No video
State Employees Claim Patient Privacy
SC Department of Mental Health
Administration Building
2414 Bull Street
Columbia, South Carolina 29201
R. Alexander Pate
Attorney Office of General Counsel 803-898-8314
Tracy LaPointe
Public Information Officer 803-898-8581
State v. Hanapole (1970) Supreme Court of South Carolina
SC Trespass Statute applies only to private property, and has no application to
public property absent a crime.
Пікірлер: 674
Public servants get so comfy in their job that they forget that they work for the public! This was disgusting!
@markhaufekai8172
11 ай бұрын
❤ agreed ❤
That lawyer needs to be dis-barred!! What an idiot, and who in the hell does she think she is? Sickening!
@GreyKnight7777
Жыл бұрын
Yeah, brainiac. It's the lawyer who has the law wrong, not the dropouts with cameras.
@NikonShooterPC
Жыл бұрын
Where do you think the “C” level attorneys end up? Bottom of the barrel get low paying public servant jobs.
@janewaterfield648
Жыл бұрын
Oh shut up.
@tamtheman2099
Жыл бұрын
the lawyers parents are due 95% of the fees they paid to the law school, he learned nothing
@chaunceygardener5098
Жыл бұрын
@@GreyKnight7777 you government bootlickers are so obvious and pathetic
Well done sir!!! Thank you for standing up for our rights!!!!
@Brentnotbent
11 ай бұрын
You don't have a right to go wherever you want whenever you want.
@chuckbrown5035
11 ай бұрын
@@Brentnotbent but you do have a right to go in public subject to time ,place and manner.
A lawyer who doesn't know basic law than we wonder why there's so many people in jail🙄🙄
Masterfully done, Sir. Thanks greatly for your work.
Information should not be where citizens can see them with or without a camera. Public Lobby is PUBLIC!
I have taken HIPAA training every year since 1999 & it makes me angry to see these Healthcare works "misquote" HIPAA🤯 None of my training said anything about a persons image, its about PHI info, medical records & insurance info PERIOD!
@GreyKnight7777
Жыл бұрын
Sounds like you were either improperly trained, or are simply lying about your training. I'm an RN and I was told all about prohibitions on recording in a hospital in my first semester before my first clinical rotation.
@sgtgrumpy13
Жыл бұрын
Your right. But the persons image falls under The Family Privacy Protection Act. I posted the link to the code of laws.
@Brentnotbent
Жыл бұрын
You can record yourself or your family visiting you and staff, you cannot record other patients. Anyone can sue you for anything, best not not tempt that one dude with enough money to ruin your life from suing you for recording him against his will while getting healthcare.
@Moleinhole
Жыл бұрын
So what your name GOOD CITIZEN LADY!!! Please got a life!!! Did you not hear this Jackwagon video and audio a woman at the window!! Is that this Jackwagon business???
@lady4real75
Жыл бұрын
@GreyKnight7777 so your saying what exactly?
Keep recording these dirty schlubs, and file a complaint against these incompetent public servants. Do a revisit soon. Great reporting.
If he's a lawyer then I'm a billionaire 10 fold!! I can't imagine how he could represent a fly!!! So so very ridiculous.
Sjvr sent me. Respect to you, sir, for standing your ground. I'm an implant to SC and deeply concerned with how you were treated.
@chuckh4077
11 ай бұрын
God sent me.
Anyone who has that guy as a lawyer be prepared to lose your case
@Jumpersplace
Жыл бұрын
Kinda reminds me of Elmer Fudd in the off season... ¯\_(ツ)_/¯
@davesmith9680
Жыл бұрын
The government hires the bottom of the barrel.
@rosek4180
Жыл бұрын
Yet another example of the brilliant lawyers who work for the government because they’d never make it in private practice.
@Angel-nz3uo
Жыл бұрын
FACTS
@oooooollllllll
Жыл бұрын
fun fact frauditors have never won a case ever.
Holy cow!!! The lady in the green top the rudest public servant I have seen in a very long time. And what is up with the attorney not knowing that there is no privacy in public. Wonder where he got his law degree.
@DylansPen
Жыл бұрын
Yeah they had an actual attorney there that didn't know the law. And the woman is beyond ignorant of law yet she thinks she's the authority of the solar system.
@SkyGod1964
Жыл бұрын
She was a Karen Extreme!
