Playboy model charged over locker room 'body-shaming' image

[inanna]

Source: BBC

5 November 2016

Los Angeles police have charged Playboy model Dani Mathers over a "body-shaming" image she took of an older woman in a gym locker room.

The picture of the naked 70-year-old was taken in LA Fitness in July without her consent and posted on social media.

She uploaded the photo to Snapchat alongside one of herself and the caption: "If I can't unsee this then you can't either".

Ms Mathers faces a charge of invasion of privacy.

She could face up to six months in jail and a $1,000 (£800) fine if convicted.



Read more: http://www.bbc.com/news/world-us-canada-37882973

[Charles Bukowski]

1. Great news!

What a horrible thing to do.

[cstanleytech]

3. Horrible yes but I have doubts over her being convicted for invading the ladies privacy

unless she took the photo while the other lady was in a private dressing room where she would have every expectation of not being seen by others and she clearly wasnt based on that photo.

[arithia]

6. there are laws against this act specifically

You cannot photograph people in public changing rooms or bathrooms. It does not matter if the person was in a stall or in an open changing area- there is still a basic, legal expectation of privacy.

It's your basic anti-peeping/anti-pervert law.

You also cannot legally take someone's picture if they are in a place with a reasonable expectation of privacy. So if she had done this say, outside, across the street with a telephoto lens, it would still be illegal.

[inanna]

7. Thanks for your post.

[awoke_in_2003]

18. Yep. nt

[cstanleytech]

25. Question is if they had such laws there where she was and also will the courts

agree that the laws are constitutional in this instance.

[arithia]

26. they were in a LA Fitness gym

and they were in the women's changing/shower area. Restrooms are considered the private property of who owns them and on any such private property, you need permission of the owner to even snap normal, non nude photos. (LA Fitness promptly banned the model and for good reason.) The only time you do not need permission to take pictures of people is when they are in true public areas, such as on the street, where there is no reasonable expectation of privacy.

These laws are national. Some states may have specific laws against the involuntary distribution of nudes, such as "revenge porn" laws, but that doesn't change the illegality of snapping pics in the women's room/gym shower.

As for constitutionality..... lolwut? Peeping Toms have tried to challenge these laws for years with little to no success for good reason. This sh*t is invasive and serves no purpose beyond the objectification and denigration of the person who is having nudes taken of them against their will.

[cstanleytech]

27. Yes but her lawyers will probably argue that a charge of invasion of privacy isnt applicable

due to the fact that it was out in the open in front of other women.

[arithia]

28. *sigh*

The law specifically applies to locker rooms and gyms such as this. It is still considered a place where there is a reasonable expectation of privacy. It is not a public street- access is limited to the people who belong in that room- paying members of the gym of the appropriate gender designation. It is private. It is exclusive. It is not "plain view".

The courts have defined bathrooms and changing areas as locations where there is a reasonable expectation of privacy again and again and again. 4th Amendment stuff here.

In the end, it doesn't matter what her lawyers claim. California doesn't even allow cameras in changing rooms at clothing retailers or workplace bathrooms and those places often have REASON to monitor foot traffic. This model took the photo on private property in a location with a legal expectation of privacy. She also showed she had absolutely no reason or intention for taking and posting the photo beyond shaming the woman who didn't consent to having the photo taken.

If you still have questions after this, I suggest researching photography and privacy laws. I can't make it any more plain for you.

This b*tch is screwed.

[Hekate]

32. I don't know why you are having such a hard time understanding this. It is a Peeping Tom law.

This stupid Mean Girl broke the law. Aside from being brainless and cruel, for which she should be ashamed, she broke the law, for which she should be prosecuted.

There are indeed levels of privacy in locker rooms, showers at the gym -- including the big showers with nozzles for 8 people, changing rooms, and toilet stalls. The expectation is that you will not have your photo taken without your permission, much less published. It is not a public space like a restaurant or a sidewalk.

Do you think it would be trivial and even legal for someone to snap pictures in a men's restroom, just because there are several urinals in a row? Do you think it would be trivial and legal for that same person to post those pictures online with comments about old men's equipment?

No, it is not legal.

[cstanleytech]

37. No, I understand it and I would never do it to someone myself even if there wasnt a law about it as

its just plain rude at the very least I am simply pointing out that her lawyer might try that defense for her should she try to fight it rather than plea out.

[bettyellen]

43. Rude? It's fucking illegal, and more than rude to keep ignoring that when it's been explained to yo

[Hassin Bin Sober]

36. Their lawyer can argue the moon is made of cheese but it won't make a damn bit of difference.

Any reasonable person can understand whatever level of privacy expected, IN A CHANGING ROOM, was breached in this instance.

A person doesn't have to lock themselves in a vault to insure any level of privacy.

[Yo_Mama]

39. These laws most certainly are constitutional. You may be thinking of the "upskirt" laws,

which have run into problems in multiple state courts. But those all address photos/images/movie clips of people in PUBLIC spaces.
http://www.ibtimes.com/texas-upskirt-law-ruled-unconstitutional-anti-creepshot-privacy-statutes-face-legal-1691321

A dressing room or bathroom is, by definition, a space provided and used to maintain the privacy of those using it - Persons using these facilities have a reasonable expectation of privacy, and have not granted any sort of implicit license to have their images taken by others, preserved, and/or distributed.

