From the Rose Law Group Reporter Growlery
By Phil Riske | Senior Reporter/Writer
The first job I had in journalism was as a photographer for a small shopper newspaper in Wyoming, my home state. An article in today’s Wall Street Journal, “Wyoming Trespass Laws Under Fire by Environmentalists, Photographers,” naturally caught my eye. Here’s a summary:
“For years, some conservation groups in Wyoming have sought to keep an eye on water quality and other environmental concerns in the vast, rural state by collecting data and submitting findings to government officials.
“But two new state laws make it a crime to gather research data on any land outside the boundaries of a town, city or subdivision without permission from the landowner—a description so broad that critics said it could make photographing some of Wyoming’s storied vistas a form of trespassing, if the photos were ever shared with a government agency.
“Supporters of the laws, passed last year by Wyoming legislators and signed by Republican Gov. Matt Mead, said they are intended solely to keep people from trespassing on private property to collect data, which they said has been a growing problem for ranchers and farmers.
“But environmental groups are seeking to overturn the statutes in federal court, saying their true intent is to keep people from exposing pollution.
Don’t be surprised I side with photographers and enviros, but I wanted to get the opinion of a life-long Wyoming friend, who is a retired attorney. Here’s what he wrote:
“The right to own private property is one of the most fundamental and important rights. It goes back to the Magna Carta and is responsible for the creation of capitalism. I believe this right has to be vigorously enforced. Clearly the owner of land has the right to keep people off without permission. I think this decision is correct. The claim that it will stop people from taking photos is just a liberal red herring and has no relation to reality.”
I respectfully disagree with my friend’s assertion the photo taking angle is a leftist red herring. Wyoming’s beauty as reflected by its private and public lands is probably one of the most photographed areas in the world.
So maybe, just maybe, the situation is just as much matters of scientific research and the First Amendment as it is private property rights.
