That was to Eloria, or whatever, by the way.................
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That was to Eloria, or whatever, by the way.................
You should try reading them yet again, I guess.
"....... once you post a "same sex agents will monitor dressing rooms"; expectation of privacy is gone. You cannot expect privacy when a sign tells you there will be no privacy." is not a question. It is a pair of statements. I fail to see how it could even be misunderstood as a question. Hell, it doesnt even end with the proper punctuation for a question.
If you are going to be condescending, at least try to use some logic or something. In no way, shape, or form can the above statements be construed as questions. I am guessing that you are being so incredibly contrary because you do not like the fact that i refuted your claim that monitoring dressing rooms is illegal in all 50 states, no matter what.
Now, back to video voyeurism:
Iowa also has a very bare privacy statute, making taping of someone only illegal if it is "for the purpose of arousing or gratifying the sexual desire of any person".
They have no other statutes involving voyeurism other than this privacy statute.
I could not find a single statute in New Mexico which barred videotaping at all, unless it was a taping of a performance which was to be used to garner a profit. And their privacy laws? They have more laws about disturbing graves than videotaping in their privacy sections.
Cameras and two way mirrors are not used, nor are cat walks Frankie. In most major stores there is only about 4 feet between the drop ceiling and the bottom of the floor above or roof above. It's generally filled with AC duct work, electrical fixtures and wires....oh yeah don't forget the plumbing. It's posted about LP's observing activities so it won't be a surprise to anyone who sees an LP watching someone. Any time a person is undressing and there is a camera, it's against the law and the 'victim' can OWN the store....pretty cut and dry. Most majors have run the gamut of ways to view fitting rooms and cameras, mirrors, cat walks or what ever are out!! They got tired of losing court cases and paying losers who were actually thieves for LP's misuse of fitting room observations. Take a look back in California Supreme court case (circa 1982) called "Debra C." It involved a Male LP who observed a 14 yr old Female from out side the fitting room area while standing well out on the sales floor in the Juniors department. He could NOT see her undress but saw her place a bag on the floor and conceal items just under the partition. After that all the "High Tech", sneaky Pete toys we used went out the window, those include cameras, cat walks and two way mirrors. As souperdave stated, there is only one correct way a fitting room case can be worked.
I'm still on the fence here....
that Maryland statute is pretty open. if you have male and female dressing rooms and male and female observation booths and a sign that discloses the fact (thus removing your expectation of privacy) can you have cameras?
also do the cameras see into the fitting booths or just the common areas of the whole fitting room in general. ie..one camera watches the doors to all the individual fitting booths. but can not see into the booths.
then again ...what if the lp's preference is of the same gender? how can we tell if they are aroused by looking at the same gender?
Comon at what point is ok to see anyone (gender unimpotant) in a full state of nudity! furthermore minors use these same fitting rooms why would parents allow their children to be watched while in a state of undress!? Maryland may have an open statue but if there are cameras in fitting rooms I can guarantee you someone will be sued or would have been by now!
In those states where it might be legal to observe somebody in a dressing room, in most cases a store is likely to decide that it is a bad idea. The publicity when an employee is caught taking pictures or video of customers changing can be devastating to a store, and as noted there is potential liability if any pictures or videos were made public, or even if an employee were caught engaged in... let's call it "self-service".
Souperdave is correct. No magic required. The dressing room has an "expectation of privacy" that would keep most retailers from doing so. I would emphasize MOST.
A decent sized retailer with a loss prevention staff would not be pulling up ceiling tiles etc. Small chains, independent retailers etc, probably see it as an expectation of honesty (trust but verify: Regan).
Most stores give trainning on making fitting room stops. They are not that difficult and require no cameras inside a fitting room. Any retailer placing cameras inside a fitting room (sign or not) is openning themself up to large Law suits.
Some information on catwalks:
http://wcco.com/topstories/local_story_178224225.html
(notice the store no longer uses them, but they ARE still legal.)(Minnesota)
It still looks legal in Florida:
http://www.leg.state.fl.us/statutes/...810/Sec145.HTM
edit: I will dig for more later, slow day at work today.
Here's a thought.......you're in court for a fitting room case. It's a jury trial, the perp's fighting it tooth & nail, so then it comes time for you to produce your video............
Exactly how well do ya think it's gonna go over when they push "play" on the VCR and the butt-naked perp in all his shiny moon glory pops up on the monitor for all to see......
Doesn't take too much of an imagination to see where that one will end up!!!!