The door opened directly into a public area of the club near a pool table.

The filming, originally charged as a felony, was reduced to a misdemeanor and Smith walked out of the court room Monday a free man: free to use a bathroom surveillance camera, free from a possible 12-month jail sentence and free of a possible conviction for filming a non-consenting adult in a rest room.

Hanover Circuit Judge J. Overton Harris concluded that users of the open area of the men’s rest room at Smith’s business had no expectation of privacy because the layout of the bathroom is such that the main bathroom door opens to a public area. Anyone using the open area of the restroom would have to be aware they could be seen by regular restaurant patrons if the main door opened, the judge said.

“He’s standing in an area that anyone could walk into at any time,” the judge said of Bohannon in his boxer shorts and a shirt.

Defense lawyer Theodore Bruns told the court that the band member chose to change his pants knowing that he could be viewed if the main door to the rest room was opened. In other words, there was no expectation of privacy.