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I haven't gone to talk to him. His taking photos while my child was severely ill...I'm having a hard time setting aside. I think I will ask a friend to come with me and pinch me if I get rude.
Well you are certainly handling this with far more grace and composure than the vast majority of us on here would, so I tip my hat to you!
An HOA is not going to interfere with your ability to enjoy living in your home. An HOA's guidelines must be within the boundaries of support for you to enjoy a "quiet and peaceful" ownership right. No, that doesn't mean silence and militant order, but rather without harassment and overbearing oversight to your living habits. Otherwise, lawyer up!
That being said, I presume you're not in an "age restricted" neighborhood, whereby it's meant for those of a certain age and over (like 55). So, I assume there are other families there with little kids and little kid stuff. Drive around and see if you see similar to you, note the address and keep it handy. What you're doing here is citing other acceptable examples within the HOA's footprint. But it sounds like you HOA already knows this and telling you not to worry. There comment/suggestion also makes me believe they've had issues with this neighbor of yours already in the past.
I like the idea of recording the neighbor when they're doing this. Make sure they see you recording them too. That'll send a clear message.
Find out everything you can about him online, don't just rely on what the police and neighbors tell you. Also pay for a criminal background check.
Not bad advice.
I still think that asking him what he is doing is acceptable behavior, especially if he is not in his own yard.
It is not acceptable for him to photograph your children without your consent.
And, your HOA rules are likely posted online, or you should have received a copy of the rules when you bought the house. You might double check to find out if you are inadvertently violating something. In our experience, if you violate, you'll get a notice. If you haven't gotten a notice from the HOA, then I suspect you are OK in that respect, but you need to know why your neighbor is photographing your house.
You need more info before you make another police complaint.
No, and no. Sorry my Friend!
Photographing private property from within the public domain is not illegal, with the exception of an area that is generally regarded as private, such as a bedroom, bathroom, or hotel room.
If you are on public property, you can take pictures of private property. If a building, for example, is visible from the sidewalk, it’s fair game. So, if you are in a public area (street is a public area) your photo can be taken without your permission. There is no special rule for children. Children do not have more privacy rights than adults.
You can take pictures of the portions of private property that are readily visible from public right of way. Believe it or not, it is legal to take photos of the lawn, front porch, and even the inside of a home that is visible through windows viewed from the street.
It is also perfectly legal for strangers to photograph or videotape your child, and they are free to post or publish the images as well. The legal principle that allows publishing and circulation of photographs and video images of children is the First Amendment.
Think all child molesters are "pedophiles"? Think Again. Estimates show that 90% of sexual abusers are not strangers at all, but rather trusted relatives, friends, or teachers.
As an amateur and hobbyist photographer, I am going to side with this guy, although I do understand and sympathize with the right to be left alone on your own property.
I am a lover of all things photography and I take photos, in a non-"paparazzi-esque" manner mind you, in public all of the time of things and such which I see and want to remember. This is my right to do, and I don't think it's rude and (again I'm not doing so in a "paparazzi-esque" manner) I don't have much patience for people to judge me as a "pervert" or to be all paranoid about their child's "safety" with such things. That is an insult to me personally and I'm not one to let my photography be tainted by such things when I know them to be false. I also, double egads, use an SLR most of the time for this, and phooey on this nonsense of it making people nervous. SLRs take better photos than phones or point & shoot models and are more readily designed towards "enthusiast" usage with their readily-accessible control layout, I'm not going to use an inferior camera because people are nervous over something that silly.
I have noticed a surge in paranoia about this in recent years, thanks to Facebook I would presume, and frankly my response is basically along the lines of are we all turning into the Amish or something? What in the world is a photograph going to do to you or your child, steal your soul? Violate your privacy? In public, you have no privacy, it is that simple. It is NOT going to lead to your child being abducted in 99.97% of situations, and 0.003% is not enough of a reason for the photos to stop. To me, if you're at a party and someone is in a custody dispute with a crezy ex and is worried about being found out about, the onus is on THEM to remove themselves from situations such as birthday parties etc where photos are likely to be taken by others, not for everyone else to have to operate under a "chilled atmosphere" and for those of us who like taking photos to now ask everyone's permission for something so petty. I'm fine with not "tagging" someone on Facebook, in fact most times I don't tag anyone anyway, but I'm not required to act like I'm on Amish property and not take any photos at all or go asking everyone's permission 3029 times.
Again, understand, i don't get all in people's faces, but I do take photos in a "general" sense when I see an opportunity. If someone says it makes them uncomfortable and I can easily "frame around them" I do so, and again I will also not "tag" them most times, but I'm not going to put my camera away altogether, and if I'm compelled to because it's private property, I'm likely to never go there again. There is one exception--our local gym's pool, I don't take photos there, there's nothing compelling there photographically-speaking (I never see any cute things kids are doing and I don't have my kids with me) and it's private property.
