Legal Question in Bankruptcy in California

Public Privacy Acts and Regulations

We are currently looking to open an coffee shop which would include the usage of a live-feed camera to offer ''confessionals'' to our public customers. This would also include footage to be aired live via internet to those choosing to access our website.

1) Would we be liable as a business owner if a minor were to expose him/herself in an unappropriate manner both in the workplace and/or via internet

2) Would the guardian be legally able to pursue any litigation to the business owner acting on the minors behalf

3) Could we also be covered (with the purchase of liability insurance) to accomodate this situation and if so, what form of insurance would need to be purchased

4) What additional risks would be present (if any) and would the end result be resolved if we chose to edit out unappropriate footage to then be released to the public.

Please provide any legal advise you may have as well as any cases displaying relevant situation.

Thank you very much for your time.


Asked on 2/08/02, 11:39 am

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Public Privacy Acts and Regulations

Thanks for your inquiry, and for the moment ignore the comments of Mr. Hobbs. I believe my esteemed counsel might be victim to a generational gap. Anyone that's seen the following shows:

1. MTV's Real World;

2. Temptation Island;

3. Survivor;

4. Weakest Link; etc...

Knows what a confessional is. But it's beside the point.

I honestly think that you are going to have to, and SHOULD, sit down with an attorney and go over your questions and the documents you do have and discuss this much more completely than a quick posting.

A few answers for you though:

1. You might not only be liable if a minor exposed himself, but also if a minor VIEWED someone who is not a minor exposing himself. A code of conduct that patrons agrees to might protect you somewhat here.

2. If the conduct is criminal, the prosecution (D.A. or A.G.) may pursue a claim. Otherwise, a minor, guardian, or any aggrieved party may pursue a claim.

3. Liability insurance is a must anyway in the restaurant or entertainment biz, but a general liability policy should suffice.

4. In releasing footage to the public, my biggest concern would be to make sure you have permission to air the intimate details and images from persons through your business concept. A fairly comprehensive waiver will be needed along with permission to use their likeness, voice, etc.

Thanks, and if you need more advisement, please email me -- I'm happy to help.

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Answered on 2/08/02, 7:16 pm
Victor Hobbs Victor E. Hobbs

Re: Public Privacy Acts and Regulations

Assume that the reader is dumber than dirt. And rewrite your facts so I can understand what your talking about. I am not in the trade. So the use of 'confessional' doesn't make sense.

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Answered on 2/08/02, 2:51 pm


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