I posted this photograph on Bluesky a couple of days ago. I almost didn’t take it.
I was noodling around the edges of a demonstration and saw this guy, overcome with emotion (and maybe the heat), turn away and sit down. He was a big guy, bald, looked strong; not gym-strong, but work-strong. The anguish on his face was hard to look at but strangely beautiful. It was probably a moment he’d rather not have in public…but he did.

Okay, let me just get this out of the way: in the US you have no right to privacy when you’re in a public space. That’s the law. If you’re in public, other people have the right to take your photograph. The question is never whether it’s legal to take another person’s photo; the question is always whether it’s ethical or appropriate. Those are individual decisions and only the photographer gets to make them.
I wanted to take that guy’s photo. But I didn’t. It seemed too private, too personal. Then he put his hand up and covered his face. The depth of his emotion was still clear from his body language, but by covering his face the image became less about him as a person and more about the emotion itself. So I took one shot and moved on.
I don’t shoot a lot of photographs of people. When I do, it’s most often during a public event. A farmer’s market, a street fair, a protest march, a sporting event, that sort of thing. Sometimes I’ll shoot people in more generic public venues–at a fruit stand, in a pub, on a bicycle ride. I may or may not ask permission to take their photo; it depends on the situation and the moment. I’m very open about carrying my camera in circumstances like this; I’m not trying to conceal what I’m doing, but at the same time I don’t try to draw attention to myself.

Occasionally I’ll see somebody who, for one reason or another, interests me and I’ll stop them and ask if I can take their photo. Occasionally, they’ll say no; sometimes because they’re in a hurry, sometimes because they’re shy, sometimes for reasons they don’t articulate. If they say no, I just thank them and go on my way.
But most people say yes. Like this guy, John, who was waiting for a bus. Most people are friendly. They may ask, “Why do you want to take my picture?” and if they do, I tell them. I told John I liked his mustache and his hat. I don’t always ask their name, but I always thank them and show them the photo. Nobody has ever asked me to delete their photo.

I DO NOT take photos of marginalized people in states of distress. I confess, I’m occasionally tempted to shoot those sorts of photos. Suffering is part of the human condition, after all, and I think if it’s done with compassion, such photos can have merit. But they can also just be cheap exploitation. And frankly, the viewer can’t know the photographer’s purpose by looking at the photo. The photo is what it is.
Having just said that I don’t take photos of folks experiencing hardship, I’m now going to admit I actually DID take one a couple of weeks ago. I was walking down a city street and came across a man who was stumbling along, leaning against a containment wall of a landscaped office building. As I got closer it became clear he was extremely intoxicated. I asked him if he was okay. He kind of wobbled his head; I couldn’t tell if he was shaking his head ‘no’ or if he was nodding. He said, “I just need to lay down for a bit, I just need to rest, to sleep.” He said that two or three times.
And he did just that. He climbed up on the containment wall, laid his head on his arm, and closed his eyes. I don’t know if he went to sleep or if he just passed out. I stood there for a very long moment, uncomfortable about leaving him and equally uncomfortable about staying with him. The look of misery and exhaustion never left his face. But there was something almost delicate about his relaxed hands.
I very much wanted to photograph him. And I was ashamed of wanting that. In the end, after a minute or so, I took the photo and left. Was it an ethical violation of his privacy in moment of vulnerability? Yes, without a doubt. But I did it anyway.
It’s a good photograph. Not a great one, but good. t’s an honest one. I like it and I hate it. I haven’t shown it to anybody. I discussed the entire incident with my partner and told her about the photo; she was rightly troubled by my behavior. So am I.
But I can’t entirely regret it.

















