Of Photos, Protests, Partnerships, and Public Places
Public-private partnerships have become increasingly popular methods of financing infrastructure and redevelopment projects. The structure of such partnerships is simple: the government supplies the land and a private company builds and maintains a highway or development that benefits the public. Not too far from College Park, the Commonwealth of Virginia has struck deals with private companies to build and maintain highways in exchange for toll revenue (e.g. the Greenway, I-81). Montgomery County has partnered with private developers to create large projects to revitalize downtown Silver Spring (Ellsworth Drive) and downtown Rockville (Rockville Town Square). Here in College Park, the East Campus redevelopment project is a public-private partnership between the University and the Foulger-Pratt development company.
Public-private partnerships are good vehicles for providing public goods with little or no expense to the taxpayer. These hybrid partnerships become controversial, however, when private interests conflict with public interests. One such controversy erupted in downtown Silver Spring this summer. The project, developed as a public-private partnership between Montgomery County and the Peterson Companies, is centered on Ellsworth Drive, a street that now serves as a pedestrian mall in downtown Silver Spring. Guards of the developer allegedly stopped a resident from taking photographs on the street. The developer’s assertion that it had the right to limit photography on the street provoked the ire of local photographers, who asserted that Ellsworth Drive is a public place where photography cannot be prohibited outright. This is an especially relevant contention since Foulger-Pratt, the developer chosen for East Campus, is part of the development team that tried to limit photography on Ellsworth Drive.
With symbolic timing, dozens of photographers gathered on Ellsworth on July 4th to assert their right to photograph in a public place. Cleverly, the developer moved quickly to diffuse the situation by holding a photo contest the same day. The Montgomery County Attorney eventually determined that the provisions of the public-private partnership classified the streets and plazas as “Public Use Space,” (Sec. 59-A-2.1, Zoning Ord.) rendering the controversy moot. In a public place, photography, leafleting and demonstrations are a public right (even if permitting procedures are required). The controversy ended quickly as the terms of the partnership clearly stated the public’s continuing claim to the space.
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Rethink College Park will have their own booth at the First Look Fair this Thursday, September 20, from 10 a.m. - 3 p.m. on McKeldin Mall at the University of Maryland campus. Come meet the contributors, learn more about what we do, and find out how you can get more involved. We will be located in the Community Service section of the fair. We look forward to seeing you there!





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