Legal Question in Constitutional Law in California

I volunteered at my son's public school in southern California and at recess time took some photos of him. I then got an email from the principal telling me one of the teachers saw me, and that I can't photograph other children at the school. She later explained this is because the school policy permits parents to refuse the school from taking pictures of their children (because the school says that if the parents don't decline, it's policy is to use such photos in public brochures and websites related to the school). There's nothing in that opt out agreement or policy that bars other parents from taking photos. My purpose in taking pictures of my son and any of his friends or other children there is personal use in our photo album.

My thought is that any opt out or non-consent to taking pictures by a parent is binding only on the district/school, but not on other parents, since I found no other policy prohibiting picture taking and no policy at all prohibiting parents from taking pictures. Nor did I find any California law governing the matter. My questions are two: 1) Do you believe the principal can ban me from photographing my son and his friends at school based on their existing policy? 2) If not, could they institute a policy that would forbid parents from taking personal use photos of their child with other children at the school? If they did, would it be legal?

If you have any resources (legal literature or otherwise) that would guide me on this as well, that would be great.

Thank you


Asked on 9/14/15, 11:13 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The policy you describe probably wouldn't apply to you when you're on your own time. But when you're doing your volunteer work, you are an agent of the school much like the teachers and staff members. That likely means you must abide by the same rules that govern them. Perhaps I would see things differently if I had more information.

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Answered on 9/15/15, 12:42 pm


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