The New York City Mayor's Office of Film, Theater andBroadcasting (MOFTB) is in the process of re-drafting proposed newrules that would have required many film and still photographers toobtain proof of liability insurance and permits in order to conductcertain activities in the city.

Based on feedback it has received from the public during anextended comment period, the MOFTB decided on Aug. 3 to re-draftthe rules.

As originally drafted, the rules would have required a permitfor “film or still photography activity involving a tripod and acrew of five or more persons at one site for 10 or more minutes,”and also for “the same activity among two people at a single sitefor more than 30 minutes.”

In order to obtain a permit, applicants would have to provideproof of liability insurance with a limit of at least $1 milliondollars per occurrence and also a policy endorsement naming theCity of New York as an additional insured.

The insurance requirement might be waived if the applicant “isable to demonstrate that such insurance cannot be obtained withoutimposing an unreasonable hardship on the applicant,” according tothe original draft.

The permit requirement does not apply to press photographers whoare credentialed by the New York Police Department and studentfilmmakers who are covered by their school's insurance.Additionally, the filming or photographing of a parade, rally,protest, or demonstration is exempt “except when using vehicles orequipment other than a handheld device or single tripod.”

In various press announcements, MOFTB has explained that it hasissued permits for over 40 years, and it is now “codifying existingprocedures” as part of a settlement from a lawsuit brought by theNew York Civil Liberties Union (NYCLU).

According to the NYCLU, the lawsuit involved the detention ofRakesh Sharma, an Indian documentary filmmaker, in May 2005. Mr.Sharma was detained for several hours by the NYPD for filming on acity sidewalk in Manhattan with a handheld video camera.

The NYCLU statement said, “During his detention Sharma was toldhe had to have a film permit, but when he subsequently applied tothe [MOFTB] for a permit to film with a handheld camera, hisapplication was denied,” the statement continued.

The NYCLU sued the city on Mr. Sharma's behalf, and the citysettled. As part of the settlement, the city agreed to createwritten rules for issuing permits to photographers and filmmakers.Until the settlement, NYCLU said, no written rules existed.

However, the NYCLU and others opposed aspects of the MOFTB'sproposed rules, and after hearing concerns from the public thissummer, the MOFTB has decided to re-draft the rules.

The NYCLU acknowledged that the rules “are a considerableimprovement over the prior scheme because they generally exemptfrom the permit requirement those using hand-held cameras, exemptphotography or filming at protests and demonstrations, andeliminate onerous insurance requirements.”

But the organization opposed the permit requirement for twopeople at a single site for more than 30 minutes. The NYCLUcontended that the requirement “would sweep into the MOFTB permitscheme large numbers of people, particularly tourists, whocongregate in public places throughout New York City–like TimesSquare, Rockefeller Center, or Ground Zero–and casually photographor videotape.”

NYCLU executive director Donna Lieberman said, “This requirementmakes no sense, violates the First Amendment right to photograph inpublic places, and opens the door to selective and discriminatoryenforcement. We see absolutely no reason why a family visitingGround Zero or standing in line outside the Empire State Buildingfor half an hour should be required to obtain a permit from NewYork City to snap casual photographs or to use a camcorder.”

The NYCLU also opposed the permit requirement for a group offive or more people at one site for 10 minutes or more.

Originally, the comment period on the proposed rules ended onJune 26, but following a request by the NYCLU, the period wasextended to Aug. 3. The MOFTB said through a spokesperson that itis still in the process of re-drafting the rules, and following therelease of the new rules, another comment period will beopened.