Cobb County Superior Court Judge Robert Leonard ruled last Friday that a former housekeeper who filmed sex with former Waffle House CEO Joe Rogers had violated his privacy. The housekeeper, Mye Brindle, alleged that Rogers forced her to perform sex acts as a condition for her continued employment.
Brindle made 15 audio recordings and kept a Clintonesque piece of evidence — a towel with Rogers’ DNA.
It is an interesting case since Brindle was a part to the act. However, Rogers did not consent to the filming or the showing of the act to third parties.
Rogers, who is married, still serves as chairman of the company’s board of directors.
There is an allegation that the woman’s attorneys sent her to a private investigator’s office where she was given a spy camera used to record Rogers in his bedroom without his consent. Now there is a question of possible criminal charges, including charges against her counsel who has declined to recuse themselves. There is a motion to disqualify David Cohen and John Butters. Cohen however insists that “We did not advise her to go film him.”
Georgia has an interesting standard for such recordings. It is a one-party consent state for recording: “16-11-66. (a) Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.” However, it makes it a crime to use a hidden camera without the consent of all parties”
It shall be unlawful for:
(1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place;
(2) Any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; provided, however, that it shall not be unlawful:
(A) To use any device to observe, photograph, or record the activities of persons incarcerated in any jail, correctional institution, or any other facility in which persons who are charged with or who have been convicted of the commission of a crime are incarcerated, provided that such equipment shall not be used while the prisoner is discussing his or her case with his or her attorney;
(B) For an owner or occupier of real property to use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are on the property or an approach thereto in areas where there is no reasonable expectation of privacy; or
(C) To use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are within the curtilage of the residence of the person using such device. A photograph, videotape, or record made in accordance with this subparagraph, or a copy thereof, may be disclosed by such resident to the district attorney or a law enforcement officer and shall be admissible in a judicial proceeding, without the consent of any person observed, photographed, or recorded;
(3) Any person to go on or about the premises of another or any private place, except as otherwise provided by law, for the purpose of invading the privacy of others by eavesdropping upon their conversations or secretly observing their activities;
(4) Any person intentionally and secretly to intercept by the use of any device, instrument, or apparatus the contents of a message sent by telephone, telegraph, letter, or by any other means of private communication;
(5) Any person to divulge to any unauthorized person or authority the content or substance of any private message intercepted lawfully in the manner provided for in Code Section 16-11-65;
(6) Any person to sell, give, or distribute, without legal authority, to any person or entity any photograph, videotape, or record, or copies thereof, of the activities of another which occur in any private place and out of public view without the consent of all persons observed; or
(7) Any person to commit any other acts of a nature similar to those set out in paragraphs (1) through (6) of this Code section which invade the privacy of another.
I still hang on the premise put up by Richard Least Heat Moon in “Blue Highways”. The quality of the food will be proportional to the number of calendars one sees displayed on the walls. At the places where management is accountable to their neighbors they hang every calendar they are offered to avoid offense. They aren’t offered calendars, and they don’t stay in business if the food isn’t good. These bible belt corporate slop houses are terrible, and there is always the danger they’ll find out I’ve come on a special occasion, and I’ll be surrounded by adolescent idiots singing some idiot song while wearing idiot hats. (or banging spatulas)
Mike… It’s great to drive and park… I promise that… You’re correct… Storage is an issue… But with a 10 gal tank…. That’s the beauty….
I had only been to Louisiana once but didn’t get down to NO. If ever I am there, I’ll check them out.
For me the sign of a “real” restaurant is where the locals go.
Geeze Mike… I shoulda contacted you when I bought the Fiat….. It’s a pretty cool car….
AY,
It is a VERY cute car. I’d get one but not for the 1300 mile road trips I take twice a year. Too much baggage.
Actually Mark I believe it was the CEO that “Knocked her Up” in the morning. The CEO prays I am talking about the British meaning not the American.
