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  1. #1

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    Is photographing what lies behind construction walls considered trespassing?

    I know this topic has come up from time to time. I am renewing it because of what happened in WDW in relation to someone repeatedly going backstage and video blogging it. In that respect it was a physical act of going to a non-public area. HOWEVER he recorded non-public areas which in theory can sometimes be done from public areas as well. What I wonder, is if someone who purposely seeks out these "construction shots"could potentially be at risk of being banned. It's one thing to go on the Monorail or on the Fun Wheel or even Micky and Friends and catch a wide panoramic shot. It's another to try and snap shots over walls, behind fences, or stand on a bench or planter to "get the shot". Just wondering what the thoughts are.

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  2. #2

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Good for Disney. He was a repeat offender who deliberately went backstage to film what he knew was off limits.

    Let's say I can see into your house from the street thru your open window blinds. Does this mean I can come into your house without an invitation from you and take pictures of things I can see from the street?

  3. #3

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Quote Originally Posted by mac81962 View Post
    Good for Disney. He was a repeat offender who deliberately went backstage to film what he knew was off limits.

    Let's say I can see into your house from the street thru your open window blinds. Does this mean I can come into your house without an invitation from you and take pictures of things I can see from the street?
    Right... but to take that same analogy a step further... is photographing items within your house, even if I am standing on public property (sidewalk) considered an invasion of privacy? In the case of Disney you are already on "private property" at their invitation. If an individual is specifically trying to get "off limits" shots, construction for example, are they opening themselves up for a possible ban?
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  4. #4

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Quote Originally Posted by techskip View Post
    It's one thing to go on the Monorail or on the Fun Wheel or even Micky and Friends and catch a wide panoramic shot.
    Yes that is fine.

    But not when you, violate the rules such as by using unallowed camera equipment, go in restricted areas, or put yourself, other guets or CMs in danger by your actions.

  5. #5

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Quote Originally Posted by swampymarsh View Post
    Yes that is fine.

    But not when you, violate the rules such as by using unallowed camera equipment, go in restricted areas, or put yourself, other guets or CMs in danger by your actions.
    The entire reason I wrote this is because Disney took the step to ban an individual who was physically going backstage and posting the video of it. Disney was in the right to do it (please don't misunderstand I support that decision on their part). BUT... could individuals who go to the park and are obviously trying to get "off limits" photos potentially be opening themselves up to a ban as well? Could Disney potentially take similar steps with photos, since they've already taken that step with an "urban adventurer"?
    Last edited by techskip; 01-11-2013 at 11:16 AM. Reason: clearer explanation of "They"
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  6. #6

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Quote Originally Posted by techskip View Post
    Right... but to take that same analogy a step further... is photographing items within your house, even if I am standing on public property (sidewalk) considered an invasion of privacy? In the case of Disney you are already on "private property" at their invitation. If an individual is specifically trying to get "off limits" shots, construction for example, are they opening themselves up for a possible ban?

    What you are talking about as far as in one's own home is 'reasonable expectation of privacy'. If I am standing in my 'unmentionables' in my living room with the blinds up, I have no 'reasonable expectation of privacy'. If you take my picture (not that anyone would ever want to see THAT!) you are not technically invading my privacy as I am standing in plain sight, even if I'm in my own home. However, if you creep up and take that picture through a small gap in the closed blinds, you are invading my privacy because it is reasonable for me to assume that no one is able to see me. We once had this kind of a problem with our backyard & were advised by an attorney that one's backyard has no 'reasonable expectation of privacy' since theoretically you 'should know' that someone 'could' peek over your fence.

    I don't know how that rule applies to a business. I would assume that legally it has more to do with trespassing and not obeying any posted signs prohibiting photography. I would think that someone could be banned for not obeying the rules and especially for repeatedly trespassing into areas posted as off limits. As far as raising a camera above a wall or standing on a bench to get a shot, I would assume that Disney would have to post 'no photography over the wall' or whatever the legal lingo would be.


    EDIT: I was NOT in my unmentionables in my backyard! Re-reading what I wrote I realized that it sounded like that! We just had nosy neighbors who apparently needed to know what we were doing in the backyard at all times!
    Last edited by Stormy; 01-11-2013 at 11:26 AM.
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  7. #7

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Quote Originally Posted by techskip View Post
    Right... but to take that same analogy a step further... is photographing items within your house, even if I am standing on public property (sidewalk) considered an invasion of privacy? In the case of Disney you are already on "private property" at their invitation. If an individual is specifically trying to get "off limits" shots, construction for example, are they opening themselves up for a possible ban?
    If I can photograph something on your property without having to go to any steps farther than what is normally acceptable (I know that definition in itself is questionable) is perfectly acceptable. Open your front window and I look inside or take a picture, sorry but nothing has been done wrong. Look at street view on Google. However, I come onto your property to peep in your window.......

    I agree though, yo are already on private property at the permission of the owner "Disney" and they have set limitations of where you can and cannot go. So is it trespassing? Not sure by definition, but Disney does have the right to ban someone for something they don't like.

    ^^Stormy beat me to it and explained it better.
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  8. #8

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    Re: Is photographing what lies behind construction walls considered trespassing?

    I hope Disney doesn't go further by banning people who take pictures from afar. If I walk backstage when I'm not allowed back there and take pictures, shame on me. But using a 300mm lens from the Monorail or some other higher altitude attraction... that shouldn't be a violation of anything.

  9. #9

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    Re: Is photographing what lies behind construction walls considered trespassing?

    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!
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  10. #10

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Take for example pictures of the Castle Fantasy Faire construction.

    Many pictures are taken from the second level of the Omnibus. If Disney didn't want pitures taken from this angle, they could stop running the bus, or build a construction wall twice as high.

    If Disney didn't want pictures taken, putting a "no pictures' sign on the second level wouldn't be reasonable. Disney encourages people to take pictures at thier parks, and always has soll products to do so. In fact in some ways it encourages guest to take pictures of contruction, like the observation deck by the Blue Sky Cellar last year, and peep holes around some construction sites.

  11. #11

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Quote Originally Posted by techskip View Post
    Just wondering what the thoughts are.
    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.
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  12. #12

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Back in the day I seem to remember when Disney put up walls they would often have holes in them to where you could see what was going on. I don't know why they dont do that these days. They could cover the hole with plexiglass if they are concerned about someone getting hurt. For some reason somewhere along the line Disney got all bent out of shape about this. Now you can't see anything anymore.

  13. #13

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    Re: Is photographing what lies behind construction walls considered trespassing?

    I would say standing on benches and planters is a no-no. Otherwise, while Disney may have the ability to remove anyone from the park, they really don't have much of a reason as long as all rules are being followed.
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    Re: Is photographing what lies behind construction walls considered trespassing?

    The holes I've seen in construction netting are (I believe) to vent the wind, and keep it from getting ripped to shreds when the wind blows.

    But taking pictures, from regular guest access areas, even over walls, should be ok. Maybe not polite, but also not terrible. I had a backstage tour, and they told us we could take pictures in any normal guest areas (including Haunted Mansion and the Racers ride with the lights on).
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  15. #15

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    Re: Is photographing what lies behind construction walls considered trespassing?

    Disney can ban anyone for anything any time they want. There's no Constitutional guarantee of access to theme parks.

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