Southlake police said at the time that Louis J. Vogel took unwanted photos of women and children that could be intended for sexual gratification. After Mr. Vogel's arrest, authorities would not describe the pictures.

Kurt Stallings, chief of the pretrial division of the DA's office, said the photos taken at the city's Oktoberfest a few weeks ago didn't fit in that category.

"The state Legislature passed a law that was vague and overbroad, and in this particular instance, a police officer used that law arbitrarily," he said. "Mr. Vogel's reputation in our community has suffered irreparable damage."

The improper-photography charge, which was created several years ago, is generally brought against people who take photos up women's skirts or dresses using small cameras or cellphones or take photos or shoot video in restrooms or locker rooms. The felony carries a sentence of up to two years in a state jail.

Mr. Stallings said the photos he examined in this case were typical crowd shots that didn't raise any concerns. He said that some photos might have looked more suspicious on the camera's tiny LCD screen. Had Southlake investigators printed out the photos, he said, they might have come to the same conclusion as the district attorney's office.

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