However, nearby we have this fountain which sprays water and kids and adults alike run all into it acting silly, it's in the downtown city area. I take photos there all the time of people I don't know as it's interesting to me photographically, and I will continue to do so. At the lake, I take "overview" photos all of the time. Sometimes a child will see me taking photos of my child and they will "ham it up" and ask for me to do the same to them. This happened just a few days ago at a Chick-Fil-A, my kids had been playing with this child in the playground and when I proceeded to take photos of MY CHILDREN the other child got into the frame and said "take one of me too" and I did so. I am NOT going to tell them "no" because their parent is paranoid. I appreciated that this mother had no problem with it, I said to her "your child just couldn't help themselves" and they smiled as well. If the parent asks me to stop, I'll assure them I mean no harm and was entertaining the child's joy in what I was doing and no one will be "tagged," if the person continues to be ugly then at that point I'm going to suggest they remove their child from the situation as I have the right to photography anything my eyes see. I will say so gently, but firmly.
Again, I do recognize that in this situation we're talking about a person's house and I do wonder if they're trying to be a "snitch" about HOA rules, and if that's the case yes that's rude. I just wanted to weigh in on this idea that someone taking photos in PUBLIC is somehow a "creeper" or such. Nonsense. They're a photographer, plain and simple, and (especially if they're not doing such in a "paparazzi-esque" manner) they're doing nothing wrong not only legally but morally as well. This is not Amish country, people.
You really should ASK PERMISSION before taking photos of someone's home or family, regardless what the law allows.
To do otherwise shows a total lack of class.
No it does not. The one being so paranoid about a PHOTO is the one with the issue, if something this innocuous bothers them that much they need to check themselves into Belle Vue or whatever passes for such in the area, or move into Amish country where everyone is the same as them.
Again, I understand not being all "paparazzi-esque" and getting all right in people's faces, and if someone NICELY asks you to "frame around them" and doing such won't significantly alter things, then yes do that. I also understand gym lockers and such. However, that one person who said they were at a birthday party and were careful not to take photos of other's children, that's silly, I'm not doing that, especially at my own child's birthday party with other kids jumping in and "hamming it up" for my benefit and for theirs. That is the most innocent thing in the world and adults who make something out of it are doing nothing but spoiling innocent fun for everyone else over what is total paranoia.
I had to explain this to my mother. She was at a wedding and a hired photographer snapped a photo of her dancing with her niece. A cousin of mine posted this to Facebook, and this person neither "tagged" my mother (she has no Facebook), her name wasn't mentioned, she wasn't even called "Aunt Jane." My mother found out about it and about blew a headgasket. I explained to her (a) the photographer was hired to cover a wedding and that's what he was doing (b) you were at an event which you KNEW was going to involve a lot of picture-taking so picture-taking is part of what you accept in attending such an event (c) the poster did not violate your "privacy" legally and (d) you're making a big deal out of nothing and to try and find out who posted the photo and making such a stink out of nothing is basically making a "donkey" out of yourself. The photographer taking the photo and my cousin who posted it, they meant no harm and you're making a big deal out of nothing.
Same here. This isn't Amish country. A photograph isn't going to steal your soul. You're in public and people can take photos of anything and anyone their eyes can see. It isn't illegal and it isn't rude either. Suck it up or stay inside 24/7.
The photos themselves, used the old way (passed around among people who know the participants, whether passed around in paper or digitally) is not the problem.
You yourself already pointed out the ogre: uncontrolled Internet distribution. Facebook is only one such avenue.
Just because you CAN doesn't make it right. Someone CAN belt you a good one and smash your equipment if you insist on being "right". Sure, that is two wrongs, but if you push the boundaries, don't be surprised to get it back in turn.
The photos themselves, used the old way (passed around among people who know the participants, whether passed around in paper or digitally) is not the problem.
You yourself already pointed out the ogre: uncontrolled Internet distribution. Facebook is only one such avenue.
Just because you CAN doesn't make it right. Someone CAN belt you a good one and smash your equipment if you insist on being "right". Sure, that is two wrongs, but if you push the boundaries, don't be surprised to get it back in turn.
And I am telling you that even the "fear" of Internet distribution is silly. This idea that if the photo is anywhere but on your mantle it's somehow "spooky" or "weird" or "dangerous"--that's just silly. I typically advocate for respecting people's feelings, but that whole fear of such is just silly and to expect that I or anyone else should have to work around that is expecting people who have brains to cater to those whose skulls have nothing but air in them. Sorry, smart wins over stupid in my book.
And yes, threaten to smash my equipment, well I hope you have at least $500 on you, because you're going to be paying up and possibly spending the night in the "clinker."
And I am telling you that even the "fear" of Internet distribution is silly. This idea that if the photo is anywhere but on your mantle it's somehow "spooky" or "weird" or "dangerous"--that's just silly. I typically advocate for respecting people's feelings, but that whole fear of such is just silly and to expect that I or anyone else should have to work around that is expecting people who have brains to cater to those whose skulls have nothing but air in them. Sorry, smart wins over stupid in my book.
And yes, threaten to smash my equipment, well I hope you have at least $500 on you, because you're going to be paying up and possibly spending the night in the "clinker."
What you think is irrelevant. I don't care who you are if someone is having a medical crisis you shouldn't be taking pictures. I also don't care about your equipment.
What you think is irrelevant. I don't care who you are if someone is having a medical crisis you shouldn't be taking pictures. I also don't care about your equipment.
I agree about being sensitive and not being "paparazzi-esque" but at the same time pictures are taken all of the time of unfortunate events in life. Think of "The Falling Man" photo taken during 9/11.
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Photography Isn't Illegal Nor Rude in My Opinion
