Blushing Bride Loses Underwear Photos Lawsuit
A Manhattan judge has dismissed a lawsuit against Christian Oth Studio over photos on a password-protected Web site that showed a bride in her underwear.
Sarah Bostwick, who got married in September 2008, claimed that her wedding photographer, Carolyn Monastra (a photographer with the Christian Oth Studio in New York City), took pictures of her while she was getting into her dress even though she says she forbade Monastra from doing so. Those pictures later showed up in Bostwick’s password-protected online portfolio and were accessible to friends and family to whom Bostwick had given the password in order to view other images from the wedding day. Bostwick sued both Monastra and the studio for fraud, breach of contract, and negligent infliction of emotional distress.
Justice Judith Gische ruled that the wedding photography studio had not committed fraud or put Bostwick in any danger by posting images of her in her underwear. “Even accepting that the publication of the photos may have been upsetting and embarrassing to her, there is nothing that would cause her to fear that she was exposed to physical harm,” the judge wrote. As for the photos, the judge ordered them sealed.
In a press release issued today by the photo studio, Oth said “The privacy of our clients is of utmost importance to everyone at our studio, and we feel that the judge’s decision in this case serves to validate our extensive efforts to protect our clients’ privacy. All of our photo proofing sites are strictly password protected and accessible only to the bride and groom, and it is up to their discretion to distribute the password to friends and family members.”
When reached by phone earlier today Oth added that the judgment is a victory for wedding photographers who may have frivolous lawsuits levied against them. “Of course if someone asks us to not take certain types of pictures, we simply won’t,” he said. “I always respect my client’s wishes and go to great lengths to fulfill them.”
Bostwick plans to appeal.