Now that Wisconsin is protected from the expansion of high school senior Lock Out contracts, it is time for each individual photographer to take the necessary steps to safeguard their own market area and insure compliance by their local high schools to the new law. The following are suggested steps to follow and be enacted.
There is a letter and a program in place to address the issue of non-compliance.
1. If you have a school with an expired Lock Out contract, you should send a personal letter, on your studio's letterhead, to the school yearbook advisor informing him/her about the new law and expressing the studios willingness to work with the school to ensure a smooth transition from their previous Lock Out policy to the new open policy. (Sample letter is available on the PPALOC web site at www.carrollstudios.com/ppaloc.)
2. In addition, you may want to include information about this new law, in the first mailing to your students. The law does not ban contracts, only Lock Outs. So, contract photographers still have a marketing advantage by being in the seniors face all year long. Since the students know that former classes were forced to go to the contract photographer, they may mistakenly think that they still have to do so. Neither, the school nor the contract studio, will advertise the fact that the seniors may select the photographer of their own choice to make their yearbook portrait. It falls to you to educate your buying public to be sure they realize their newfound freedom.
While the new law bans the growth of Lock Out contracts in Wisconsin, existing contracts are grandfathered until they expire. So, if you have a school in your area with a Lock Out contract still in force, you should send a personal letter, on your studio's letterhead, to the school Principal and the President of the School Board, informing them about the new law and suggesting that the school might consider allowing their seniors to submit photographs from a photographer of their own choosing NOW, rather than waiting until they are forced to do so by law. Assure the school that your studio is willing to work with the school to ensure a smooth transition from their Lock Out policy to the new open policy. (Sample letter is available on the PPALOC web site at www.carrollstudios.com/ppaloc.)
If the school is not receptive to your idea, you may want to include information about this new law in the first mailing to your students. Let the students and their families know that a new law has been passed which restores the rights of high school seniors but their school won't recognize it until their current contract expires and they are forced by law to do so. Suggest that they might want to call their school administrators and request that they open their school NOW before the contract, which restricts their rights, officially ends. BE PREPARED to fight fire with fire. There is strength in numbers and if you can motivate the parents of your locked out seniors, what principal would want to stand up to them, especially since future seniors will have this freedom.
If, on the other hand the school agrees to accept your yearbook photographs, you will be the one responsible for letting your clients know about it. Neither the school nor the contract studio will advertise the fact that the seniors may select the photographer of their own choice to make their yearbook portrait. It falls to you to educate your buying public to be sure they realize their newfound freedom. Since the students know that former classes were forced to go to the contract photographer, they may think that they still have to do so.
3. Lastly, any photographer that continues to have a problem, in their marketing area, with a school's compliance, should write a letter to the Department of Public Instruction informing them of the school's unwillingness to comply with the new law. Of course, carbon copy the School's Principal, the President of the School Board, the Wisconsin Association of School Boards, the Wisconsin Attorney General's office, and PPALOC, so that appropriate action may be instituted. Non-compliance by school administrators and school boards is a felony offense in Wisconsin.
By working together as a group, we can all benefit from this new law and prevent any return to the lock out policies of the past.
2/27/04: Wisconsin's Fab Four (Rose & Alan Goodstone, Gilbert Frenn and Clifford R. Carroll) representing Professional Photographers Against Lock Out Contracts (PPALOC), are pleased to report that today, February 27, 2004 at approximately 1:00PM, Wisconsin's Governor Jim Doyle officially signed AB202 (The Lock Out Bill -- prohibiting schools from entering into contracts barring students from submitting yearbook photographs from a photographer other than the school's lock out photographer) into law. The final victory has been achieved!!!
"Today's landmark action by Governor Doyle will protect the rights of high school seniors and safeguard the future of Wisconisn's senior portrait photographers", stated Carroll, Executive Director of PPALOC. "This law marks the single most important effort ever attempted by a small group of photographers in this state and we are confident that results will provide a better market for consumers while allowing all photographers to compete on a level playing field."
When asked why they undertook this campaign, Rose and Alan Goodstone, PPALOC President and Regional Director, stated, "When Alan and I originally asked Representative Jeff Stone to introduce our bill, he worked with us and his legal counsel to draft AB202. Our working together was instrumental in passage. Thanks to Representative Stone and Senator Lazich, Wisconsin photographers can compete fairly, and students will regain their Freedom of Choice."
