# pics of kids w/o permisson given @ town meeting?



## madmax01972 (Jun 9, 2009)

I have a neighbor who took pictures of kids the oldest 7yrs in a drive way waiting for the bus and then getting on the bus. She the blew the pics up and took them to a Board of Selectman meeting which was aired live on cable access then rebroacast 2 days later. She also took these pic and put then in a 3 ring binder and presented them to the BOS and they accepted them as public record. My neighbor nor the Bos asked if the parents had given consent to have these pics of the kids taken is this legal??


----------



## romeobravogolf (Mar 10, 2008)

Why where the pictures taken to begin with? Were they trying to make a point about the bus stop or something?

Anyone can legally take a picture where there is no reasonable expectation of privacy, and on a public street there is "no reasonable expectation of privacy." http://www.photoattorney.com/2008/09/reasonable-expectation-of-privacy.html

RBG


----------



## OfficerObie59 (Sep 14, 2007)

For the record, this is a question for a lawyer, not cops.

For informational purposes only, to the best of my knowledge, in a public place no one has any statutory right to know their image is being captured like they do their speech. Think about it; not every retail establishment has a warning that they'll be taking your picture or recording you on surveillance. Furthermore, I know of no state law that applies further to kids.

That's not to say it isn't bad practice. Who knows if the kids are at an imponded address after a domestic violence situation.



romeobravogolf said:


> Anyone can legally take a picture where there is no reasonable expectation of privacy, and on a public street there is "no reasonable expectation of privacy." http://www.photoattorney.com/2008/09/reasonable-expectation-of-privacy.html


Cops deal with criminal law. And just becuase something is illegal per se, doesn't always mean it's criminal.

Even if you have an expectation of privacy, it would seem to me to be a civil tort, not a criminal issue unless a disorderly ("peeping tom") charge could be articulated or the pictures are secretly taken of a partially nude person (MGL 272/104).

However, I believe there is a federal law that requires parental permission of the posting of images on the internet belonging to children under age 13.


----------



## csauce777 (Jan 10, 2005)

OfficerObie59 said:


> it would seem to me to be a civil tort


And even then, I think you'd have to show damage and causation. If the pictures were taken in public, and we're taken for a legitimate purpose (which this appears to be), I'm not sure what damages you'd be able to show, or assign a cause to.

With that said, I'm no lawyer, but there are plenty of blood sucking leeches (and I mean attorneys...not politicians, this time) floating around just waiting to sue someone...


----------



## madmax01972 (Jun 9, 2009)

romeobravogolf said:


> Why where the pictures taken to begin with? Were they trying to make a point about the bus stop or something?
> 
> Anyone can legally take a picture where there is no reasonable expectation of privacy, and on a public street there is "no reasonable expectation of privacy." Photo Attorney: "Reasonable Expectation of Privacy Issues" for Photographers
> 
> RBG


 they were taken to try and stop and earth removal permit at the end of the road the neighbors stated safety reasons. Our town counsel advised the BOS they could not rule on safety as a factor in the permit only dust, noise, and vibration. The BOS accepted the pics anyway now anyone can go and see that book of pics which include the mailbox #, bus #, and the kids since it is evidence and the BOS accepted it also it was broadcast on cable twice..


----------



## Hawk19 (Jan 9, 2009)

mikemac64 said:


> Doesn't everybody take pictures of their neighbors kids for no reason, put the pics in binders, and send them to their Board of Selectmen?


Creepy. Max, where did this happen, so I can know where not to move? What possible interest could the Board of Selectmen have in these pictures?


----------



## madmax01972 (Jun 9, 2009)

WE have talked to the BOS and the acting Town Administrator and they can not give the pic back because they say they are now public record they wont even blot out the kids faces, bus #, or mailbox #, we live in wareham 1/3 mile from the highway entrance is a small ponside neighborhood..


----------



## csauce777 (Jan 10, 2005)

mtc said:


> I'll have to side with the OP on this one, I don't think photographing children waiting for a bus, on a privately owned driveway, is legit.


In bad taste, yep. A little creepy, maybe. But illegal? Doubtful.


----------



## lofu (Feb 25, 2006)

madmax01972 said:


> we live in wareham


That explains it!


----------



## madmax01972 (Jun 9, 2009)

mtc said:


> That explains it for sure!!
> 
> Why do you guys keep electing the likes of Sauvageau? I wouldn't want HIM to have pics of my kids either!
> 
> Very creepy!


I didn't reelect him nor did i vote for Walter Cruz!!! I do think that the town has had enough now with the computer audit, police chief resigning, and the exucitive session tape last week..:woot:


----------

