Upskirting is a low-down and dirty shame

A recent court ruling in one Southern state has many women outraged about the lack of privacy in what lies underneath their skirts.

In Georgia, apparently anyone is well within their legal rights to film or photograph what’s concealed by a woman’s skirt if she is in a public place like a grocery store, according to a recent ruling by the state’s Court of Appeals.

The actions prompting this month’s ruling occurred about three years ago when a male grocery store employee held his cellphone near the floor and filmed a female customer who was wearing a skirt.

This inappropriate behavior occurred about four times as she shopped.

This disturbing practice is deemed “upskirting,” and despite its suitability by Georgia law, it’s downright desperate, despicable and deplorable.

The man admitted taking the video and was initially convicted in the case. But the higher court, its allegiance rightfully so to the law, overturned the man’s conviction.

A female Court of Appeals justice called the reversal “regrettable.”

“Unfortunately, there is a gap in Georgia’s criminal statutory scheme, in that our law does not reach all of the disturbing conduct that has been made possible by ever-advancing technology,” the female justice said.

A gap, indeed. What this unfortunate case exposes is a law that needs revision to make such behavior a crime.

The whole case turned on the word “place” and the way it’s interpreted.

Georgia’s law defines “place” as a physical location, not a part of the body, according to Associated Press reports.

Additionally, because the recording occurred in a public place, in this case a grocery store, it is not considered private or out of public view.

Legislators need to get this fixed and soon.

Decades ago, this behavior manifested itself with school boys attaching mirrors to their shoes and strategically placing their feet where they could look down at their shoes and peer up a skirt. Widely considered horseplay back in the day, this action didn’t have as many repercussions.

At that time, cellphone and the internet did not exist. These inventions increase the chances of a woman’s private business being uploaded for the world to see.

I don’t understand why anyone would be compelled to behave in such a way. But if I understood this behavior, I’d be just as disturbed.

Until a couple of years ago, this behavior was also legal in Massachusetts and Texas.

The Massachusetts case was set around a 2010 arrest of a man who had used his cellphone to take pictures and record video up the skirts of women taking the transportation authority’s trolley, according to news reports.

Like the Georgia case, the lower court in Massachusetts ruled against the suspect, but when the case reached a higher court, it was overturned.

Days after the higher court’s ruling in 2014, Massachusetts legislators prepared and approved a bill making such actions a misdemeanor and punishable by up to 2.5 years in jail or a fine of up to $5,000. It became law.

Texas has had its own legal tussle with upskirting.

A woman shopping in South Texas in 2014 felt someone’s hand up her skirt. The man filming with the cellphone wore a wig and was disguised as a woman. The woman gave chase and with the help of others in the store, the suspect was detained.

The suspect was taken into custody, but the law banning improper photography was written too broad for a conviction.

In response, an astute lawmaker rewrote the bill and it became law.

“A reasonable society says that your rights to take photographs and video end where your or someone else’s privacy begins,” the lawmaker said. Yes!! There should be no skirting the issue when it comes to legalities.

The practice of taping or photographing what is covered by a woman’s skirt should be strictly forbidden.