Thanks Clem and EngineerBob for your balanced viewpoint on this sensitive issue. A couple of points need to be reinforced here.
First, some here keep talking about the railroad being public property. I thought this too, until some employees on another board explained that station platforms, etc. are
railroad property, which apparently is not
public property. And the railroad can I guess, call the shots on its own property. I'm not a lawyer, but that's my understanding anyway. In New Jersey the attorney general clarified the matter in that state, saying that NJ Transit could not prohibit people from taking train photos from
public streets next to, but off railroad property. It's important to understand the difference.
Second, as others said above, many times when the MTA Police question someone, it's because their dispatcher sent them to check out a report of a suspicious person. The officer has to carry out the assignment given to him (or her); that's their job. They may even think that it's B/S, and might understand railfans, but they have to do what they are told by their bosses. Maybe the reason they didn't question the fan at KO was because they didn't receive a complaint about him, and they understood what he was doing.
I recently took a few photos myself while walking through Mineola Station on my break from work, and wasn't bothered by anyone. I use a simple pocket camera. And I snapped pictures of trains
leaving the station, so the crew doesn't really notice me. And then I keep walking and leave the area. So if anyone called me in, I'm gone from the platform area long before the police arrive. If I saw any police hanging around, like they sometimes do, I would just wait 'til another day, so as not to attract attention. You gotta use discretion and good judgement.