I dream of rain

A letter to the head of the local lifeguard program

Date: Sat, 16 May 2009 19:00:27 -0400
From: Solomon Peachy 
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 dissappointment;
dissappointment at the churlish, confrontational approach of the first
lifguard, and appreciative of the eminently reasonable, polite and
concilatory 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 jurisdicion 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