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  1. #1
    Join Date
    May 2006
    Posts
    2

    Default Old Neighbors continue to harass and slander

    Please help!

    We lived in a subdivision in Missouri for about 5 years. We finally moved last November because of a battle with our neighbors. It all started over subdivision politics, but we were threatened, both legally and physically, by our neighbor. The children in the household would harass my mother-in-law when she came over every week to babysit. We called the police (numerous times) and they told us to gather documentation. So we began to take still photos and video of the harassment. At that point, the neighbors called my husband a pedophile because we took pictures of the children yelling and screaming at us (we have another neighbor as witness).

    We finally had to move from the subdivision, because we figured the harassment would never stop. Well, we moved and it still has not stopped. My husband still frequents the subdivision in the course of his business. On one such visit, the neighbor yelled an obcenity to him, which we captured on video.

    In a recent communication to residents in the subdivision, they mentioned the incident (but not my husband by name) and said that 'taking pictures of other peoples children, without their parents written permission, is a civil crime.'

    First: is it a civil crime to take pictures of children without their parents written permission (I can't imagine it is, especially since the police suggested it!)

    Second: do we have a case for slander as they've suggested my husband is a pedophile?

    Third: How do we get this to stop? The police can't really help...they say the neighbors are covered by the First Amendment. But where are our rights in this scenario?


    Thanks!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Old Neighbors continue to harass and slander

    Quote Quoting i1nthelp
    First: is it a civil crime to take pictures of children without their parents written permission (I can't imagine it is, especially since the police suggested it!)
    They seem to be confused in their terminology, with this reference to a "civil crime". The civil justice system is where you can file lawsuits to seek relief such as money damages. The criminal justice system is where criminal prosecutions occur.

    I am not aware of any state which makes it unlawful per se to photograph or videotape anybody who is in a public place, regardless of age. (By "public" I am not including places where people have a reasonable expectation of privacy, such as in a public restroom.) I suppose it could rise to the level of harassment, depending upon the full facts and circumstances, and also depending upon state law. Also, although irrelevant to your circumstances, the fact that it is legal to take a picture of somebody does not necessarily mean the picture can be used commercially without their consent.

    Quote Quoting i1nthelp
    Second: do we have a case for slander as they've suggested my husband is a pedophile?
    Would the people in the subdivision have any reason to know that the reference is to your husband, or to believe any such allegation by these people?

    Quote Quoting i1nthelp
    Third: How do we get this to stop? The police can't really help...they say the neighbors are covered by the First Amendment. But where are our rights in this scenario?
    Why is your husband still going by this house? (You can carry out a lot of business in a neighborhood while avoiding a particular block of a particular street.)

  3. #3
    Join Date
    May 2006
    Posts
    2

    Default Re: Old Neighbors continue to harass and slander

    Quote Quoting aaron
    They seem to be confused in their terminology, with this reference to a "civil crime". The civil justice system is where you can file lawsuits to seek relief such as money damages. The criminal justice system is where criminal prosecutions occur.

    I am not aware of any state which makes it unlawful per se to photograph or videotape anybody who is in a public place, regardless of age. (By "public" I am not including places where people have a reasonable expectation of privacy, such as in a public restroom.) I suppose it could rise to the level of harassment, depending upon the full facts and circumstances, and also depending upon state law. Also, although irrelevant to your circumstances, the fact that it is legal to take a picture of somebody does not necessarily mean the picture can be used commercially without their consent.


    Would the people in the subdivision have any reason to know that the reference is to your husband, or to believe any such allegation by these people?



    Why is your husband still going by this house? (You can carry out a lot of business in a neighborhood while avoiding a particular block of a particular street.)
    They do not mention him by name, but they refer to him as a 'former Trustee of the subdivision'. The people in the subdivision have no reason to believe any such allegation. He has NO criminal record...he's never even been accused of anything in his life...until we started clashing with these 'neighbors'. These people have used his name specifically in the allegation to another neighbor (but it was verbal, no written proof).

    My husband has to drive by their house - it's on the main street in the subdivision. He has business at 3 homes and all 3 require that he drive by this house. But believe me, he's trying to wrap up that business as soon as possible.

    Thanks so much for taking the time to read and address this - I really appreciate it!

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Old Neighbors continue to harass and slander

    There is really no other way in or out of the subdivision other than past this house? In that case there must be a lot of traffic past the house. People drive past my house all day long, and I pay no attention to them - what draws their attention to your husband?

    If they aren't using his name, it may be difficult to prove in court that they are referring to him. If nobody believes the allegations, it may be difficult to recover damages even if you do prove that the reference is to him.

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