Gilbert Frenn, PPALOC Chairman, added, "More and more families have been complaining about being forced to use a photographer they did not like, just because the school told them they had to. By signing this bill into law, Governor Doyle has listened to the needs of Wisconsin families and returned their rights to all future seniors."
This bill will be published in about one week as a 2003-04 Act of the Legislature. Additional information about what you should do when contacting your schools will be forthcoming in the very near future. For more information and updates you may also check on the Web at http://www.carrollstudios.com/ppaloc.
1/20/04: It was announced that the New Jersey Legislature has passed a bill closely paralleling Wisconsin's Assembly Bill 202 and the state's Governor has today, signed it into law.
New Jersey has become yet another state, in this nationwide effort, to return the Freedom of Choice to the families of high school senior students, allowing them the right to select the photographer of their choosing to make their yearbook photograph and guaranteeing that it will be accepted into their school yearbook. Schools in New Jersey may no longer establish contracts, which "lock out" students from submitting a photograph for their own yearbook made by a photographer other than the school's photographer contract photographer.
With today's announcement, the Directors of PPALOC (Professional Photographers Against Lock Out Contracts) report a large increase in requests, from California to Florida to New York and across the country, for more information on how efforts such as those initiated in Wisconsin, New Jersey, Michigan and other states may be started in their area.
Wisconsin's bill (AB202) has unanimously passed every committee and the full Assembly on its way to becoming law. It is currently being reviewed for submission to the full Senate for a final vote. The members of PPALOC, on behalf of Wisconsin families of high school senior students, requests and encourages the leaders of the Senate to bring this bill to a vote and send it on to our Governor for ratification now. It is the right thing to do and it is the right time to do it. Let's join our fellow states that have taken the high road and returned the right of Free Choice to their constituents.
11/15/03: Wisconsin's Fab Four (Rose & Al Goodstone, Gil Frenn and Clifford R. Carroll) representing Professional Photographers Against Lock Out Contracts (PPALOC), have seen their nine months of tireless lobbying efforts pay off.
On November 13, at approximately 4:30PM, the Wisconsin State Assembly, in a Bi-partisan Unanimous vote, PASSED AB202 (The Lock Out Bill - prohibiting schools from entering into contracts baring students from submitting yearbook photographs from a photographer other than the school's lock out photographer) and has sent it on to the Senate for ratification. What a great victory!!!
"This has been the biggest step and the highest hurdle on our way to setting things right in Wisconsin for high school seniors and to protect the futures of photographers throughout the state", stated Carroll, Executive Director of PPALOC. "While this is still not law, we are confident that with the same kind of effort directed at the State Senate over the next few months, their version of the bill will also be successful."
The Board of Directors of PPALOC would like to thank all of you that have helped by calling, e-mailing or writing your Assembly Representatives. Every effort extended, worked toward today's successful result. In addition, we would like to acknowledge and thank for their financial support both the South Eastern Wisconsin PPA and the Wisconsin PPA.
To those that gave their moral support but did not get involved with calls or letters, we encourage you to do more in the second round. We will need everyone's help to see this through to completion in the Senate and the Governor's Office. The State Senators need to hear from YOU, their voting constituents. They listen to the people that put them in office and will support the bill if they know that is what YOU want them to do.
Legislators are influenced by their Constituents.
This will only take a few minutes of your time and your effort, even if you don't photograph high school seniors, will help ensure that there will be a senior market in years to come.
7/8/03: Wisconsin's Fab Four (Rose & Al Goodstone, Gil Frenn and Clifford R. Carroll) representing Professional Photographers Against Lock Out Contracts (PPALOC), have begun a lobbying effort to gain support of a majority of the Wisconsin Assembly for AB202 - The Lock Out Bill.
A number of Wisconsin photographers have also helped the effort by contacting their local Representatives and requesting that they support Assembly Bill 202 when it comes up for a vote. Their letter writing, and that of their customers, has resulted in the Representatives from the following areas stating that they will support the bill.
