Mrs. Felch justifies her videotaping the INSIDE of a Varian bathroom!
"FELCH: If the video camera were looking at the entryway only, I think that's acceptable.
FALCON: So as long as it did not peer to, even when the door was open, into the bathroom, that would be okay. Is that what you're telling me?
FELCH: Yes.
FALCON: Now, what if the camera peered inside when the door was open? Would you think of that as despicable behavior by whoever was videotaping that restroom?
POPPE: What part of the inside?
FALCON: Any portion of the inside.
FELCH: You'd have to be more specific on parts.
FALCON: When you use a public restroom, do you have an expectancy of privacy while you're within the confines of the restroom?
POPPE: Objection; calls for a legal conclusion.
FALCON: I don't want your legal understanding of what privacy is. Do you expect that you -- what goes on there will be private from anyone who is outside of the restroom?
FELCH: It's getting into the definition of inside. I think while one is truly deep within the bathroom and using various facilities there, then that is the expectation. If one is a half a footstep inside the door, then I don't consider that truly deeply inside the bathroom.
FALCON: Whether they're coming or leaving the bathroom? Makes no difference to you if they're only a foot or a step inside the bathroom?
FELCH: If that's all that is seen, then I don't consider that --
FALCON: Well, that's a good question.
FELCH: -- invasion of privacy.
FALCON: Some people are still finishing their -- returning to their normal attire and decorum as they're stepping out of the bathroom.
FELCH: If they do that in the doorway, that's -- that's their own problem.
FALCON: And if there's a video camera there, that's their own problem also; is that correct?
FELCH: It doesn't matter whether there's a video camera or not. The doorway to me is considered part of the public place.
FALCON: And if the camera were to peer deeper into the bathroom, would you consider that despicable conduct --
POPPE: Objection; vague.
FALCON: -- by the person or corporation that's causing the videotape to be created?
FELCH: If it was deep enough inside that, you know, it was in places where people should not be able to see things when the door is closed, yes.
FALCON: Well, let's say it only reveals someone standing at one of the sinks where they may be washing their hands, brushing their teeth, combing their hair, fixing their face, whatever it is. Would that cause you any concern? Would you consider that despicable?
FELCH: If that's what they were doing, I don't quite use the word "despicable," but it is an invasion of privacy." |
