If they're doing it where you can see it, they're saying "bye-bye" to their privacy rights. So ...

Get yourself a video camera, connect it to your computer, and put them on the web --

LIVE FROM APARTMENT XXX, 123 MAIN STREET!

Charge money for it! Get someone to blog on it! EVERYone will be talking about it.

And once online it will be there forever!

Excuse me but the suggestions to Tom that he record the intimate acts of the people who leave the shades open and put them on the Net were inappropriate and childish. They also don't answer his question. He doesn't want to see this from his terrace and he asked what he can do about it.

Tom: If the super says that coop won't do anything because those people are wealthy and powerful, talk to your lawyer. Maybe you can get their name and send a letter respectfully requesting that they draw their shades. Maybe the letter should come from your lawyer. You can probably at least figure out the apt number and send the letter to "Residents of Apt XX". Or send it to the coop's board. Let your lawyer advise you on this. Another alternative may be to call the police - not to report them but just to ask what you can do.

Respectfully, BP, I'm not so sure that those suggestions were inappropriate. Ever since Rodney King, people have been visually documenting activities they find wrong so that they can furnish such documentation to people or agencies that may be in a position to take concrete action. I don't think that there's anything wrong with documenting those activities and their context. (Though I do think that it would be inappropriate to charge for it!) Get concrete proof to buttress your case.

Also, to AdC, Tom's own co-op board may take issue with him constructing barriers on his terrace.

Do talk to your lawyer, though, Tom. Good luck!

GK - OK, I'm for videotaping things people feel are wrong so they can give it to people or agencies that may be in a position to take action to correct it. What I meant was I'm not crazy about more videos of people engaging in intimate behavior (and charging for it - ugh) on a website. Aren't we overloaded with that kind of stuff on the Net already?

"Aren't we overloaded with that kind of stuff on the Net already?"

(lol) We are indeed.

The problem is who draws the gun first! In your case, your "rich and powerful" are probably unaware that they are providing a free show that may not meet the expectations of the captive audience.

In your case, you may opt for privacy shades in your balcony too! If the site of two lovers is embarrasing because you are concerned for your children or friends when they visit you, then you must limit your view and those of your friends by building your own barriers.

As adults, we can train our eyes not to go in the direction of the Lovers of Verona that would go beyond the balcony scene. Unfortunately, they are in the intimacy of their apartments and they may, e.g., run naked and do other things that may not meet your approval. I am thankful that the problem happens in the view of a few, but not at Central Park where they will be exposed to all as long as the public censors (the police) take them for appropriate violation.

You have a tough one that I'm afraid you will not resolve to your satisfaction.

AdC

While I respect your answer (and have read many of your previous responses)I would like to elaborate a little more. I am of the opinion if you are paying a hefty price for an apartment with a view then you should be able to enjoy it.
(not the case here). You briefly mentioned screens/barriers?this will not work on our terraces. This individulal is very much aware of what he is doing as he purposely opens the shades, has high powered lighting, and tapes his activity. Hate to say it but these are orgies. Should our tenants, guests, and young children be subject to such activity, I think not.

Tom

Tom: Your neighbor "purposely opens the shades, has high powered lighting and tapes his activity" ? Apparently, you see a videocam and more than intimate activity in his apt.

I found some interesting court case notes on the Net. I've copied them below. Read them carefully. It would seem that your neighbor is guilty of indecent exposure, a criminal offense. It would also seem that the answer to your problem is clear. Call the police when activity in your neighbor's apt is going on and let them see it for themselves!

CORE CRIMINAL LAW SUBJECTS: Crimes: Indecent Exposure

United States v. Graham, No. 01-0227 (in order for the indecent exposure conviction to be legally sufficient, the evidence must show the exposure was, among other things, "willful," "indecent," and in "public view." -
exposing oneself while in one’s own house can constitute the offense of indecent exposure, as long as it is willful).

United States v. Graham, No. 01-0227 (there are two distinct types of indecent exposure: (1) exposure in a public place, the very fact of which tends to prove it was willful, and (2) exposure that does not occur in a public place but which, instead, occurs in a nonpublic place such as one’s privately-owned home; the mere fact of this second type of exposure does not prove it was willful, but it may still constitute the offense of indecent exposure if other evidence proves that it was).

