Is it legal to photograph someone when they are being served?

Short Answer:  No.

Long answer:  Well, it depends on the circumstances and your state’s law. Location is very important to consider when photographing or recording video, or audio. Check your state’s laws concerning recording and how consent plays a role.

Public vs. Private Property

Most public places do not have restrictions on video/audio recording. So if you’re standing on the sidewalk or in your car sitting on a public street, then you’re good to go. Private property is a different story. There must be a few elements in place in order to make sure you are compliant. You must be aware if your state allows one-party consent or two-party consent to audio and video recording.