@ryulee458
Жыл бұрын
Exactly😂😂😂😂😂
@trishahines1298
Жыл бұрын
This was the second audit I have seen done on this place and they have learned absolutely nothing since the other auditors were there. She was just as rude and ignorant as b4!!!
@queenbee8235
Жыл бұрын
Same place public defender's get their law degree 😂😂😂 out of a cracker jacks box lol
SOMEBODY GOT THIER BUM HURT !! STAND YOUR GROUND !! GREAT WORK !!
That lady is now questioning your mental health and wellbeing, that is an assault.
State government private property? That is one of the most oxymoronic statements I've ever heard!
@julesnagbunga1204
11 ай бұрын
Fort Knox belongs to the public. Try auditing there!
@LiveBD.50
11 ай бұрын
@@julesnagbunga1204 Military bases are restricted areas!
Looking forward to the follow up!
The lawyer needs to be fired and all of them dont know the law an constitution
I love how neither cop would trespass, or threaten to arrest him.
Cool 😎 afternoon video BD. Interesting choice of location. Very exciting, thought provoking, gave a point of view of a different perspective. Very cool 😎. 👍☕✌️☮️🌞
As I said earlier, just found your channel, bing watching now. That was absolutely awesome. Once the police realized they would be in trouble for ordering you to leave, they shut up. The lawyer at some point didn't want to answer any questions because he knew he was on video. That was funny as hell. Looking forward to another visit . By them they should know the law.
The law that they're referring to title 44. Is written for patients. That will not leave the facility.
@sherwoodtidwell5606
Жыл бұрын
Are at least I think
@pauljeffriordan
Жыл бұрын
Thanks
@Brentnotbent
Жыл бұрын
It's to protect the patients.
@HagbardAntonWilson
Жыл бұрын
yes to protect the patients and the facility has the right to apply protocole/reglementations in order to protect them , which include preventing people from filming in public areas of the facility where they might encounter a patient ,,, or do you expect EVERY SINGLE PATIENT to be proceeded by an employee to pass before them into EVERY corridor/toilet/bureaux/ Drs waiting room etc etc etc etc ... to make sure there is no one filming ???
@sherwoodtidwell5606
Жыл бұрын
@@HagbardAntonWilson I don't think we're on the same page
State government private property😂😂😂 apparently some employees need to obtain their own services
@HagbardAntonWilson
Жыл бұрын
yep gouvernement private property ,, go audit the pentagon/ white house and area 51,,,idiot.
“State Government is private property.” 🙄 Ego Rules Here 🤴. 🗽⚖️📜
If you want privacy go home and draw your curtains, karen
Don't ever put a blue line on the American flag and degrade the flag
Keep up the great work calm cool and knowledgeable
Clearly, the patients are running the asylum.
Danm fine job dude. Now we all go back.
THE IGNORANCE OF THESE PUBLIC SERVANTS IS ASTOUNDING!!! #GODBLESSU #GODBLESSUS #GODBLESSUSA🇺🇸
I think those two are actually patients.
If someone is there in the capacity of an employee they don’t have the right to privacy. Hippa is for her not for the public.
Obviously when they don't want to be transparent that means that they're doing something illegal
@GreyKnight7777
Жыл бұрын
Wrong and hilariously uninformed.
@Brentnotbent
Жыл бұрын
Yes, so much illegal shenanigans happens in lobbies. I bet there are tons of patient files and illegal tax receipts hidden in the cushions of those chairs.
@ryulee458
Жыл бұрын
@@Brentnotbent yeah you sound like a bootlicker
@HagbardAntonWilson
Жыл бұрын
@ryulee458 ^^ yes , and the guy filming who refuses to identify himself is not being transparent^^
File complaints and do a revisit. Make sure they're educated and check them fools
Its always the city attorney that dont know the law
The lunatics have taken over the asylum
Something tells me that attorney secretly hates that woman
Forum analysis only deals with speech, not access. A public lobby that is publicly accessible is normally a non-public forum. An auditorium inside the public building that can be used by the public is a limited public forum. When we say 'non-public forum', we mean that its purpose is not for public speech, the more expressive the speech the more likely the government can make reasonable restrictions to limit it within non-public forums as long as those restrictions are viewpoint neutral. The question becomes, how expressive is recording? The answer is... not expressive at all.
Next time bring in law codes an definition of public areas
Well thank God though Leo didn't go hands on like they wanted him too....the city attorney is going to cost the city one of these days ..