[Warpy]

9. I can't see her getting hit with more than a fine and 6 months probation, if that much

but I am glad to see at least one Mean Girl face charges. And yes, she broke the law.

She could also be sued for monetary damages and I'm sure the judge will make that clear to her, although I doubt it will happen.

[DrToast]

15. She'll probably avoid jail with a plea bargin

Which I'm okay with Actually.

[Midnight Writer]

16. Absolutely. No sense for this turning into a prison sentence.

But I assume the victim could (and will) pursue civil action.

[IronLionZion]

17. the photographing or videotaping of a naked person without his or her permission in a gym, tanning s

http://www.sheknows.com/health-and-wellness/articles/1126279/dani-mathers-snapchats-nude-woman-in-locker-room


http://blogs.findlaw.com/law_and_life/2014/06/is-it-legal-to-record-people-at-a-gym.html

[manicraven]

2. Horrible!

I went on Twitter and shamed her for this behavior. Told her that "pretty is as pretty does" and that she's a very shallow person.

[MADem]

4. Took long enough.

The poor old woman was doing better than most of us--at least she got up off her ass and went to the damn gym.

I'm in favor of a few days in jail, the full fine, AND a civil judgment of several hundred thousand. Just because!

Sick of mean people....

[LakeArenal]

12. Yes at least she is at the gym...

People like this "model" will see someone like the older woman and say " Man she needs to go to the gym". Then when she goes to the gym, they shame her and don't want her in "their gym". Hopefully old age will catch up to her as well. It's a bitch to get old.

[awoke_in_2003]

20. Tack on some meaningful

public service work, too.

[Dark n Stormy Knight]

24. Damn straight. Helping out in a nursing home?

Then again, that would probably be cruel to the residents.

[mainer]

5. She is pure evil

The utter lack of human empathy tells all.

[Sunlei]

8. The woman should sue her too.

[Laffy Kat]

14. I think we've just met the future Mrs. Trump! nt

[dawn frenzy adams]

19. What a vile horrible woman.

This is a young woman whose face and body was shaped by a surgeons scalpel. That speaks volumes. Obviously, she thinks that those that don't fit society's unrealistic definition of beauty, should be shamed. But to do this to a 70 year-old woman, reveals a deep cruelty. If she wasn't just a shallow, vapid, cretin, it would have been inspirational to see a 70 year-old woman keeping fit. After all, she will be 70 years-old some day. I hope the judge will not be swayed by her big, plastic, boobs, and throw her ass in jail.

[Dark n Stormy Knight]

23. Let me guess, she's a Trump supporter.

She obviously shares his despicable values.

She'll get off, though. Money and fake beauty go a long way towards perverting the course of justice in this country.

[svpadgham]

41. I guess she's apolitical and doesn't vote.

Just my guess.

[McCamy Taylor]

29. This woman is in deep shit. Jurors will think "this could be my mother".

[NotHardly]

30. The model displayed immaturity on so many levels ... like a lot of folks

Most of us probably do not understand clearly that we are all only "temporarily able" ... in mind, body, spirit, emotions, psychological well being, and all the other tiny aspects that make us who we are or believe we are. If we are lucky enough to be able by having won some parts of the genetic lottery, time, toil, the toll of time, misfortune, disease, accidents, and life circumstances can and most frequently does remove us in whole or part from those luckier times. Lots of folks did not win the lottery of life and so the struggle started at the time they began their time, here in this life.

If we have had in our lives family members, loved ones, friends, associates and/or co-workers who struggle their whole lives or suffer misfortunes of mind, body, spirit, emotions, psychological well being we might be kinder and more thoughtful in our behavior to all other persons and living things in the world. But, that takes thought, empathy, compassion, and personal forbearance to appreciate and incorporate into our lives and behavior.

If we think of others as mere objects, then it is easy to judge, ridicule, and reproach ... the social medias have no social filters, they are whispers in the dark, under the breathe, and giggled at like naughty children. Social media does not have our Mothers present, our friends startled gasp of incomprehension, our real live associates stark glances in our direction to indicate the reasonable social condemnation that would reasonably be forthcoming. It is a pity but the social networks like Facebook (in which, if you have thousands of followers, it is hardly a private exchange) and others become vehicles for such vile behavior ... not evil, just vile, like unwashed children who have played too hard, gotten too heated, and drank too many sugary treats.

I am also sorry for her mother as I am sure her mother tried to raise her better.

[Stryguy]

31. My snide remark in return to her photo.

She's turning 30 years old in 1 month. In the world of playboy and porn that makes her nearly invisible.

On a serious note. While body shaming is abhorrent it's her photographing someone nude without their consent that's disturbing as all get out. What gears turn in your head let you think you can take a photograph of someone nude without them knowing and consenting?

[complain jane]

34. Exactly. Makes me think

she's been acting like this for a long time. And even if she hadn't posted photos of strangers to social media before and only trashed these poor people in her head, what a judgmental bitch.

[complain jane]

33. What an asshole.

Hope she's prosecuted. Mean people suck.

[Cha]

35. Wht the hell does that?!

[Yonnie3]

38. Her body got her by in life, I wonder how it will do in prison.

However, I don't think she will do prison time. Community service, bed pan detail in a hospital would be a start.

Has the subject of her photo has come forward? IF she does and has a decent lawyer, Dani can add bankrupt to her resume.

[Liberal_in_LA]

40. Good