In spite of it, the MTA will be out there enforcing the ban if it should go into effect. Just take a photo near a subway or railroad station (mind you the photo ban hasn't officially gone into effect on the subways and no ban exists for the railroads) and there is an excellent chance that before you leave the area an MTA police car or cars will be swooping down on you. Got to make a collar of a trainfan. Don't know what they're going to charge you with, but they'll come up with something. Don't know if NYCPD is doing the same on the subways.