@LiveBD.50
Жыл бұрын
Yes, the LEO's showed a lot of restraint thankfully, hopefully next time a photographer comes in the lobby the attorney and FOIA Officer stay upstairs.
Thank you for fighting for our right to video record and take pictures in public.📸📱📹🌍💯 #Photographyisnotacrime
@SkyGod1964
Жыл бұрын
It's not just about the right to photograph, freedom of press, it is about protecting ALL of our rights. It's just that this particular one is easy to exercise/practice/test without too much fear of being shot.
@Brentnotbent
Жыл бұрын
Once it's a healthcare facility, it's not public anymore.
@photofreeamerica6036
Жыл бұрын
@@Brentnotbent you might want to do more research on that it doesn't matter if it's a healthcare facility or not if it's run by tax dollars it makes it public property
@HagbardAntonWilson
Жыл бұрын
@@photofreeamerica6036 yeah , go audit the pentagon or the white house
@Brentnotbent
Жыл бұрын
@@photofreeamerica6036 it does not. There are many places that are strictly off-limits that are paid for by tax dollars. Being a state agency does not make you immune to HIPAA.
I can’t believe she said that! She works in a mental health facility and tries to act like you need mental health help because you are trying to get public records? She needs to be fired asap. And the thing she was reading about taking digital photos, it sounded to me that law/policy was for the staff not the public. Only they can violate HIPPA
That compliance officer needs to be FIRED!!! What a GIANT WASTE OF TAXPAYER MONEY TO GIVE THAT WOMAN A PAYCHECK EVERY MONTH.
23:14 - "...causing a scene." No, no, no! It isn't a person's fault that others refuse to accept the truth!
@tudorjason
Жыл бұрын
@@IBackTheBlue100 Okay, I guess I have to conclude on my own why you cited that Case Law. Time, place, and manner? Let's see. During business hours, front lobby, where people shouldn't have an expectation to privacy, and as polite as possible while trying to make thick-headed public servants understand that the People have a right to know what public servants do and how tax dollars are spent.
@tudorjason
11 ай бұрын
@@IBackTheBlue100 Okay, so disorderly conduct started when he didn't want to leave, and they wanted him to leave because they didn't like him recording on the property. Aside from saying No to leave, what was disorderly? Because the reason they wanted him to leave was not lawful. "You're exercising your Constitutional rights on property the taxpayers paid and have a right to come if they have business, but we don't think you exercising your freedoms is business and we don't like the act, so we want you to leave!"
As a fellow South Carolinian, I am very proud of this man's work, I plan on sending this to other channels to highlight his work...
@bradswadpad8731
Жыл бұрын
Shitt yea. This man has balls to just walk around and speak the truth. As a proud hard working Carolinian I too am impressed to how he settled the situation as a 1st amendment and we'll educated man to stand up for his rights another proud soldier. You deserve out attention. Please fix the state police as they are very corrupt in Lexington County. God bless you sir🎉
@zedwpd
Жыл бұрын
@@skyvoyager5885 he's just in the lobby. relax. If it's within his rights why are you butt hurt. If you don't like what they are doing why do you watch the channel?
@IrishOne-dz1hk
Жыл бұрын
@@skyvoyager5885 LOVE it
@erikagerstner6591
Жыл бұрын
Love it too but hey won’t go till they end and sued
@johnjames4567
Жыл бұрын
@@skyvoyager5885 how is he disrupting the mental health facility?
That was awesome...Never lost your composure with that dimwitted lady, smoked the lawyers ass as he was awfully quiet..and MOST IMPORTANTLY...kept the cops at bay..Truly a perfect audit. I'm an old white guy from Canada, but I love music and this seems like 1990's MC Hammer "U Can't Touch This" should be your motto..There was literally nothing they could do but observe...Absolutely paralyzed them..
Public servants just don't have a clue who they work for, sounds like they're the patients 🤬
CANT wait for the FOLLOW UP.
SC Title 44 - 11-75 (A) It is unlawful for a person without legal cause or good excuse to enter on the premises of a state mental health facility after having been warned by the facility director or, in his absence, by the director's representative, in writing, within the six months preceding not to enter on the premises. So they have to have trespassed you within the past 6 months, IN WRITING, and you return "without legal cause or good excuse." Journalism is a legal cause. FOIA requests are a legal cause. Seeking services is a legal cause. And if they trespass you without cause, they are opening themselves up to discrimination lawsuit.