This proves your legislators will listen if you take the time to write them. All it takes is a few minutes of your time. This legislation is one of the most important things to come along in years to protect the small photographers future in the senior photography business. But unless each of you pitches in and helps get the bill passed, it will be much harder.
Your legislators NEED to hear from you and from your customers. Wisconsin Assembly Bill 202 is now in the Rules Committee for scheduling for an Assembly vote. You can help by having form letters available for your customers to sign while they are in your studio, asking their Representatives and Senators to support the bills when they come up for a vote. Then collect these letters and mail them off to your Representative daily. Or better yet, if you are on-line at your studio, while your client is there, logon to:
and have them fill out the on-line form. It will be emailed to their legislators for them.
If you would rather write your legislators directly, simply logon to:
and enter your address and zip code and you will be directed to your Representatives listing where you can email him/her directly with your request for support for AB202.
Legislators are influenced by their Constituents.
But don't wait! We know that everyone is busy with Seniors this time of year, but this will only take a few minutes of your time and your effort, even if you don't photograph high school seniors, will help ensure that there will be a senior market in years to come.
6/29/03: Wisconsin's Fab Four (Rose & Al Goodstone, Gil Frenn and Clifford R. Carroll) representing Professional Photographers Against Lock Out Contracts (PPALOC), have secured yet another major backer of legislation banning Lock Out Senior contracts. Senior Photographers International (SPI) has joined the growing list of associations that are willing to take a position against the proliferation of High School Senior Lock Out Contracts. SPI represents almost 1200 studios with over 5000 voting members specializing in senior portrait photography.
According to Terry Harris, CEO of SPI, "It is our organization's opinion that this type of contract (Lock Out) between photographer and school systems, which do not allow the senior any decision should not only be deemed illegal, they are also breeding grounds for corrupt behavior and payola. It must be stopped at all costs and our organization will back your efforts all the way."
In a letter to PPALOC President Rose Goodstone, SPI President, L.Sue Harris, stated, "The main purpose of our group is to help the hometown photographer keep their business in their hometowns. Too many times the students and their families, whose purse strings are affected and whose faces are being photographed for their yearbook, are left out of the decision process. Contracts are signed by school officials obligating these people to either go where they are told or be left out of their yearbook. In almost every case the student or the family doesn't even get a vote to decide."
Harris added, "In many cases these students have had a family photographer since they were born and now are told by the school that they have NO RIGHTS. In 2004, when discrimination is on everyone's minds, the schools sign illegal contracts discriminating against local businesses and taxpayers."
This movement to get legislation passed to end these restrictive contracts and protect the rights of students and independent photographers alike is quickly moving into a national effort.
As has been stated before, now is the time for all Wisconsin Photographers to join in the cause. Your legislators NEED to hear from you and from your customers. Wisconsin Assembly Bill 202 is now in the Rules Committee for scheduling for an Assembly vote. You can help by having form letters available for your customers to sign while they are in your studio, asking their Representatives and Senators to support the bills when they come up for a vote. Then collect these letters and mail them off to your Representative daily. Or better yet, if you are on-line at your studio, while your client is there, logon to:
and have them fill out the on-line form. It will be emailed to their legislators for them. Legislators are influenced by their Constituents.
But don't wait! We know that everyone is busy with Seniors this time of year, but this will only take a few minutes of your time and your effort, even if you don't photograph high school seniors, will help ensure that there will be a senior market in years to come.
6/26/03: Wisconsin's Fab Four (Rose & Al Goodstone, Gil Frenn and Clifford R. Carroll) representing Professional Photographers Against Lock Out Contracts (PPALOC), along with members of PEPGroup, Pro4Um and photograpers from New Jersey, this week started lobbying the Board of Directors of the Professional Photographers of America (PPA) to take a position on Lock Out Senior Contracts and the various legislative efforts started in states such as Wisconsin and New Jersey.
Because of the joint efforts of these individuals, PPA announced today that, "as a national organization representing 14,000 professional photographers, they support Assembly Bill 3557/Senate Bill 2567 in the New Jersey Legislature" which prohibits schools from entering into contracts restricting the rights of high school seniors to submit and have accepted a yearbook photograph from a photographer of their own choosing. These bills parallel Wisconsin's effort - Assembly Bill 202.