United States v. Graham, No. 01-0227 (appellant exposed himself in the bedroom of his home – clearly a nonpublic place; but he did so willfully by inviting his babysitter into the bedroom and then allowing his towel to drop in front of her; in this way, he made certain that an unsuspecting and uninterested member of the general population had no choice but to see him naked; that is indecent exposure).

United States v. Graham, No. 01-0227 (the focus of indecent exposure is on the victim, not on the location of the crime - the offense is committed regardless of whether it takes place in the bedroom or on the street; the purpose of criminalizing public indecency is to protect the public from shocking and embarrassing displays of sexual activities; a person need not be in a public place to be a member of the public).

United States v. Graham, No. 01-0227 ("public place" means a location that is public; and, consistent with a focus on the victims and not the location of public indecency crimes, "public view" means "in the view of the public," and in that context, "public" is a noun referring to any member of the public who views the indecent exposure).

Our House Rules state: "All windows must be equipped with shades, drapes, blinds, or other appropriate window treatment befitting a residential building."

Although our House Rules have been revised several times, the original House Rules would have said something similar and I wouldn't be surprised if other buildings have such a rule. Maybe you could ask the Super across the road to check?

Angela

The problem here is Angela he has them. He just feels it is not appropriate to use them I guess.

Tom

I agree that once its on the Web, its there forever, and you could be moving into very tricky territory.

Have you called in other witnesses. Board Members, neighbors, and manangement.

Go to your local police station. They have a division that can give you advice. Fill out a complaint. And sign it! The record, witnesses, complaint discussions,,, will back up your case.

Document and keep everthing. A one-sentence Email is documentation.

I do agree, that since its obivous they know what they are doing, you could vido tape it for evidence --BUT, do have as many diverse witnesses as possible.

The guy obviously likes to be seen, maybe he feels more powerful on display.
The Board in his building obviously is aware of this and does not wish to confront him due to his status. This plays more into his power in that he can do what he wishes, and when.

Both are guilty of class B misdemeanors and can be held liable. Perhaps if you cited the code (below and linked to) to the Board, and informed them of your intent to file formal complaint and charges, in addition to suing each of them corporately and individually for breaching their fiduciary duties as a Board member, this alone will be enough to make them move to action. If not, follow through.

the information you need is below, with a link to its source.

ARTICLE 245
OFFENSES AGAINST PUBLIC SENSIBILITIES
Section 245.00 Public lewdness.
245.01 Exposure of a person.
245.02 Promoting the exposure of a person.

http://caselaw.lp.findlaw.com/scripts/getcode.pl?frame=right2&code=NY&ls=claws&law=82&art=61


Good Luck,
~AR

How about if it bothes you, DONT LOOK. I am sure he, she they dont go forever.

It really does not bother me but we have a lot of shareholders that have terraces on that particular side of the building with very young children. Should I not be able to enjoy a nice quiet evening on my terrace without seeing this. I think so.

Tom

Tom, sorry. Didn't mean to sound the way it did. Guess you have to be in that position (no pun intended) to see the gravity of the issue.
Kids are always a factor that need to be protected. If it was me I would take a few pictures and post them around the neigberhood.
Pg

Please, remember that the Lovers of New YOrk (sorry, for locating them in Verona) happen to be in their own apartment and in their own bedroom.

For other people to take pictures and other form of filming may get them in more trouble than the intended purpose. If there is anything to be done, call the police, consult your own attorney now that AR has given you some very valuable information.

First, I am confused because if they are in the their bedroom, only perhaps two to four terraces (not a lot of terraces) will have the priviledge of what are considered "orgies" during unpredictable hours of the night since they using bright lights. Only apartments in direct line with the apartment's bedroom in question can see the inside of another apartment, unless the orgies happen to be in the fire escapes, at the terrace edge or by the windows.

Although, Tom, you read my answer before and found it a bit insensitive, I also find your problem a bit like being disturbed by the sight of a bee polynating a flower when you are standing at the rim of the Grand Canyon.

Your terrace with the view, seems to have more attraction around than the brick structure across the street, 50 - 100 ft away, from your building and the two individuals conducting an orgy across the street.

So, act discretely and make your actions concrete.

AdC

While I respect your answer, am I not correct (and all others) in saying that I should be able to sit on my terrace without seeing "this show". One has to remember that there are a lot of sharholdres with young children in the building and they may be not aware that little"Johnnie" and "Mary" looked out their bedroom window and guess what they say. Would this not have a physchological effect on the children. And just to throw it out there, this is not a husband and wife/girlfried.

Tom