[publius911]

It could be a “street photographer” doing his thing, quite innocently. The art form of Cartier-Bresson, check him out.
And he did a lot of work in cafes.

Don't be silly (and ignorant.)
Professional photographers and artists, whose work will potentially have wide exposure must get a "model release" for any person who is recognizable in any photo given public circulation.
Or, as happens often a photo of an individual is used for sales of commercial products, without that written consent.

[buwaya]

Not so;
Nussenzweig vs DiCorcia, 2006

Street photography has a First Amendment “out”. For now, unless someone wins a case the other way.

Its an interesting area of controversy, but street photography is still legal and a very active thing in the US. Check it out.