My Confrontation with the FedEx Photo Enforcers

It started with a photo.

Well, not this photo. This is the prizewinning street photography shot I took just seconds after I first encountered two young women on State Street. It was early, not many people out at that time, those that were out were on their way to work. It was going to be a hot day; it was sunny from the get go, no marine layer, so photos were going to be contrasty.

I decide to walk out in the street, which I can safely do as it’s been closed to cars for a couple of years now. That puts me approximately 20-25 feet from the sidewalk and the two young women.

Later I would wonder, were they EF students attending the language school on Chapala? In some foreign countries taking photos in public is taboo, I’m guessing. You must factor in that my camera operates silently – most of my subjects never know their having their picture taken. But these two did. Only later would I notice, perhaps because it was early with light at a low angle they could see my reflection in the store windows. Maybe they just noticed the old guy out in the street with a camera. I know I’m naturally a bit defensive in my version of this story, even though I’m out there almost every day doing the same thing, capturing the vitality of car-free State Street.

This photo shows their initial reaction.

Notice my reflection? They didn’t see me, they saw my reflection. Nonetheless, they were unhappy to have their photo taken. Another halo’ing – I never said a word, no gestures, no eye contact – you see me looking down into the viewfinder and its only really useful in framing the shot; their subtle facial expressions I won’t see until I get back to my desktop computer at home.
Still they’re unhappy to have this perceived invasion of their privacy. And they complain to the next person that comes by – the FedEx lady. She’s walking to work, I’m guessing, but one thing I know for sure, she’s sympathetic to their complaints. Later I recall she shouted towards me, but by then I’m in the next block. I would shoot 6 other people over the next few minutes, all of them biking to work. No one complained and seldom does anyone even notice. The bicycle is going to speed them right past me and few feel sufficiently put out to stop their downhill ride, turn around and confront me. I’ve been doing this for 3 plus years, so many people already have seen me at work or know of me.

So while I’m a couple of blocks down the street, photographing others without incident, meanwhile the FedEx lady has conscripted an accomplice. They come charging towards me.

“Stop, I’m calling the police!”

What’s my first defense? I aim the camera at them, shooting 20 frames a second is the first thing I think of.

“Don’t take my picture!”

As if she gets a vote.
But I’ve captured this confrontation and let the camera slide down. I hear Dispatch on the phone, “What’s the situation?”

“Yeah, what infraction am I guilty of?” I chime in. But she’s not listening to me, Dispatch is talking her down, or so I assume. There’s no law that says I can’t photograph, the law is clear, if you’re out in public or can be seen by someone in public, anyone can take your picture.

These exonerating details I’ll save for my next trip to FedEx; right now I’m calculating how to remove myself from this scene. My best escape route is right on Carrillo then right again into the alley, through the parking lot, continuing the few blocks, but out of sight of State Street as I head home. I can’t wait to see the photos.

August 28, 2023

Postscript: What makes a prize winning street photo? Layers is the terminology and this photo has several. First, the subject, her reflection, the store’s interior, the 50% OFF sign, the ceiling lights – that’s how a street photo is evaluated. Was it worth the hassle? May I slide by saying I’m still evaluating. But like I said previously, I don’t know I’ve taken a qualifying photo, I won’t know until I process the photos.