In a separate communication from PPA President Stephen Best to Carroll, Best stated "The PPA Board spent a lot of time on this because we believe it will be used as a position statement for further opinions from other states such as Wisconsin. We hope it helps."
This is a giant step forward for those groups attempting to get legislation passed to end these restrictive contracts and protect the rights of students and independant photographers alike.
Now is the time for all Wisconsin Photographers to join in the effort. Your legislators need to hear from you and from your customers. Wisconsin Assembly Bill 202 is out of committee and will hopefully come up for a vote in the Assembly shortly. You can help by having form letters available for your customers to sign while they are in your studio, asking their Representatives and Senators to support the bills when they come up for a vote. Then collect these letters and mail them off to your Representative daily. Or better yet, if you are on-line at your studio, while your client is there, logon to http://www.carrollstudios.com/ppaloc/ and have them fill out the on-line form. It will be emailed to their legislators for them. Legislators are influenced by their Constituents.
But don't wait! We know that everyone is busy with Seniors this time of year, but this will only take a few minutes of your time and it will help ensure that you will have seniors to photograph in years to come.
6/4/03: Wisconsin's Fab Four - Rose and Al Goodstone - Goodstone Photography, Franklin, Gil Frenn - Gilbert Frenn Photography, West Allis and Clifford R. Carroll - Carroll Studios of Photography, Wauwatosa and Milwaukee, the leaders of the effort to get legislation passed banning Lock Out contracts, were on the move again working for the rights of our state's professional photographers. Today in Madison at the State Capitol, the quartet gave testimony before the Assembly Small Business Committee as they considered Assembly Bill 202 which prohibits schools from restricting the rights of high school seniors to submit a yearbook photograph from the studio of their own choosing (AKA - the Lock Out Bill).
Testimony began with Rose Goodstone explaining the history of how Wisconsin has fought and eliminated Lock out contracts in the past and how our fellow photographers are currently being financially impacted by studios that engage in these types of agreements today. Members of the committee were surprised that schools would even consider entering into agreements such as these.
Al Goodstone followed next with an explanation of how schools and photographers can work together to provide required yearbook services without the need to restrict the rights of students by engaging in Lock Out contracts. Goodstone showed how he has had a "handshake" contract with his local high school for many years and still gains a majority of the senior portrait business without a Lock Out which restricts the Freedom of Choice of the students..
Next Frenn exposed the hypocrisy that exists in the Lock Out contract market. He explained how two schools, in the same district and under contract to the same photographer, each handle senior yearbook photographs differently. While New Berlin Eisenhower is an Open school, New Berlin West is a Lock Out school. Both schools are able to produce a quality yearbook. This clearly illustrated that the excuses offered by those supporting Lock Outs, attempting to justify the need for these restrictive measures, hold absolutely no water.
Finally, Carroll relayed to the committee the primary reason that AB202 should be passed - that Lock Outs are a gross infringement of the seniors Civil Rights restricting their Freedom of Choice. He explained how important a students "image" was to their self-esteem and why they should be allowed to capture that look with the photographer of their own choosing and not be forced to use a studio dictated by the school administrators. He further expanded on the fact that any school can secure the photographic services they need for a successful yearbook by simply asking their local photographer for help. Most any studio would be willing to work with the school without requiring of a Lock Out agreement.
Joining the Fab Four and rounding out the comments to the committee, was Gerry Milton. Milton represented the Wisconsin Professional Photographers Association Board and its over 500 members and explained that the association membership recently voted unanimously to support this bill.
The committee, in a bi-partisan decision voted 10-0 to support Assembly Bill 202 and send it on to the full Assembly for ratification.
Now is the time for all photographers to get involved. Your help is urgently needed to see this effort through to a successful completion. Your Representatives and Senators need to hear from you. You can send them a simple email message soliciting their support for AB202. Just log on to this URL - http://www.legis.state.wi.us/waml/ and enter your address and zip and you will be directed to your legislators. Then just email them your comments. But DO IT TODAY! Your future and the future of your colleagues is at stake.
Below is a posting from 4/25/03. Jim Buivid has since passed the WPPA Presidency onto Rick Trummer, and much has happened since then concerning the Lock Out situation. So maybe some specifics are no longer applicable, but the general information still is relevant, including the general letter and the e-maill addresses.
