Woman who was one of 18 victims secretly recorded at pool locker room files claim against Burbank
One of the 18 victims who was secretly recorded in the Verdugo Aquatic Center women’s locker room earlier this year filed a claim against the city of Burbank, arguing that the city failed to adequately inspect the facility and supervise the lifeguard who hid the camera.
Victoria Gambale, a 30-year-old woman who swam at the pool roughly four times a week, is seeking more than $25,000 in damages, according to the claim filed on Thursday.
“It was a gross invasion of their privacy,” said her attorney Adrianos Facchetti, adding that he plans to file another claim against the city on behalf of a second victim. “They have sustained emotional distress as a result of what this employee did.”
The former lifeguard, 23-year-old Arturo Montano, is accused of videotaping and photographing women and girls in the locker room over a nearly three-month period starting in April, according to police and court records.
He was fired on July 7, a day before he was charged in a 32-count complaint, which includes three misdemeanor counts of annoying or molesting a child and 29 misdemeanor counts of using a concealed camera to secretly record or photograph someone who may be undressed in an area where they have a reasonable expectation of privacy.
Montano, who has been in custody since his June 22 arrest, is being held in lieu of $170,000 bail, according to Los Angeles County jail records.
The Burbank city attorney’s office, which is responsible for reviewing Gambale’s claim, is also prosecuting Montano’s pending criminal case. Montano is due in court next month.
According to the claim, the city used to have a policy banning male employees from the aquatic center’s towel room, which is connected to the women’s locker room by a window that’s covered by a “mere piece of plastic.” The policy, however, was “inexplicably” changed this year to allow male employees to go in and out.
Because of the change, Montano was able to hide the video camera, which captured women and girls changing inside the locker room, the claim stated.
City Atty. Amy Albano declined to comment on the allegations in the claim, noting that the city just received it on Thursday and the criminal case is ongoing.
The city has 45 days from the filing date to respond to the claim before Gambale can file a lawsuit.
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Alene Tchekmedyian, alene.tchekmedyian@latimes.com
Twitter: @atchek