Do you have a right to privacy while sitting on the toilet texting in front of a clear window in New York City? When I lived in New York City, I understood that when I was naked in front of my windows anyone could see me and potentially photograph me and post it online.

Former professional baseball player and admitted steroid cheat, Alex Rodriguez, recently got caught literally with his pants down while sitting on the toilet in the New York City apartment he shares with fiance Jennifer Lopez. According to the viral image being shared online and posted above, Rodriguez enjoys texting while sitting on the toilet taking care of his personal business with the blinds open. I don’t judge because to each his own.

Someone using a high powered telephoto lens caught him in the act and posted it online. In the scheme of things, this isn’t a big deal. Rodriguez’s private parts are not in this image. He has dealt with a lot more embarrassing things in his life. However, according to The New York Post, he is exploring taking legal action against the person who took the photo and anyone who posts it online and this appears to be the reason why very few publications will post the image.

New Yorkers know if you want privacy in your apartment you need to close the blinds. This became legally well-known when photographer Arne Svenson secretly photographed people in their apartments with a telephoto lens and then made an art show of his photos. One of his subjects was a little girl who was even half-naked in the image.

Svenson’s subjects sued him for invasion of privacy. However, New York residents do not have a common law right to privacy and state law doesn’t protect people from this type of privacy invasion. Svenson won at the trial court level and then again when an appellate court ruled in his favor. The New York legislature will have to change the law if a different outcome is desired by the residents of New York.

Rodriguez is one of the worst admitted cheaters in all of professional sports who was shielded from federal prosecution due to a sweat heart immunity deal. In addition, he also tried to screw his lawyers and private investigators out of their earned fees for representing him during his fight with major league baseball over his season long baseball suspension for using steroids.

I am not sure why Rodriguez didn’t come out quickly with a funny tweet or online quip about toilet texting and making fun of himself because that would have garnered a ton of positive media attention and killed the issue as a news item. Instead, this incident has gone viral reinforced the utterly negative and narcissistic narrative about Rodriguez that he has honed during his many years in the spot light.

Editor’s Note: If you are Alex Rodriguez’s lawyer(s) and want me to remove this image I welcome reading your over priced cease and desist letter (Send to “info [at] shearlaw.com”) that demands I delete the image or face tremendous legal consequences….:)