Re: WHY should the Railroad do anything???

Kevin, granted the photographer was going for a "Darwin Award". People with that kind of poor judgment alas are all too common I suspect.
But "why should the rr do anything?", is a different matter. For any of us involved in operations of a small tourist/historic operation it can only take one incident of this kind regardless of who is at fault to put our operation out of business. No matter who is at fault, the press along with false or clouded information passed word of mouth can spin what has occurred to call into question the safety of our equipment and general operating practices. No one in this business needs bad publicity. It could tank the ridership and thereby destroy the financial viablilty of a small outfit. Beyond this, again no matter who was initially at fault, operating practices could come under the magnifying glass of scrutiny of the FRA resulting in fines, and also a rr's insurance carrier would likely reevaluate their exposure with resultant higher premiums.
It is very much worth the due diligence of crew members to see that someone so inclined get there "Darwin Award" someplace else!
Also I would add, that in terms of watching out for members of the general public is no different than watching out for fellow members of a crew which hopefully we all do because even we who are familiar with the rules and safety protocols, sometimes just have a brain fart.