This one said this is state government private property, Who is teaching these Americans English ? And why don't they have comprehension
glad I don't need him for a lawyer
Those employees need to be fired! Sue them and take that lawyer to court and turn him over to the bar association, he can be disbarred for that!
nononononono.....she talks to everyone as if they are her children being scolded.
The privacy ends when the AG wants all the records, there is no more patient privacy.
Counselor is just as mental
Subscribed, the revolution will be televised.
Medical records are Protected... Not faces..... Are they leaving patient information out in the public lobby Viewable by the public?
YOU ARE UN-WAVIERING BROTHER!!!
I think you just gave a FOIA to 2 lunatics, One of them thought he was a lawyer.
"We can ask anyone to leave" He thinks discrimination is ok
@kathleenmann7311
Жыл бұрын
The greeter is ignorant of the law, and very belligerent. She needs to be FIRED. It will soon become illegal to video public employees, considering that SCOTUS is now Bent to the Far Right.
@queenbee8235
Жыл бұрын
@@kathleenmann7311what??? Lol bent to the far right? Trust me if they are "bent to the far right" they definitely won't be taking away our 1st amendment right to film government employees in the course of their duties lol that's some shit the left would pull though.
@GreyKnight7777
Жыл бұрын
Unfortunately for these guys, being an annoyance is not a protected class.
@beachliving3127
Жыл бұрын
@@kathleenmann7311The greeter was the lady sitting behind the desk who never was in the conversation other than to say she was a greeter. The belligerent ones were the first Lady who would not give her name and the FOI representative who couldn’t stop talking. Just saying.
@HagbardAntonWilson
Жыл бұрын
@@kathleenmann7311 "" It will soon become illegal to video public employees "" yeah , and why ,,, because of all of these auto-proclaimed ""auditors"" filming for the sake of filming , they are not protecting anyones rights , thier annoying beligerent, obtuse children ""I can and you can't stop me gna gna gna "" film when you have legitimate business at a gouvernment facility , IRS, DMV etc or when being pulled over by the police ,,, but filming when nothing is going on is NOT filming interactions with gouvernment , it's being an annoying child .
This lady needs to be fired
If that man is a lawyer the woods is running full of them😂😂😂 these peoples crazy keep on keepin on
A lawyer who does not know basic law his family had to be rich
If they ask you to leave, ask them to get off your payroll.
One of the very best videos I’ve seen!!! Brilliant!!
Great job sir! That woman needs to work at target.
she got everybody upset because she wants to be queen instead of a public servant -she needs to know the law
THE FIRST AMENDMENT IS A BEWILDERMENT TO THESE PEOPLE.😐
Criminals with badges, and all government employee's get away with there criminal behaviors. government employee's will do what ever they think they can get away with, including, lies, false arrests, tasing, beating, and even murder, because the courts have given there revenue agents QUALIFIED IMMUNITY for the most part to let them get away with there criminal acts.
This is not real Journalism, it’s called a want to be reporter with nothing better to do.
She couldn't be more condescending. She has zero ethics. A public servant in the mental health field called out your mental health in front of everyone. Good lawsuit and good riddance green shirt!
The law she quoted I looked up and posted here. Way too broad. “Legal cause” and “a good excuse” were given. A limited public forum has never applied to the press being quiet and peaceful. It applies to other first amendment things that would be Disruptive to services they offer. All the people that were HIPAA trained really sure do get it wrong. What would be the difference if he stood out in the parking lot and aimed his camera at the front door. Again it’s not illegal. If you want to protect patient privacy you’ll have to have some kind of secret tunnel. But then somebody could go take pictures there. You can’t just have some weird artificial barrier where you’re eliminating cameras. South Carolina 44 11 75 (A) It is unlawful for a person without legal cause or good excuse to enter on the premises of a state mental health facility after having been warned by the facility director or, in his absence, by the director's representative, in writing, within the six months preceding not to enter on the premises. (B) It is unlawful for a person without legal cause or good excuse to fail or refuse immediately to leave the premises of a state mental health facility upon being ordered or requested to leave by the facility director or, in his absence, by the facility director's representative. (C) A person violating subsection (A) or (B), upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
I got a feeling like the patients are running that place😮
HIPAA........ "Photos and videos taken by patients and visitors are not subject to the HIPAA photography rules because the images are not being created, received, transmitted, or stored by a Covered Entity and therefore HIPAA does not apply."
