Judge Throws Out Suit Against Pilot

Singer Barbra Streisand's lawsuit against a helicopter pilot accusing him of violating her privacy was thrown out of court Wednesday. Not only that, but she's going to have to pay Ken Adelman's legal fees -- estimated somewhere in the six-figure range.

Sweet.

"It was a clean sweep," Adelman (with wife and pilot Gabrielle, above) said after the ruling. "We didn't win just on a technicality, but on all the substantive issues. The judge ruled that what we did was free speech and not an infringement of privacy."

Adelman, a 39-year old Silicon Valley millionaire, takes the pictures while his wife, Gabrielle, flies the R-44. The helicopter was flown southeast-bound along the coast at altitudes ranging from 150 to 2000ft, but typically 500-700ft, depending on the terrain, detail, and air traffic control constraints. The port-side rear door was removed, giving the photographer an unobstructed view of the coast.

Streisand sued Adelman for $50 million May 20th, after his website, which photographically traces the California coast, published an aerial photograph of her estate. The photographs were among about 12,700, many of which highlight overdevelopment along the water's edge.

The lawsuit "sought to reaffirm that everyone should have the right to retain their privacy, in their home, even in this technologically invasive age," according to Streisand lawyer John Gatti.

After the ruling, Adelman attorney Richard Kendall said Superior Court Judge Allan Goodman sent a message: Environmental activists have a right to fly where they want in public airspace and take pictures of whatever they want. To have ruled any other way, said Kendall, would have given the likes of Streisand "ownership" of vistas and making them off-limits to photographers -- even from several hundred feet above.

"That seemed absurd," Kendall said. "Many people familiar with privacy law agreed with us that the case was not well-founded."

Wow. A lawyer with common sense.

Gatti said Judge Goodman's ruling was a tentative one. "The court's tentative decision found that intrusion occurred. But the court failed to accord Ms. Streisand a remedy."

He said Streisand would wait to see the final ruling before deciding whether to appeal. If she decides to continue the suit, Judge Goodman ruled she would first have to reimburse Adelman for his big-time legal expenses.

Here's the funny part: Streisand's suit actually caused her mansion more exposure than if she'd just left the whole thing alone. Since the suit was filed, Adelman's site got hundreds of thousands of hits, whereas it was relatively obscure to the general public before.

Does this mean Adelman has to send a thank-you note?

Adelman says he'll use the legal reimbursement to expand his site. Already, he's posted thousands of aerial shots from the 1970s. He plans to fly the entire length of California again, taking pictures to provide comparisons, sort of a then-and-now view of the coastline. And, yeah, you can bet he'll shoot Streisand's ranch again.

FMI: www.californiacoastline.org