Photo of Elmhurst Kids Eating In Cold Upsets Residents

ELMHURST, IL — The temperatures were in the 20s Monday, the first day back for Elmhurst School District 205 students. It was not the most comfortable time to do anything outside, let alone sit down and have a snack.

On Monday afternoon, a photo was circulating on Facebook of seven Emerson Elementary School kindergarteners sitting on blankets on the sidewalk eating snacks. A teacher was standing near them.

The photo was posted on the "Reopen D205" page for a time, but was taken down. While it was up, it drew many comments, with many criticizing the school for having kids eat their snacks on the ground outside.

Elmhurst Patch asked district spokeswoman Beverly Redmond about the photo.

"The students pictured are sitting on beach towels, supplied from home, not flat on the ground or in the snow," Redmond said. "Snack time is a portion of recess. Students also play during this time."

Half of students are attending school at a time because of pandemic-related social distancing regulations. And the schools are not holding traditional lunches with students packed in cafeterias.

"Should parents not want their child to participate in recess during this season, we welcome them to contact their principal to discuss alternate plans," Redmond said.

In response to the photo's publication, a school employee was said to have told parents that people are not allowed to take photos of students without consent and that legal action could be taken as a result.

Redmond did not answer Patch's inquiry about whether an employee had suggested legal action could be taken. But she commented on the photo in question.

"The students pictured in the image shared with you were photographed without their knowledge or parent consent for this purpose," she said. "This photo was published on social media and now is being shared. As a courtesy to our students and parents, we ask that the photo not be used."

The photo was taken at a distance, so even when it is blown up, the identities of the heavily covered students could not be made out. Those who know the faculty may be able to identify the teacher.

The photo appeared to be taken from a moving car on West Avenue, which is where the school is.

Patch checked a number of websites about the legal ability of photographers to take photos. It is generally understood that people can take pictures from streets, which is what Google does all over the world with its Street View feature.

While schools can regulate the taking of pictures on school grounds, they cannot stop people from doing so from the street.

According to a story earlier this year on Lawyers.com, photographers have wide latitude to take photos.

"Basically, with a few exceptions, it is actually perfectly legal for strangers to photograph or videotape your child, and they are free to post or publish the images as well," intellectual property attorney Brian Farkas said in the story. "Contrary to what many parents believe, they do not need to give their consent or sign a release."

Elmhurst Patch did not run the photo because it was unable to get permission from the photographer, who holds the copyright.