Two photographers have sued the National Park Service (NPS) claiming that its photography permit requirements violate First Amendment rights.
Nature and sports photographers Alexander Rienzie and Connor Burkesmith filed the lawsuit against NPS, with the aim of overturning its “unconstitutional permit-and-fee scheme that charges Americans for the right to film in public spaces.”
According to the lawsuit, Rienzie and Burkesmith wanted to film athlete Michelino Sunseri’s attempt to break the record for the fastest climb up the Grand Teton in Grand Teton National Park, Wyoming in September.
The filmmakers planned to have only two or three people, using small handheld cameras and tripods, on the 16-mile route for the shoot — less gear than the typical climber going up the mountain.
Under current law, the NPS does not require everyday visitors or news photographers to have film or photography permits.
However, it does require permits for all “commercial” photography and filming in National Parks. This is regardless of the amount of gear photographers bring or how disruptive filming might be and whether it be for a big blockbuster movie or a small-time YouTube video.
Rienzie and Burkesmith knew they might want to use the footage of Sunseri’s speed record attempt to produce a documentary film. So the pair filed for a permit to film with NPS.
Photographers Can Face Jail Time
However, the NPS denied the photographers’ permit on the grounds that it could turn the speedrun into a “competitive event” and pocketed the non-refundable $325 application regardless.
“Independent filmmakers don’t have the resources of the big production companies,” Burkesmith says.
“It’s a gut punch every time we throw down hundreds of dollars, only to be denied permits for reasons that are vague, arbitrary, and unfair.
“As someone who needs to film outdoor sports where they happen, it’s a threat to my livelihood.”
Rienzie and Burkesmith say they were forced to choose between risking prosecution, which could include heavy fines or even jail time, or letting a potentially historic event go undocumented.
So the photographers decided to film Sunseri’s feat anyway and ended up being investigated by NPS and Grand Teton National Park.
“In the entire time we were up there, we didn’t get in the way of anyone else’s enjoyment of Grand Teton,” Rienzie says in a news release. “To us, the Grand is a very special mountain that we’ve spent countless hours exploring.”
The NPS declined to press charges against Rienzie and Burkesmith as their images hadn’t been published commercially. But in a statement, the NPS suggested that the photographers could still face charges if they ever sell or use their footage.
‘If You Have a Right to be There, You Have a Right to Film There’
The photographers are now taking on NPS in court. The lawsuit has been filed on behalf of Rienzie and Burkesmith by the Foundation for Individual Rights and Expression (FIRE).
“The national parks belong to the American public,” FIRE Chief Counsel Bob Corn-Revere says.
“If you have a right to be there, you have a right to film there. The federal government can’t tax Americans to exercise their constitutional rights.”
The lawsuit claims that the two-tiered system of requiring permits for commercial photography and filming but not news or visitors doesn’t make sense.
Rienzie and Burkesmith are seeking an injunction in the United States District Court for the District of Wyoming to “put a permanent end to a system where individual park employees can deny photographers their First Amendment rights on a whim.”
The lawsuit is also supported by National Press Photographers Association (NPAA), which represents thousands of visual journalists, including Rienzie and Burkesmith.
For years, the NPAA has argued that the law imposes an unfair burden on photographers and videographers, who can’t always know ahead of time who they plan to sell their work to, or even if they plan to sell it at all.
“It is unfortunate that the actions and policies of the National Park Service have never fully respected the First Amendment rights of photographers, and it’s even more disappointing that it has become necessary to take the Park Service to court in order to resolve our members’ concerns,” NPPA President Carey Wagner says.
“NPPA is enormously grateful to FIRE for taking on this case on behalf of all photographers.”
On Labor Day (September 1), Sunseri, an athlete sponsored by The North Face, ascended and descended the Grand Teton in two hours, 50 minutes, and 50 seconds — more than two minutes faster than the previous record-holder.
However, in the days that followed, it surfaced that Sunseri had chosen to cut switchbacks on his descent from the 13,775-foot peak, which is illegal in Grand Teton Park.
As a result, Fastest Known Time, the organization that keeps these speed records, declined to recognize Sunseri’s feat and his attempt was disqualified.
Sunseri is also being charged with a misdemeanor by NPS that could come with a fine of up to $5,000 or six months in jail.
Image credits: All photos by Connor Burkesmith.
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