Although I don't support the idea of this being a constitutional matter - it is a matter of business. Picture New York has to be commended for the outstanding job of making it known that this legislation is flawed and needs to be readdressed.
The proposed rules would require photographers and videographers
shooting or scouting locations on New York City property (which
includes the streets and parks that make up most of the city's public
space) to obtain a permit specifying dates, times, and location. This
restriction would apply to any party including two or more people in a
single site for 30 or more minutes, and any party of five or more with
a tripod at a site for 10 or more minutes. The time limit includes all
set-up and breakdown activity, and a single site is defined as "any
area within 100 feet of where an activity commenced."
It is notable that while comments on the MOFTB Web site refer to the
relevant parties as "crew," the text of the formal proposal describes
them as anyone engaging in "conduct involving a communication ...
whether verbal or otherwise." That would seem to include photographic
subjects, making outdoor portrait and group photography sessions
subject to the rules. Photographers who hold NYPD-issued press passes
are exempt from the permit requirement.
Accepting a permit under the new rules would require the holder to
agree to "protect all persons and property from damage, loss or injury
... and to indemnify and hold harmless the City" in case of any
problems attributed to the permit holder. The permit application also
requires proof of liability insurance with a limit of at least one
million dollars per occurrence, although applicants are invited to make
a case for a waiver.