A letter to the head of the local lifeguard program

Date: Sat, 16 May 2009 19:00:27 -0400 From: Solomon Peachy <pizza AT shaftnet DOT org> To: <jeffrey.scabarozi AT brevardcounty DOT us> Subject: A mixed encouter with two lifeguards

Mr. Scabarozi,

I had an interesting encounter with two lifeguards earlier today (5/15 ~16:30) at Paradise Beach Park, and I felt the need to share and ask you a couple of policy-type questions.

I moonlight as a photographer, and one of the things I like to do on nice days is go to the beach and take photos of wildlife, surfers, and whatever else catches my eye. Today the surf conditions weren't particularly good, so there was only one surfer in the water. But the breeze felt good, so I decided to stay and see what caught my eye, and take some photos while I was at it. Oh, and I was doing this from the main boardwalk.

After I'd been there perhaps half an hour, thinking that I should head home and make dinner, a voice pipes up to the effect of "I hope you're not taking pictures of what I think you are." I turn to see one of the lifeguards. More than a little confused, I respond that I really don't know, and after a little back and forth he all but accuses me of taking pictures of some kid that was supposedly running around naked somewhere.

At this point, another lifeguard comes up behind me and politely asks me to stop taking photographs due to "patron complaints." Meanwhile, the first lifeguard is telling me to "beat it", and the second responds "I've got it" a couple of times to try and calm him down. The second again politely asks me to not take pictures, emphasising that he's not accusing me of doing anything improper and that he's not asking me to leave.

Faced with this reasonable, polite request, I respond "sure, okay", put the lens cap on, and that's pretty much that. I hang around on the boardwalk a little while longer before leaving, not really wanting to hang around this particular stretch of beach as long as the first lifeguard was on duty.

So, I'm writing this both in appreciation and disappointment; disappointment at the churlish, confrontational approach of the first lifeguard, and appreciative of the eminently reasonable, polite and conciliatory approach of the second.

I have no idea if there really was a kid running around naked, but if there was, I hope that harassing me was only done after the kid was rounded up and wrapped in a towel. I understand there are particular um, sensitivities where children are involved, but I can't help but feel if the first lifeguard's consternation was misdirected.

I've taken many a photograph at Brevard's beaches over the years. The time before this I was chatting with a Melbourne PD officer while doing so, and I gave my business card to one of the lifeguards when they asked if I'd have the pictures online somewhere. I've never tried to hide my (or my camera's) presence; indeed I go out of my way to both be highly visible and stay out of the way.

So, all of this said, I'm not out to get the first lifeguard in trouble, and this is not a formal complaint by any means. I'm relaying this experience to provide context to the questions I wanted to ask you, in your official capacity as the head of the lifeguard program.

1) What laws, ordinances, and/or regulations cover photography on Brevard County beaches? (It is my understanding that, the beaches being a (very) public place, there is no reasonable expectation of privacy, and photography is a considered a constitutionally protected activity)

2) What is the legal jurisdiction of the lifeguards? The park, boardwalk and/or the beach in the designated "lifeguard zone"?

3) What are their non-lifesaving duties/powers? (Can someone indeed be told to "Beat it" for doing nothing improper?)

I ask these questions because I genuinely believe I was doing nothing improper or illegal, and I'd like to know the lay of the land to prevent this sort of thing from happening in the future.

Thank you for your time,

• Solomon