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Class Certified in Action Against Wal-Mart Over Hidden Camera in Women’s Bathroom in Natchitoches, LA

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Case ID: 3386 | Miscellaneous | 05/11/2004

The class has been certified in an action filed against Wal-Mart Stores, Inc., on behalf of all women who did not work for Wal-Mart and resided within a 40-mile radius of the Wal-Mart store in Natchitoches, Louisiana, who can establish that they were in the store’s public restroom sometime between November 16, 1996, and July 9, 1997. The action alleges that a video camera was set up in the store bathroom to record women as they used the toilet. Persons eligible to take part in the action should contact attorneys for the class.

A Louisiana appeals court upheld class certification in April 2004 when it rejected Wal-Mart's arguments that the suit should be dismissed. The certification order offered class members two options for proving they were in the restroom: (1) a store or credit card receipt, or cancelled check during the time period accompanied by an affidavit that she was in the restroom on that date; or (2) a personal affidavit, and two supporting affidavits, confirming she was in the restroom during the time period.

A woman called the police on July 9, 1997, after finding a camera in the women's restroom in the Natchitoches Wal-Mart Supercenter. The police report indicated that an officer saw the camera and that it seemed to be placed to observe women as they used the toilet. However, the camera was apparently not connected to a working monitor, according to the report.

Wal-Mart denied any knowledge or approval of the camera. However, James McCorkle, an assistant manager, said that in response to thefts, he installed a handheld video camera in the women's restroom on July 5, or 6, 1997, and that it recorded people on July 5 or 6, and again on July 6 or 7. After viewing the results and finding them unsatisfactory, he allegedly began hooking up a surveillance camera on July 7, but never finished the process. McCorkle was terminated from his position with Wal-Mart in the aftermath of the incident.

Videotapes apparently contradicting McCorkle’s testimony were introduced to the court by the plaintiffs-- they included one showing a date stamp of November 17-18, 1996.


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