Tuesday, June 16, 2009

Photography on IOP Beach is Illegal

Since Isle of Palms and Sullivan's Island have passed ordinances making it illegal to have professional photographs taken on their beaches, we've had to find alternative locations for our vacationing clients. I know...it's hard to believe that ANY town would put a ban on creating beautiful family photos that show the bonds of love, and preserve such special times in a family's history. But that's EXACTLY what they're doing. Here's a link: http://www.iop.net/FAQs.aspx.

Many of these families are made up of multiple generations, all coming from different areas of the country, who rarely see each other all together like this. And when an older matriarch or patriarch is involved, who knows when the NEXT time will happen that they'll all be together again?!? So a portrait to commemorate the occasion holds a great deal of weight.

Fortunately for the Henley family, the beach house they rented sat on a beautiful property with lots of nice landscaping. So we were able to photograph their session without them leaving. Here's a fun one of all the grand kids goofing off. ;-) Still, they didn't get any images on the beach...kind of the whole idea behind renting a beach house! Other families are forced to make the choice to drive all the way to Folly Beach...the nearest town without such a ban on it's beaches.

23 comments:

Matt Daniel said...

I know...I feel bad for those who have gone to great lengths to plan a trip only to find out that their beach retreat can't be captured actually 'on the beach'! It's a little crazy that they'd ban photos, especially since it's *free* advertising for those beaches. Too bad...

MD

Anonymous said...

...and I feel your pain, as I am affected by it as well.
- Jimmy

Anonymous said...

are you serious????? that is insane

Anonymous said...

YGTBKM! What the heck! I can't believe it. So does this mean we all go to jail?

Anonymous said...

What does PPA have to say about this? What is the logic? Do they want license fees?

Anonymous said...

It's not just photography that is banned, Chris, it's all businesses. I hate to admit it, but this legislation (and it is far from new legislation) has sound reasoning behind it.

Anonymous said...

What does PPA have to say about this? What is the logic? Do they want license fees?

Chris said...

I personally confirmed by phone with representatives from both IOP and Sullivan's Island about this. If you have a business license with them (which you should if you shoot anything there), the fine is $1,100 for shooting on the beach! If you do NOT have a license with them, I believe it's double that!!!

Anonymous said...

woah! well how will they know if you are shooting, or if you're a professional.
- Amy

Anonymous said...

If you are conducting business on the beach...in your case shooting pictures, in my case, playing bagpipes...the fine is $1087. If you are doing so without further benefit of an Isle of Palms business license, there is a second fine for $1087.

Amy, you will receive a ticket and a mandatory court date if you are found in violation of the law. If ... Read Moreyou choose to perjur yourself as to your professional status after swearing that oath to tell the "truth, the whole truth, and nothing but the truth, so help you God," that is on you.
- Jimmy

Chris said...

Jimmy, I appreciate your incites, especially with your official position. I realize the ordinances are not new (just newly enforced as I know of a few photogs who have had recent "concerns" that brought the ordinance to my attention), and I know they are written for all businesses. I totally understand the town doesn't want to turn IOP into ... Read Moreanother Myrtle Beach with vendors cluttering up the beach, litering the place with flyers, and soliciting business from folks who just want to relax on their vacation. But photographers are only there by the request of the patrons, do not conduct the actual "business transactions" on the beach, and leave nothing but footprints behind after a short time in a secluded spot where they aren't bothering anyone or obstructing anyone's view. I'm not necessarily opposed to the ban myself since Folly is closer to me by 5-minutes, and provides in my opinion, a much more photogenic location. Can you share your thoughts and understanding of the situation?

Anonymous said...

That's a big shame. If its public land the ordinances might be illegal anyway. But I am no expert in U.S law. Might be worth having it looked into.

Anonymous said...

Individuals, in some circumstances, have been lodged at the Charleston County Detention Center for these violations.
- Jimmy

Anonymous said...

"doesn't want to turn IOP into another Myrtle Beach with vendors cluttering up the beach, litering the place with flyers, and soliciting business from folks who just want to relax on their vacation."

