Public Safety Officers handcuffed and detained a long-time resident last week in an incident involving photography for a letter he was sending to The WIRE.

Ronald G. Musto, PhD, was taken into custody Wednesday, September 1, after he refused to provide his name to Public Safety Officers who appeared outside Musto's apartment building, Westview, as he was taking photographs to illustrate the letter (page 2).

"I was taking photos of the air-conditioning units on The Child School building below my Westview apartment. When I finished, I also stopped just beneath 575 to take a shot of a peace banner in our apartment window in 595 Main Street. I was accosted by two young men, who approached and began interrogating me. I told them to mind their own business, but did not ask for their names. One claimed to be the 'super' for The Child School, and said I was on his property; the other was carrying an air-conditionng filter." One called him a "homo," Musto said; the other suggested he was a "terrorist."

"About five minutes later, two officers from Public Safety - a Sergeant Wright and a female officer - arrived. Without ascertaining the situation or questioning the two men, the sergeant asked me for ID. I felt there was no cause for such a request, and refused. When I asked the reason for the request, I was told the police now have the right, after 9/11, to stop anyone and ask for ID. I still refused, and was then told that I would be 'cuffed.' I did tell them that I live in Westview, pointed to my window, and told them I was photographing that, and the female officer then said she knew me.

"I was handcuffed and walked to Public Safety by a contingent of four officers. Their attitude and demeanor were professional. I informed them that I was preparing something for The WIRE, but when I asked to call an attorney, I was told I was not under arrest, and that the process of writing a summons would take only five minutes. Forty-five minutes later, I was still in custody. I had been handcuffed to a chair for a half-hour. Finally, I was issued a summons for 'Disorderly Conduct' with a court date of October 29."

Musto said he expects to contest the summons, and is conferring with an attorney to consider further action in the matter.

Musto's experience parallels that of WIRE editor Dick Lutz, who was handcuffed and detained in January, 2002, when a Public Safety Officer ordered him to stop photographing a Tram cabin sitting in the grass at the Island Tram station. Like Musto, Lutz was handcuffed, held incommunicado at Public Safety, then issued summonses. In Lutz's case, the summonses were later voided by Public Safety Chief James Fry. (See Island Observer, page 2.)

Other residents taking pictures on the Island have had similar experiences with Public Safety, though they have not generally resulted in arrest, handcuffing, being held incommunicado, or being restrained at the Public Safety Office.

A professional photographer, Kurt Wittman, has been approached several times by Public Safety Officers when testing equipment. He and his wife were cuffed the week after 9/11/01 when men aboard a Coast Guard vessel spotted them in the water off the Island, doing underwater photography. The charges, for trespassing, were later dropped.

Wittman now carries a copy of a memo from RIOC President Herbert E. Berman that he can show to officers who question his right to take pictures. It reads, in part, "the taking of still pictures on the Island, at allowable sites, is permitted so long as the taking of the pictures does not constitute an obstruction and is not for commercial purposes."

In June, 2003, the Acting President of the Roosevelt Island Operating Corporation (RIOC), Patrick Siconolfi, issued a clarification of RIOC policy on photography on the Island: In a memo to PSD Chief Fry, Siconolfi wrote, "It is the policy of the Roosevelt Island Operating Corporation that permits will not be required for recreational photography or videography. The press will also not need permits to take either still or moving pictures on Roosevelt Island." There has been no subsequent announcement of any change in photography policy.

RIOC Vice President Sari Dickson declined comment on the matter because it is an "ongoing investigation."