Smom,
Yeah, both places usually have a wait, but that’s pretty much every breakfast spot in N.O. – lots of post-party hangovers to quell with starches and fat. 😉
I wonder: Did the maid have to wake up our Waffle House CEO with clanging spatulas and ear splitting greetings of GOOD MORNING!!!?
Ah, grave concerns about the privacy for the elite. For the rest of us peons-not so much.
What an oligarchy?
Gene H, Went to the Camellia grill last summer….. interesting little place with quite a long wait. Nick, you can always try a waffle taco in austin, Tx http://www.google.com/imgres?imgurl=http://4.bp.blogspot.com/-oX6kObMYMBA/UYb56gLN7OI/AAAAAAAAEk4/P9dBoaA1GV8/s320/photo-798139.jpg&imgrefurl=http://greenolivemedia.blogspot.com/2013/05/torchys-tacos-austin-tx.html&h=1600&w=1138&sz=267&tbnid=b6W6Fxw-rVhl1M:&tbnh=90&tbnw=64&zoom=1&usg=__u9Op_6vsHEG66IUYjLOFEi6a2SE=&docid=6Q0X7RGEq8xFqM&sa=X&ei=nQPCUZazD6WzygGgiYCACA&ved=0CG0Q9QEwCg&dur=62
Darren,
If you’re ever in New Orleans, try the Camellia Grill at Carrollton Avenue and St. Charles. Or if you want a real authentic N.O. experience (as in you can get a Bloody Mary with breakfast any time of day), try Betsy’s Pancake House on Canal (mid-city outside the Quarter). The CG makes a lot of Southern breakfast classics, but the locals line up for Betsy’s pancakes.
Darren, I chose to give up one of my favorites, pancakes, because of diabetes. I’ll bet Smitty’s is great. Pancakes and sausage..heavenly!
There is one exception, and that’s In and Out Burger. Not because they Dude and his crew ate there. It’s a regional chain[West Coast] that makes great food to order, treats and pays their employees well, and provides health insurance. I’m not anti corporate, I’m anti bad corporations. There are some great corporations[very few in the food industry] and there are some great wealthy people. “Always look on the bright side of life.”
AY, You are correct, Bubba liked Waffle House and Krispy Kreme. I don’t like Waffle House, it’s too much like they have trained robots. Everything is done EXACTLY the same way and everyone is too sweet. Control freakish and phony. Anyway, I always support local businesses, diners, coffee shops, restaurants. Only go to corporate places when there’s no option..maybe 10% of the time. I’m diabetic and sometimes I have to eat.I don’t make a big deal or get on a soap box, I just live my life and spend my money that way. To each their own.
As for my breakfast interests I’ll take Smitty’s Pancake House in Wenatchee over anything out there. The Pancakes especially.
What Malisha said. In this CEO’s case, “Be careful what you wish for.”
Of course this is “easy for me to say” but I woud suggest she go forward with her evidence and her suit against him and when charged with violating the “don’t film sexual assaultive predators because they like their privacy,” her defense counsel should call the poor private CEO as a witness and make him go over in great detail everything she FILMED and insist upon the jury getting every bit of evidence about every single bit of it.
AND throw a defense expert up there to talk about coercion and sexual assault and make the biggest, loudest, most viral defense possible. THen he can deal with it while the defendant serves her time.
Mike:
If you like the Waffle House then I hope gets a half share and keeps it open.
Mike Spindell:
You eat omelets with cheese and bacon? What does your wife say?
“You eat omelets with cheese and bacon? What does your wife say?”
Bron,
Only when on the road. At home I eat plain oatmeal. I need to enjoy myself a little sometimes since I’m not able to eat 2 of my 3 favorite foods, which are Lox and Sushi. Even with my 3rd favorite Rib Steak I have to eat it medium rare, rather than black and blue.
Darren sez:
“Bet the next shareholder meeting will be interesting.”
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Darren wins the Internets for today!
Darren,
He might come out ok….this is Georgia…. Where a sheriffs candidate or something like that admitted to have sex with his mule…. Or someone else’s ass…..