Wreckless, what I'm referring to isn't riding a ride and getting a shot or even going to the parking structure and getting a shot. What I'm referring to is using the "gaps" in a construction wall, standing on planters, or standing on tip-toes with arms fully outstretched and camera pointed at the other side of the wall. To me, if you are on ground level and can't see over the wall, or covered fence, that becomes a "reasonable expectation of privacy". If I ride an attraction above said wall or fence so be it that's fair game. But if I am clearly going out of my way to photograph what is behind the wall while on the ground level that equates to trying to take a photo between the gaps in someone's blinds!My thoughts as to the guy getting banned are that he was an idiot and had it coming.
As to taking behind the scenes photos as being a trespass, I would say it depends.
If the only thing you are doing is standing in an area that you are allowed to stand in and taking a picture with photo equipment that is permissible per Disney’s photo policy, then I would say no.
At common law, trespass is basically the wrongful entry onto the real property of another. When you buy a ticket and enter the park following Disney’s rules you are there at their permission and there has been no wrongful entry. However, when one starts climbing on trash cans, walking through planters, or bringing in unauthorized photo equipment, they are no longer acting within the rules set by Disney and are thus there impermissibly. In a sense, they are now wrongfully on the land of another even if they are in the area that Disney permits paying customers to occupy. Technically, this is a trespass.
Would Disney bring suit based on this? Probably not. They would most likely just give the person a warning and then kick them out if it continued.
Bingo x 2