $187 million in county and state funds and the once completely public property Ellsworth Drive, public investment that should come with public rights.

And so the Downtown Silver Spring Photo Walk is still on. A declaration of photographic freedom on July 4th

Editor’s note: To avoid confusion, please use distinct names when leaving comments. Thanks! (Jun 28, 2007)