If I was the parents of the guy that is a lawyer I would be made as hell that I waisted my money.
@nikkired5584
Жыл бұрын
🐑
Who is causing a disturbance, a cat walking on a fence or the dog barking at the cat walking on the fence? That woman must get paid by the word because she just would shut up.
i love the fact they all knew except the female employee that they couldnt actually trespass him
I do actually believe the patience are running the asylum
The cops are very poor here. This clown should have been put in cuffs & arrested within the first 5min.
Fire the lawyer as soon as possible. Train your employees. Recommend mental health evaluations for staff. Embarrassing for these employees to have an ego without knowledge.
That digital photo law is talking about her taking photos not us taking photos
Not only is a BLUE LINE ON THE AMERICAN FLAG DISRESPECTFUL IT IS A VIOLATION OF THE UNITED STATES FLAG CODE!!!
@nikkired5584
Жыл бұрын
🤦♀️ Please stop getting your information from these grifters… The blue line flag is not a desecration, for it to be a desecration you would have to take a existing red, white and blue flag & alter it. But even if it was a “desecration” the flag code was deemed unconstitutional in 1989 because it’s considered a violation of free speech!
That lady acts like a patient who is disguised as a staff member!
Transparency and scrutiny against corruption have to be thought as a fundamental value of liberty. GG
30:34 She literally said you should be a patient. You need help. Her words.
First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exercised freely. Such freedom implies the absence of interference from an overreaching state; its preservation may be sought through the constitution or other legal protection and security. The ""freedom of the press"" in the first amendment refers to ""the press"" having the right to PRINT articles and REPORT stories without government interference . It does NOT give people the right to enter government buildings and film what they want. It's about the freedom of the press to say and write what they want ,,, NOT about the freedom of the press to GO where they want ; The supreme court has ruled “[T]he First Amendment does not guarantee access to property simply because it is owned or controlled by the government.” United States Postal Serv. v. Council of Greenburgh Civic Assn's, 453 U.S. 114 (1981) www.law.cornell.edu/supremecourt/text/453/114
Wow these people should not be serving the public call this office an tell them they need to find new jobs the lawer should be fired immediately
Wow i just watched this on San Joaquin audits. What a frustrating lady employee to say it in a nice way. Just subbed
Holy shit! I've never gotten such a run-around from a public agency when trying to file a complaint! They kept transferring me to completely different agencies and hanging up on me! F🤬🤬K!!! Given the behavior of the Department of Mental Health I bet South Carolina has an astronomical $uicide rate! I about had a psychotic break just trying to file a complaint!!!
Patients may work there. If they have their badge on they are not a employee.
She is about to cry!!
It's because of cops like these not telling these people you allowed to be there that's why stuff always get bad, they rather massage their feelings
I have NEVER had a good experience in South Carolina. I go out of my way to avoid even just passing through for any reason.
I got half way through this and started thinking about Chief and Juicy Fruit!
when a government employee lies to you about your legal rights to do what you are free to do. the government employee is criminally violating your rights and challenging you to a fight the only way a government employee can take your rights is by violence, force that is a crime.
Please leave your own personal comment and support of this investigative journalist and freedom fighter
I hope Mrs I don't work for you,doesn't work for us anymore.
A photograph of a person contains no personal information
@Jumpersplace
Жыл бұрын
unless you are a 3 letter gubberment agency... ;-)
@jerrybushman
Жыл бұрын
@@Jumpersplace nope, unless they have those letters tattooed on their face
@davesmith9680
Жыл бұрын
Agreed, and being filmed in a public lobby of a mental health building does not disclose any medical condition, so there is no patient privacy issues.
@johnmu7034
Жыл бұрын
But publishing that image may be seen by friends or family when the person wanted to get treatment in private. The trouble is no discretion is used by the man with the camera
@jerrybushman
Жыл бұрын
@@johnmu7034 the problem you are having is discretion is a choice, not a requirement
Kudos, stood your ground, kudos!
@oooooollllllll
Жыл бұрын
He literally walked out after they told him to. He aint stand shit.
@tonyedwards7801
Жыл бұрын
@@oooooollllllll And what have you done lately to improve humanity pray tell?
I feel sorry for her husband if she has one. Lawyer is an i dot
Shes acting like a patient she needs help