I recieved a ticket from the San Diego Lifeguards for “unlicensed commercial operations.”
Since my customers bring their own kayaks and snorkeling gear to the beach the only thing that “could be considered” commerial is the adventure photography I do of the customers kayaking and snorkeling.
As I researched setting up my business, I called the parks and recreation departement of the city to find out about doing photography for money on city beaches and they said that I had to call the San Diego Film Commission. I called the film commission and they told me that they don’t consider families and individuals paying for a photographer as “commerical photography” and so they don’t really issue permits for that or regulate it. Excited to have found a “green light” I moved forward with my business.
Recently, I got ticketed by the lifguards who told me that I can’t take pictures. I spoke with Rick Wurts the San Diego Lifeguard Chief and he says it is a commerical activity. I called Parks and Recreation again and asked about taking pictures and Maria there told me it is OK. I asked if I could get that in writing and then I spoke to Debbie, who confirmed that it is OK to take photos and be paid for it as long as I am not setting up lots of equipement, advertising, or doing money transactions on the beach.
I then told her that I was ticketed for taking photos and then she started to confuse the issue with a permit needed for kayaking as I told her about photographing from my kayak.
I then was transfered to Dan Daneri, the Shoreline Park Director and he said it was commercial, but Dan Daneri was the individual I spoke with early in May who told me that I had to talk to the San Diego Film Commission who told me what I’m doing is not commercial photography.
I have felt like such a pin-ball getting bumpped around. This whold ordeal is killing my business as I have literally spent the last week just trying to figure out how I can stay in business rather than working my business.
Now, nobody tickets photographers when they are doing a family beach portrait for money. Why? Because nobody cares and it doens’t disturb anything.
Why will they ticket me when I take adventure shots of folks doing water sports they love? Because the other Kayak Tour Operators are “Screaming Bloody Murder” to the lifeguards about it. Yep, they see me and they call the lifeguards on their radio.
I should be able to take photos just like any other photographer out there.
Alright, here is the absolute ABSURD: because the film commission does not consider what I’m doing and what all the other family photographers are doing to be “commercial,” they don’t issue permits for it.
Because the lifeguards say that it is “commercial,” it can be enforced as illegal.
IT IS ABSURD THAT IT IS ILLEGAL IN SAN DIEGO TO PAY FOR A PROFESSIONAL FAMILY BEACH PORTRAIT, OR ENGANGEMENT PHOTO, OR SURFING PHOTO OR KAYAKING PHOTO!
Now if you are not Daniel Woods doing water adventure photography will you be ticketed? Let’s put it this way: You have as much chance getting ticketed for going 70 mph in a 65!
There is a double standard going on here, due to special interests.
The city needs to issue permits to professional photographers for “retail end” (families and individuals) work.
It is just as absurd to have a family beach portraits be illegal as it is to make illegal the act of having a photographer take action shots of you doing your favorite water sports.
A judge will decide this issue in September.
It could affect all photographers. I need your help.
If you are willing to offer your support please contact me through the contact page of my main site:
http://www.beachshootsandiego.com/Site/Contact__Reservations.html
Sincerely,
Daniel Woods
