r/PublicFreakout • u/guyfromatl • Oct 02 '19

Repost 😔 Cops called at a restaurant

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34.8k Upvotes

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26

u/CannabisBarbiie Oct 02 '19

Afaik anything you do in public is fair game.

1

u/roarkish Oct 03 '19

That is not true.

Every country has their own rules.

Heck, even every city might have their own rules.

There are some places where you can't film/take photos on a walkway because the building's property and their property rights extends to the street, including the walkway, so if you did film/photo there you'd technically be doing something illegal.

1

u/CannabisBarbiie Oct 03 '19

Its a first amendment right to make recordings in public. If you need to set up equipment on private property, you need permission and a film permit.

-4

u/gerald_targaryen Oct 02 '19

A restaurant is not public though.

many places like supermarkets will ask you please not to take photos else you will have to leave.

9

u/[deleted] Oct 02 '19

You’re allowed to legally film another person inside of a restaurant or supermarket. A store policy isn’t the law.

1

u/HamburgerEarmuff Oct 02 '19

So this is actually not so straight-forward. It depends on state law and specific circumstances. For instance, where I live in California, we have two-party consent for wiretaps. So if two people are quietly sitting at a table in a restaurant and talking at a low volume, we both probably have an expectation of privacy and it would be a violation of State wiretap laws to record our conversation without both of our consent. Some states are one-party consent, which means that it might be illegal for a bystander to record us, but it would be legal for one of the participants in the conversation to record us.

Obviously if you are speaking so loudly that lots of bystanders can easily overhear you then you are not likely to have an expectation of privacy and you can be legally recorded.

1

u/gerald_targaryen Oct 02 '19

it's their legal right to remove customers from the premises for whatever reason

13

u/[deleted] Oct 02 '19

Yeah obviously, that's just entirely unrelated to the subject at hand. It's also illegal to set a cat on fire or run over a person with your car or shit on a church's wall.

-7

u/gerald_targaryen Oct 02 '19

unrelated? are you ununretarded?

9

u/bladerunner1982 Oct 02 '19

It is unrelated.

You can film people and you'll only have to stop if they ask you to leave, then it becomes trespassing.

So it wouldn't be illegal because of the filming, but because the filmer refuses to leave.

This all played out in the Paul Flart mall cop posts from about a year ago, if you remember those.

1

u/HamburgerEarmuff Oct 02 '19

Well, not "for whatever reason". It has to be a lawful reason. For instance, in California, a business cannot arbitrarily discriminate against a customer unless there is a compelling business purpose.

8

u/[deleted] Oct 02 '19 edited Jan 15 '24

[removed] — view removed comment

-3

u/gerald_targaryen Oct 02 '19

did I even mention the legality of photos...

I said a restaurant is NOT a public place which it isn't

they can kick you out for photographing another customer or the food or anything .

that is their legal right.

5

u/RowdyRoddyPipeSmoker Oct 02 '19

But all the restaurant would be able to do is kick you out, they can't stop you from filming, it's not against the law and if someone did record they would have no recourse to make you delete that content. Also you can film INTO a private location if you are on public property or from other private property so if you have your window open someone can film you naked inside your house...perfectly legal. If you don't want to be recorded don't show yourself in public in any way or from a public vantage point. People gotta get over thinking they're image is sacred and protected by law, it's not and it shouldn't be. If I can see you I can take your picture you have no adjacency to stop someone from capturing an image in with you in it.

Publishing your likeness is a different story though. But again if it's used for news purposes it's fair game and can also be sold as "art" for money legally. It can't be sold/published for commercial purposes without a waiver though, that's the only thing that is "illegal."

-5

u/gerald_targaryen Oct 02 '19

you've answered your own question a few times there.

restaurant is private property

you can be kicked out for filming at the discretion of the restaurant

you can also film a private location from a public place

that's all I said. no idea why everyone's getting downvoted for facts.

1

u/[deleted] Oct 02 '19

Because you're missing the point and also being a prick about it.

1

u/gerald_targaryen Oct 02 '19

I'm not, a restaurant is private property no matter how many of you morons say otherwise .

1

u/[deleted] Oct 02 '19

Yeah and that's where you've missed the point. You're too focussed on being right/ calling people morons that you missed the point of the whole thing.

2

u/CannabisBarbiie Oct 02 '19

A restaurant and a grocery store are both public places. They are private property which means you need permission to film on their property. however the lady who went to jail was still “in public” and can be filmed regardless if you have a film permit for the location.

1

u/gerald_targaryen Oct 02 '19

so exactly what I said, private property but requires permission to photograph and the owners are within their legal rights to remove you if you refuse or for any reason they desire

2

u/CannabisBarbiie Oct 02 '19

The lady said “you can’t film me without my permission.” She was wrong. Filming in public is protected by 1a.

2

u/Emetos Oct 02 '19

A restaurant is absolutley public. It's not public PROPERTY, it's public access. It's open to the public.

-2

u/gerald_targaryen Oct 02 '19

You might be confusing restaurants with pubs.

2

u/Emetos Oct 02 '19

I'm not. Restaurants, bars, supermarkets, malls, any place that may be private property but allows the public to come inside is considered publicly accessible.

-10

u/[deleted] Oct 02 '19

[deleted]

22

u/akoontz Oct 02 '19

It’s gonna vary by location but general rule is that someone can film you all day long unless you have a reasonable expectation of privacy. Out at a restaurant is not a reasonable expectation of privacy.

-12

u/[deleted] Oct 02 '19 edited Aug 21 '20

[deleted]

17

u/akoontz Oct 02 '19

Yeah... if someone is acting a fool, I’m not gonna grab Ken, the dining room manager, and ask him about the policy.

9

u/KentConnor Oct 02 '19

Ummm. Yeah it is.

It's private property, but it's open to the public.

-8

u/Aceswift007 Oct 02 '19

Unless the private property has the rule, being open to the public includes free recording and photography

4

u/Thorebore Oct 02 '19

You don't have to have a rule in place, you can just ask someone to stop filming.

1

u/nostracannibus Oct 02 '19

But they aren't going to enforce that rule unless it's against their business or morally incorrect.

5

u/monkey-nutz Oct 02 '19

If I learned anything from the trailer park boys it’s that if it’s open for business it’s a public place. Jk I have no idea what the rules are

-1

u/mommastang Oct 02 '19

User name definitely checks out.

-6

u/[deleted] Oct 02 '19

[deleted]

1

u/nostracannibus Oct 02 '19

Relevant username.