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Publicly accessible by private space

Discussion in 'Legal & Political Archive' started by RicInOR, Jan 14, 2014.

  1. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    Some places are private property, but the public has access. Mall's for example.

    If you do something which is legal in the public square - public owned & accessible space - can the owners sue you for doing it in their space?
    I get they can ask you to leave, and if you do not, to have you removed and given a trespass order.
    But sue for money?

    In NYC women being topless are not breaking a law.
    Photographer sued over topless photo atop Empire State Building | Reuters
    But the guy who took pictures of her in the private space - public accessible - observation deck of Empire State Bldg - is being sued.

    Um, before you click there are, you clicked already?, no pictures from the event. You'll have to find those yourself.


    The Gun related issue is - if you open carry in one of these places (including getting made concealed carry) could you face a law suit other than the trespass?
     
  2. BigStick

    BigStick Sherwood, OR Well-Known Member

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    I think the difference here is that the ESB has an image and public perception that could be "tarnished" and cost them revenue. I don't think it is for any kind of violation. It really depends on the direction of the lawsuit, but you can sue for just about anything. Winning is another story.
     
  3. SCARed

    SCARed Vancouver, WA Well-Known Member

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    You need a permit to take photos/video for commercial purposes in most major cities. AS well as pay the owners of the buildings in your shot. THe ESB management is stating this was a professional shoot. THis is in addition to what BigStick said in regards to image and reputation.
     
  4. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    RE #3 - I can see that case being made - you were getting paid, or you were takiing shots on spec to generate business, then you have to have permission.
     
  5. Certaindeaf

    Certaindeaf SE Portland Well-Known Member

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    So you're the anti titty? Feel free to elaborate.