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Goosen v. Walker

District Court of Appeal of Florida, Fourth District
Jul 22, 1998
714 So. 2d 1149 (Fla. Dist. Ct. App. 1998)

Summary

finding "[c]onduct that amounts to a persistent course of hounding, harassment and unreasonable surveillance, even if conducted in a public or semi-public place, may nevertheless rise to the level of invasion of privacy based on intrusion upon seclusion."

Summary of this case from Speed v. Northwest Airline

Opinion

No. 97-4459

July 22, 1998

Appeal of a non-final order from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Burton C. Conner, Judge; L.T. No. 96-425 DV 20.

S.D. Fromang, Vero Beach, for appellant.

Ford J. Fegert of Moss, Henderson, Blanton, Lanier Devonmille, P.A., Vero Beach, for appellees.


Appellant and appellees are neighbors who do not get along with each other. They have obtained mutual injunctions against repeat violence in the past. Appellant was enjoined, by the order which he appeals, from photographing or videotaping the appellees or pretending to do so. He argues that the injunction is unconstitutional because it violates the First Amendment. We affirm.

Section 784.046, Florida Statutes (1997) authorizes the issuance of injunctions to prevent repeat violence, which is defined under subsection 1(b) as follows:

"Repeat violence" means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member. (emphasis added)

"Stalking" is defined in section 784.048 (2), Florida Statutes (1997) as follows:

(2) Any person who willfully, maliciously, and repeatedly follows or harasses another person commits the offense of stalking. . . .

"Harass" is defined in section 784.048(1)(a) as:

(1)(a) "Harass" means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.

(b) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct." Such constitutionally protected activity includes picketing or other organized protests.

At the evidentiary hearing, the testimony showed that appellant had videotaped the appellees on two to four occasions during the preceding four months, when the appellees were in their own yard or the adjoining area. We are satisfied from that evidence, as well as other evidence, including appellant's explanation of why he engages in this conduct, that there is evidence to support the finding implicit in the injunction that his conduct constitutes stalking.

In regard to appellant's argument that his conduct is constitutionally protected, we find Wolfson v. Lewis, 924 F. Supp. 1413 (E.D. Pa. 1996), helpful. In Wolfson the issue was whether freedom of the press entitled television reporters to repeatedly videotape the subjects of an investigative news story. The court granted injunctive relief prohibiting reporters from invading the privacy of the plaintiffs, with or without cameras, explaining:

Conduct that amounts to a persistent course of hounding, harassment and unreasonable surveillance, even if conducted in a public or semi-public place, may nevertheless rise to the level of invasion of privacy based on intrusion upon seclusion.

In Bouters v. State, 659 So.2d 235 (Fla. 1995), the Florida Supreme Court concluded that conduct which amounts to stalking under section 784.048 is not protected by the First Amendment:

While the First Amendment confers on each citizen a powerful right to express oneself, it gives the [citizen] no boon to jeopardize the health, safety, and rights of others. Operation Rescue v. Women's Health Center, Inc., 626 So.2d 664, 675 (Fla. 1993), cert. denied, 510 U.S. 1092, 114 S.Ct. 923, 127 L.Ed.2d 216 (1994), aff'd in part sub nom. Madsen v. Women's Health Center, Inc., 512 U.S. 753, 114 S.Ct. 2516, 129 L.Ed.2d 593 (1994), on remand, 644 So.2d 86 (Fla. 1994).

659 So.2d at 237. See also Rae v. Flynn, 690 So.2d 1341, 1343 (Fla. 3d DCA 1997) (affirming an injunction, and noting that "the trial court correctly exercised judicial restraint in crafting a remedy to accomplish the reduction of neighborhood hostilities by the least restrictive means.")

Affirmed.

SHAHOOD and GROSS, JJ., concur.


Summaries of

Goosen v. Walker

District Court of Appeal of Florida, Fourth District
Jul 22, 1998
714 So. 2d 1149 (Fla. Dist. Ct. App. 1998)

finding "[c]onduct that amounts to a persistent course of hounding, harassment and unreasonable surveillance, even if conducted in a public or semi-public place, may nevertheless rise to the level of invasion of privacy based on intrusion upon seclusion."

Summary of this case from Speed v. Northwest Airline

concluding the appellant's conduct of videotaping his neighbor constituted stalking that served no legitimate purpose and was not constitutionally protected conduct

Summary of this case from Lehnerz v. Christopher

concluding that the defendant's conduct of videotaping the neighbor constituted stalking and was not constitutionally protected conduct

Summary of this case from State v. Thomas

concluding that the defendant's conduct of videotaping the neighbor constituted stalking and was not constitutionally protected conduct

Summary of this case from State v. Goldberg

upholding injunction where one neighbor had "videotaped [other neighbors] on two to four occasions during the preceding four months, when the [other neighbors] were in their own yard or the adjoining area"

Summary of this case from Owens v. Owens

upholding an injunction preventing videotaping of neighbors and rejecting the notion that the injunction prohibited a form of free speech; stating that "`[c]onduct that amounts to a persistent course of hounding, harassment and unreasonable surveillance, even if conducted in a public or semi-public place, may nevertheless rise to the level of invasion of privacy based on intrusion upon seclusion.'"

Summary of this case from Animal Rights Found., Fl. v. Siegel

affirming a judgment under section 784.046, Florida Statutes, that enjoined neighbor from photographing or videotaping his neighbors

Summary of this case from Blaylock v. Zeller

recognizing that engaging in repeated surveillance of another person can constitute the tort of invasion of privacy—intrusion upon seclusion

Summary of this case from Jackman v. Cebrink-Swartz

recognizing that engaging in repeated surveillance of another person can constitute the tort of invasion of privacy—intrusion upon seclusion

Summary of this case from Jackman v. Cebrink-Swartz

In Goosen, this court concluded that the appellee's conduct in videotaping his neighbors on two to four occasions during the preceding four months constituted stalking.

Summary of this case from Austin v. Echemendia

allowing the enjoining of videotaping by the person being videotaped upon an evidentiary showing that the conduct rose to the level of stalking

Summary of this case from Animal Rights Found., Fl. v. Siegel
Case details for

Goosen v. Walker

Case Details

Full title:HENRY GOOSEN, Appellant, v. MARY WALKER and MARTIN WALKER, Appellees

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 22, 1998

Citations

714 So. 2d 1149 (Fla. Dist. Ct. App. 1998)

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