The law says if you are in a public location, you have no expectation of privacy, and so people are allowed, legally, to take your picture or record you without your consent. However, that’s what’s legal. I qualify it a little. If someone is in a public place entirely voluntarily, then mostly I’m ok with someone taking their picture or recording them with or without their consent. If, however, they aren’t in a public place entirely voluntarily, and unhoused people would absolutely qualify, then I just think it’s not a cool thing to do. And someone sleeping, that’s even worse. They aren’t even aware you’re doing it. Good intentions or not, and I believe your intentions are good, It’s not cool.
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I can see that in your picture which, for me, is tender and respectful.
I don’t know where the balance is, but this seems to me to be on the right side. We love Weegee, and Vivian Maier don’t we? Art has uncomfortable sides but this is a beautiful image, shot really well. I feel dignity in it.
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Some clarification on the picture I posted yesterday.
One thing I didn’t write about Philadelphia is that there are a lot of homeless people in the city center. I knew that if I was going to be honest, I would have to take a picture of this aspect of the city too. I couldn’t limit myself to pictures of happy people and pretty places.
I had many opportunities. For example, I did not take a picture of the man who had passed-out in front of the Clothespin and had urinated all over himself. I thought that would rob him of his dignity.
This one person sleeping in the public area of City Hall said everything I wanted to say. I was trying to document a part of society that is usually ignored. I also thought this picture was beautiful.
If you would like to see this picture in the context of other similar pictures I have taken, here is a link to an album.
Anyway, here is a picture from the Art Museum.
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