website pic's in violation?

[insider]

What is the name of your state? MI We have been involved with neighbors who have been running a racing track on property behind our home. From inside my home, looking out the windows, I have taken pic's & posted them on a website, outlining the township is allowing an odrdinance violation. It has been since deemed illegal, an injunctive order to stop activity. The township also has ruled this was a violation & pursued this in court to stop these neighbors with limited success. Since it's now been ruled illegal, these same neighbors, who earlier were bragging to everybody of their good times, are now embarassed of this (since the public hearing sent them down in flames). I have received a letter claiming I don't have their permission to post these pictures, that I took, from inside my home, viewing their activity (unless I blacken my windows, you can't miss this activity). The website indicates the pictures were taken by me, from inside my home (which I own)...am I violating any tort law or invasion of privacy by leaving this pic's on the site? I will agree to remove them if the activity stops, but 3 days ago, the individual claimed he would continue the illegal activity regardless of the injunction / ruling, in front of a room full of people & the township board. Am I in violation of privacy, or is this my freedom of expression?? Help?? Thanks to all!

 

[divgradcurl]

am I violating any tort law or invasion of privacy by leaving this pic's on the site?

Probably not.

Am I in violation of privacy,

If the pictures are of something that can be viewed from a location open to the public -- like a street, or a trail, or even open space that the public can enter -- then the racetrack owners don't have a leg to stand on.

 

[insider]

That's what I also believed (after doing a bit of research), however our attorney just suggested I remove all the photos & the website, otherwise likely be in court fighting a defamation case....even though all activity was proven illegal & was viewed from inside our home, looking out our windows....go figure????

 

[divgradcurl]

No one ever said it would be cheap or painless to assert your rights! This is one of those cases where, in the end, you would almost certainly prevail, but the costs -- in time, energy and attorney's fees -- would likely far outweight anything you might stand to gain from prevailing...

 

[dworrill]

So you're saying that you have a group threatening to sue you because you are shedding light on activities that violate an injunction?

 

[insider]

Yes, exactly that. They did this same thing last year to us in a defamation case. In deposition (at our cost) it was determined that all their claims were based on untruths, but we still had to defend ourselves and pay attorney fees. The illegal activity continued (with injunction in place to halt), and we posted pic's on a website, taken from our property (view was looking out our windows of our home). We were sent a certified letter stating "we did not have permission to post pic's of their activities or vehicles on our website". I know the pic's were legal, since they were taken from my dining room window. I understand that does not mean that I still won't be dragged into court to fight a defamation case, which I would no doubt win...but look at the cost to me. The peoples names were never mentioned, or was the location...just pictures with comments about dust & noise in our community. How is this different than taking pictures of somebody robbing a bank, or beating-up somebody in the middle of your street, then you get sued for exposing illegal activity & have to defend yourself....with no chance of recovering any of the expense? No wonder people take the law into their own hands, after experiencing it in action...

 

[dworrill]

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