Yesterday, Massachusetts' highest court made the stunning ruling that upskirt photographs are totally legal—and overturned the conviction of a man who was taking upskirt pictures on the T. So now the Legislature is trying to change the law.
The AP reports, "House Speaker Robert DeLeo said lawmakers are racing to get a bill to Gov. Deval Patrick’s desk as soon as the end of the day. DeLeo said he thought the state’s existing laws were sufficient to prosecute those who took 'upskirt’' photos."
Even though prosecutors had argued that people have a "right to privacy beneath his or her own clothes," unfortunately, the Massachusetts Supreme Judicial Court found, "A female passenger on a MBTA trolley who is wearing a skirt, dress, or the like covering these parts of her body is not a person who is ‘partially nude,’ no matter what is or is not underneath the skirt by way of underwear or other clothing... [State law] does not apply to photographing (or videotaping or electronically surveilling) persons who are fully clothed and, in particular, does not reach the type of upskirting that the defendant is charged with attempting to accomplish on the MBTA."
The law is being proposed without a public hearing. Why? DeLeo said, "It’s something which appalls us greatly. We’re outraged by what has occurred and we want to make sure that these types of action are dealt with in our court system and dealt with swiftly."
