Judge tosses privacy suit

? A judge has dismissed Kansas Sen. Kay O’Connor’s lawsuit that claimed her privacy was violated by the secret taping of a conversation she had with a recall petitioner at her front door.

O’Connor, a Republican from Olathe, drew national attention in September after she was quoted as saying that passage of the 19th Amendment, which guarantees women the right to vote, was “not necessarily” in the nation’s best interest.

She later said she wouldn’t take the vote away from women but that in an ideal America, they would raise families and not feel the need to cast ballots.

O’Connor’s remarks prompted a recall effort. According to O’Connor’s suit, a recall petitioner came to her door Nov. 10.

Her husband, Art O’Connor, thought the request “rather amusing,” according to the lawsuit. He called his wife to the door, and she and the petition carrier discussed political issues for several minutes.

The lawsuit alleges that someone videotaped the conversation. The O’Connors did not see anyone doing it.

The O’Connors sued in November in Johnson County District Court, naming Barbara Fossati, an Olathe North High School teacher who obtained a copy of the taped conversation and allegedly showed it to other people.

O’Connor challenged the legality of the taping without her knowledge and the dissemination of the tape to other people. The lawsuit sought unspecified monetary damages and a court order preventing anyone from showing the tape to anybody.

Johnson County District Judge Steve Leben ruled Thursday that there was no evidence that the O’Connors had a “no solicitors” sign posted, and they voluntarily engaged in conversation with the person who came to their door.

“In sum, we can divine no theory on which the O’Connors can prevail against Fossati under the facts they have alleged in their petition,” the judge wrote.

Linda Skaggs, attorney for Fossati, said she and her client were happy with the decision.

O’Connor said Friday that she and her husband might appeal.

“We’re still very offended by the outrageous behavior of these individuals,” she said.