CITY HALL — In an attempt to cover a legal gray area, two aldermen are suggesting a ban on revealing "upskirt" and "downblouse" photos made more possible through smartphones.
"This would place a local law on the books to make sure that the privacy rights of all women are respected," said Ald. Latasha Thomas (17th), one of the lead sponsors.
"It's outrageous," Thomas said after Wednesday's City Council meeting, where she introduced the proposed ordinance. "It's against your privacy expectations.
"With the technology of today, we see pictures taken of all kinds of things without your knowledge," she added. "You have an expectation of privacy."
Thomas said that, although she can't say whether there has been a problem with such photos in her ward or citywide, her proposal is meant to address it "before it becomes a problem."
The Chicago Foundation for Women came out in support of the proposal. "We believe that all of Chicago's women and girls ought to be free from sexual harassment and exploitation in all of its forms, including calculated attempts to subvert their privacy," foundation spokeswoman Emily Dreke said Thursday. "To be clear, every person — male or female — should have the right to privacy beneath his or her own clothing."
The foundation commended the aldermen "for anticipating needed updates to our current laws to make sure that all of Chicago's women and girls are able to feel safe and secure throughout our communities."
According to Thomas, the issue came up with a recent ruling by the Massachusetts Supreme Court, which decided that photos taken in public were not subject to the state's "Peeping Tom" laws.
"This is to just clarify the privacy expectations of people given the technology that we have," Thomas said.
The proposed ordinance makes it "unlawful for any person to knowingly make a video record or transmit live video of another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that person without that person's consent."
Violators would face a fine of $500 an offense.
Ald. Edward Burke (14th) joined Thomas in sponsoring the ordinance. Ten years ago, he sponsored a city ordinance banning the use of cellphone cameras in any public "private area" such as locker rooms, bathrooms, hospitals and clinics.
