The "Dare I Take That Photo?" Story

It was an ordinary day.  And on many ordinary days I'm out taking photos.  Photos of just about anything and anybody.  Photos for sale, photos for my blog and photos for personal use.  But, the more I read about current laws, the more I am concerned that when I push the shutter release I may be infringing on some one's rights.  As a rule I almost always ask someone if they would mind if I take their photo.  I have been turned down very few times.  To me it's only common courtesy to ask first.  The Amish culture tell me that if I ask them if I can take a photo they must say no, but if I am discrete I can take it without asking.  Tough at times to make the correct call.  Right now I am on a Caribbean island that shares dual nationalities; being half Dutch and half French.  Sint Maarten is the Dutch side of the island while St. Martin is the French side of the island.  And, as far as I can figure, each side gives different rights to their citizens as far as having their photo taken while in public.  In France, "Everyone has the right to respect for his private life," states Article 9 of France's civil code.  But, it seems that the law is open to a judge's interpretation, because legislators have refused to define the concept of privacy in clear terms.  Since St. Martin is a French territory, the laws of France apply which means Article 9 is in effect as I roam the streets of the capital city Marigot or walk the world famous beaches with my camera.  And, as in France, the beaches are very liberal as to how and what to wear while bathing.  On Orient Beach, many times considered one of the best beaches in the world, topless bathing is the norm, yet I enjoy taking photos on the beach for both recreation as well as to document my vacation.  Now I should tell you that in the United States we do not have photography laws as does France, but at times photographers have been arrested for disorderly conduct for snapping a particular photo. On Orient Beach it is next to impossible to tell who may be a French citizen or who may be another nationality such as American.  I do make sure, as best I can, that I do not include topless women in any photos I take to make sure I do not violate any one's rights or morals.  On the far south end of Orient Beach is the au natural resort called Club O.  As you approach this beach there is a very large sign telling you that you are entering the resort. On the sign they show the universal sign for no  

Click to enlarge

photography.  In years past they even displayed a placard with confiscated cameras which had a nail driven through them.  There are security people who patrol this section of the beach to make sure no photos are taken.  I do believe that people who frequent this beach do have the right not to have their photo taken and displayed all over the globe, but all beaches on the island are public, therefore, being a photographer, I believe I also have rights.  Recently Aurelie Filippetti, minister of culture, argued that it it was unacceptable to prevent professional photographers from sharing their vision of the world with future generations.  What would history be without photos to observe?  Would you dare to take that photo?  It was another extraordinary day in the life of an ordinary guy.