It ain’t just the Sharks and Jets rumbling over New York City streets.
A Big Apple photographer has sued Steven Spielberg because the director wouldn’t let him snap photos of the “West Side Story” adaptation he’s filming around the city.
Independent journalist JB Nicholas claims in his Manhattan Supreme Court lawsuit that his First Amendment rights were violated because the film is being shot in public streets.
The 49-year-old’s suit says that on security guards told him to leave the filming area on July 23 and then used umbrellas to block his line of sight when he refused to move. That same day, guards shook a ladder another photog was standing on while trying to take pictures, the suit claims.
Security guards repeatedly told him he couldn’t shoot while he was standing on public sidewalks, according to court papers.
When he complained to the Mayor’s office and Spielberg’s production company, Amblin Entertainment, about their use of allegedly illegal privacy screens to block the public’s view, the company relented and switched to using metal waist high barricades instead.
Nicholas — who is repping himself in the case — asked a judge to issue a temporary restraining order barring Amblin from putting up privacy screens, from ordering anyone not to photograph and from interfering with anyone trying to take pictures.
Amblin’s lawyers argued that his rights were never infringed upon, because their attempts to block him were fruitless.
“He [Nicholas] was inside the screens and he was shooting photographs literally just feet away from the actors that were singing Maria,” said lawyer Elizabeth McNamara on Wednesday, adding Nicholas sold “beautiful” photos from those shoots.
“I don’t think there is any evidence in this record that he has actually been interfered with,” she continued.
Nicholas fired back, “I was told that I could not be there. We are not allowed to take pictures here. I have video which shows the interaction.”
Manhattan Supreme Court Justice Joan Madden took the parties into her chambers to help broker a compromise.
A photo taken on the set of Steven Spielberg’s ‘West Side Story’ last month.
JB NICHOLAS / SplashNews.com
Photographer JB Nicholas.
Steven Hirsch
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Another photo from the set of Steven Spielberg’s ‘West Side Story’ remake.
JB NICHOLAS / SplashNews.com
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On Wednesday, Amblin agreed in a written stipulation that it wouldn’t interfere with Nicholas’ attempts to photograph three future film days, and said a liaison would be appointed to help them resolve conflicts if they arise on site in the future. Amblin also agreed to pay Nicholas $400 for the cost of filing the lawsuit, according to the court papers.
Nicholas still has an open case against the city alleging the Mayor’s office has been wrongfully approving film project permits without required legislative approval.
“The people of New York have the right to photograph whatever happens on their streets,” Nicholas told The Post. “With Judge Madden’s help we were able to reach an agreement that vindicates the right to photograph on the street.”
Nicholas worked for The Post in the past.
“West Side Story” is set to be released by Walt Disney Studios Motion Pictures and screen in theaters nationwide Dec. 18, 2020.