That sums it up.

"do not conduct the actual "business transactions" on the beach"... Read More

The Isle of Palms Livability Court judge, who is also the City of Charleston Livability Court judge, has ruled that there is no difference. If you take the money in North Charleston, and take the pictures on Isle of Palms, it is the same.

- Jimmy

Anonymous said...

...and I why I get the feeling that I am going to regret posting this. Of course, I am simply providing simple information.

I would contact SGT Jamey Meekins, Isle of Palms Livability Officer, at 886-6522, for more information.

Chris said...

Hey Jimmy! No regrets, man! This is NOT a "photographers against Jimmy" post. :-) I absolutely LOVE showing up at weddings and seeing you there. You always do an AMAZING job with thos pipes, never complain about the heat, the tiny closets they stash you in, or how scratchy the kilt is! ;-)

And I TOTALLY would agree that everyone, ... Read Morephotographer or not, should obey the law. Unfortunately, as you can tell, not many people even KNOW that it's illegal. I mean most laws..."don't kill your neighbor"...uh pretty obvious that should be illegal. Others, not so obvious. So unless we share our knowldedge of such laws, how are folks to know. So I appreciate you filling us in man!

Chris said...

Dave, your comment brings up a GREAT question! I have a friend who works for DNR that I'll try to ask about this. I think they have something called "Oceanic Law" or something that might apply. But if memory serves correctly, it only applies up to the high-tide mark. Most family portraits are taken on the sand above that of course. I don't know. Anyone else have thoughts on that? Is the ocean (and it's beaches) technically public property?

Anonymous said...

Hello Chris! I am no authority on law, but that sounds like an insane law!! In 2008, Sullivans Island discussed (passed?) making a law that required people, before leaving the beach, to flatten/fill any sand castle & holes built on their beaches.

I would contact DHEC Office of Ocean and Coastal Resource Management at (803) 898-3432. Ask them about laws making beaches public places. Is it illegal to have a family reunion on the beach? Is it illegal for that family to bring food prepared by a caterer?

Anonymous said...

The interesting thing is that the law will eventually end up costing the city dearly. Even though we are no longer in SC, our site still comes up extremely well for searches having to do with beach photos, IOP, charleston, etc.

Each time a bride, family or any other person contacts me about photography there, I tell them about the law on IOP and Sullivan's.

Since there are more photographers than real estate agents right now, our best offense against a law like this is to help our clients vote with their dollars. Perhaps as we refuse to shoot there, (Rod), and brides cannot find anyone to record their day, our clients will choose to vacation elsewhere. Take away the tax base, make the homeowners on IOP unhappy, and hope that city council decides that photography is not a nuisance, a hot dog stand, or otherwise. ... Read More
- Bill

Chris said...

Folks, when I've told families on IOP about this ordinance, some have actually asked "what if we just pretend you're a family friend?". I politely decline such offers and do not recommend such a practice. We need to be leaders and ambassadores for our craft. We should exemplify excellence not only in our photography but also in our ethics & conduct.

Anonymous said...

It is my belief that if a photographer (with a bit of cash) were ticketed, then they could fight it and win. Thus, this would reverse the ordinance.

But, until someone gets their day in court, the ordinance will stand.

Bill

Anonymous said...

Thank you so much for your email -it's obsurd about the ordinance. Trust that I called two city council people when I learned this.

Anonymous said...

Thanks for posting this guys, and we have run into this issue for brides wanting to get married on the beach there as well.

Below is the Ordinance # and wording taken from the IOP city website for your reference:
Sec. 7-3-20. Commercial activities restricted.
No person shall sell or rent, or offer to sell or rent, any goods, merchandise, or services, or solicit any trade or business, on the beach, beach accesses, public parking lots, or the Breach Inlet Bridge, except pursuant to a franchise granted by City Council, or pursuant to a City-sponsored activity or event.
(Code 1994, § 7-3-20; Ord. No. 1988-20, 9-14-1988; Ord. No. 2002-14, § 1, 10-22-2002)