Diva Streisand Afraid that on a Clear Day You Can See Forever; Wants Things the Way They Were

Barbra Streisand has filed suit against a retired Silicon Valley millionaire to force him to remove from his web site a picture of the California coast where Streisand's Malibu house sits atop a cliff overlooking the Pacific Ocean.

Kenneth Adelman and his wife Gabrielle have created a web site entitled www.californiacoastline.org. on which they have posted some 12,000 photos of the California shore to show the beauty of the coastline and to highlight environmental threats. Mr. Adelman takes the pictures with high-end photographic equipment from his private helicopter while M s. Adelman pilots the craft at an altitude of 150 to 2000 feet.

One photo on the web site is a detailed picture of Streisand's Malibu mansion, a photo that any web surfer can download from the site for a fee. The web site shows not only the photo but also discloses the street location of her home, including the exact longitudinal and latitudinal coordinates.

In her complaint in Streisand v. Adelman, No. SC077257, Superior Court of California for the County of Los Angeles, Streisand claims that she has assiduously protected her privacy and is concerned about her physical security due to her fame. She contends that she has a legally protected privacy interest in the location of her home address under Article I, Section I of the California Constitution and under the common law.

Streisand alleges that the defendant Adelman knows or should know that she has a reasonable expectation of privacy concerning the details and location of her house. She further claims that the defendant has intentionally disseminated the images of her house and has acted with malice in continuing to display the picture on his web site.

Finally, Streisand also relies on Cal. Civ. Code § 1708.8 (2003), or the "anti-paparazzi law," which bars the physical or constructive invasion of an individual's privacy. Cal. Civ. Code § 1708.8 bars a constructive invasion of privacy where "the defendant attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity under circumstances in which the plaintiff had a reasonable expectation of privacy"

Streisand is seeking $10 million in damages plus pre- and post-judgement interest on all counts. She also wants a permanent injunction forcing the defendant to remove the picture from his web site. The defendant is currently mounting a vigorous defense on First Amendment grounds.