The insurance requirement might be waived if the applicant “is able to demonstrate that such insurance cannot be obtained without imposing an unreasonable hardship on the applicant,” according to the original draft.

The permit requirement does not apply to press photographers who are credentialed by the New York Police Department and student filmmakers who are covered by their school's insurance. Additionally, the filming or photographing of a parade, rally, protest, or demonstration is exempt “except when using vehicles or equipment other than a handheld device or single tripod.”

In various press announcements, MOFTB has explained that it has issued permits for over 40 years, and it is now “codifying existing procedures” as part of a settlement from a lawsuit brought by the New York Civil Liberties Union (NYCLU).

According to the NYCLU, the lawsuit involved the detention of Rakesh Sharma, an Indian documentary filmmaker, in May 2005. Mr. Sharma was detained for several hours by the NYPD for filming on a city sidewalk in Manhattan with a handheld video camera.

The NYCLU statement said, “During his detention Sharma was told he had to have a film permit, but when he subsequently applied to the [MOFTB] for a permit to film with a handheld camera, his application was denied,” the statement continued.

The NYCLU sued the city on Mr. Sharma's behalf, and the city settled. As part of the settlement, the city agreed to create written rules for issuing permits to photographers and filmmakers. Until the settlement, NYCLU said, no written rules existed.

However, the NYCLU and others opposed aspects of the MOFTB's proposed rules, and after hearing concerns from the public this summer, the MOFTB has decided to re-draft the rules.

The NYCLU acknowledged that the rules “are a considerable improvement over the prior scheme because they generally exempt from the permit requirement those using hand-held cameras, exempt photography or filming at protests and demonstrations, and eliminate onerous insurance requirements.”

But the organization opposed the permit requirement for two people at a single site for more than 30 minutes. The NYCLU contended that the requirement “would sweep into the MOFTB permit scheme large numbers of people, particularly tourists, who congregate in public places throughout New York City–like Times Square, Rockefeller Center, or Ground Zero–and casually photograph or videotape.”

NYCLU executive director Donna Lieberman said, “This requirement makes no sense, violates the First Amendment right to photograph in public places, and opens the door to selective and discriminatory enforcement. We see absolutely no reason why a family visiting Ground Zero or standing in line outside the Empire State Building for half an hour should be required to obtain a permit from New York City to snap casual photographs or to use a camcorder.”

The NYCLU also opposed the permit requirement for a group of five or more people at one site for 10 minutes or more.

Originally, the comment period on the proposed rules ended on June 26, but following a request by the NYCLU, the period was extended to Aug. 3. The MOFTB said through a spokesperson that it is still in the process of re-drafting the rules, and following the release of the new rules, another comment period will be opened.