From Cliff Carroll to all WPPA members:
President Buivid has requested input from the membership concerning a dire threat to our livelihood - High School Senior Portrait Lock-out Contracts. He has asked that the members write (not call or email) your response. I am taking the liberty of enclosing a letter[*] that can be used and sent to Jim supporting SEWPPA's efforts and requesting that WPPA do the same.
Shortly, you will be receiving a full explanation, from SEWPPA, of the problems photographers are facing in southeast Wisconsin and how the rest of the state has been targeted for complete takeover. Your income and the future of your Senior Photography business is at stake. It is critically important that all WPPA members begin to work together to combat this threat to our businesses and do it NOW!!
This time of year is extremely busy for most of us and sometimes things such as this can get put on the back burner or forgotten about. With this in mind, feel free to simply print out a copy of this letter, sign it and send it on to President Jim. He needs to hear from you. He states that, "if I don't receive something from you...I will consider you have no interest in this matter". While this may not actually be the case, it is important that Jim and the Board of Directors does hear from all of its members on this issue.
The future of your business depends on immediate action on the part of WPPA, it's regional associations and it's members. If you support keeping Wisconsin schools open to all photographers, send this letter to our association officers and urge them to act now.
The sample letter follows this message and it is also attached as a PDF[*] and RTF document which can be opened by most computers. I have sent this email message to as many WPPA members as I have email addresses for. However, you can also help by forwarding this email to any WPPA member (not listed in the TO: address area) that you know, either by email or fax. At the same time, please forward any new email addresses to me so they can be added to our master list for future informational mailings. We want to keep everyone informed.
Please act on this immediately. Your survival and that of your fellow colleagues depends on it.
Thank you.
Clifford R. Carroll
Past President WPPA
Carroll Studios of Photography
6654 West Lisbon Avenue
Milwaukee, Wisconsin 53210
(414)445-2220
(414)445-3939 fax
http://www.carrollstudios.com
ccarroll@carrollstudios.com
PS. If you have any questions concerning what is happening in your state, feel free to give me a call or email me.
*If you've already received the e-mail from Cliff or Jim, then you have the attachments. If not, you can scroll downward to the text; you should be able to simply highlight the text with your cursor, copy it, and then paste it into your favorite word processor (that way, you could also put in on your own letterhead). If you like, you could also put it in your own words. Don't forget to include the date and your signature.
Currently, there are three Wisconsin State Representatives we are working with: Jeff Stone, Scott Jensen, and Jeffrey Plale. There are also sample letters to be sent to each of them. I'm not putting up PDF files for these letters because it will carry more weight if you copy and paste it into your studio letterhead. (It would even have more weight if you put it into your own words.) Again, don't forget to include the date and your signature. And please send a copy to WPPA President Jim Buivid.
While the WPPA President Jim Buivid needs letters rather than e-mails, an e-mail to the State Representatives should be acceptable. Don't forget to include as the subject: Pupil Senior Yearbook Pictures. And include your full contact information: e-mail, name, address and phone number.
Representative Jeff Stone
Representative Scott Jensen
Representative Jeffrey Plale
In addition to contacting the three Representatives that we've been working with, it wouldn't hurt to contact your own Representative. Go to Wisconsin State Legislature to find your local Representative.
Letter to State Representative Jeff Stone
Letter to State Representative Scott Jensen
Letter to State Representative Jeffrey Plale
Before you dismiss this as "sour grapes" or a "local" problem, please keep in mind that southeastern Wisconsin is merely the first area to be threatened; the marketing plan includes the entire state of Wisconsin, to be taken over within a few years. While it may not directly affect you right now, it will most definietly affect you within a few years if we don't take action now to prevent it.
And don't think that you're not affected if you don't currently photograph seniors -- you might want to expand your own business in the future -- and there's nothing to prevent other types of photography from falling victim to this type of takeover. Nothing to prevent it, unless we act now in all of our best interests.
And even if you don't photograph seniors, please help your fellow photographer.
Do it today. Do it right now. Many people have worked hard to make it easy for you to take action, and to do the right thing.
All images © copyrighted by, and used with the permission of, the respective photographers.
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