Roanoke Times: Parent Says Police Investigating Ardell Stone Roanoke Dance Studio

When you take your child to a store, school, or a dance studio, among other places, you’re trusting that the people running it will keep your child safe and in terms of their basic privacy. This week, the Roanoke Times cited a parent who said Roanoke County police are investigating allegations at Ardell Stone, a local dance studio. No charges have been filed and the fact of an investigation does not mean any wrongdoing took place. However, parents may wonder about their legal options in the event that something has gone wrong. The law gives families meaningful options to stand up for your child’s safety and hold a business accountable, even before any criminal case is resolved.

If you’re a parent in Roanoke or the surrounding Roanoke Valley and you have reason to believe your child’s privacy was violated at a dance studio, gym, retail store, or similar business, you may have the right to pursue an invasion-of-privacy claim. Speaking with a lawyer early can protect your family’s rights.

Civil Claims Are Separate From Criminal Cases

The first thing to understand is that a civil lawsuit and a criminal prosecution are two different proceedings. A criminal case is brought by the Commonwealth against a defendant, and its purpose is punishment. A civil case is brought by an injured person against a wrongdoer, and its purpose is compensation. The standards of proof are different. The timelines are different. And critically, a civil claim does not require a criminal conviction or even criminal charges to move forward.

That matters for families. If a parent waits until a criminal case concludes before talking to a civil attorney, evidence may disappear, witnesses may scatter, and Virginia’s statute of limitations may have tightened the window for filing suit. Speaking to a lawyer early does not commit a family to filing a lawsuit. It preserves the option.

What “Invasion of Privacy” Can Mean in Virginia

Virginia does not recognize every type of privacy tort that other states do. It does, however, provide several legal avenues that can apply to youth-serving businesses where privacy is violated.

Common theories include:

Statutory claims for unlawful filming or videotaping. Virginia Code § 18.2-386.1 makes it a crime to knowingly and intentionally videotape, photograph, or film a non-consenting person who is undressed or in a state of undress in a place where they have a reasonable expectation of privacy. When the subject is a minor, the conduct can fall under more serious statutes. While the criminal statute is enforced by prosecutors, the underlying conduct can support civil claims for damages.

Negligence and negligent supervision. A business that places minors in changing areas, restrooms, or other private spaces has a duty to take reasonable steps to ensure those spaces are actually private. Failures in supervision, hiring, or facility design can give rise to negligence claims against the business and its owners — separate from any wrongdoing by an individual employee.

Negligent infliction of emotional distress and, in some cases, intentional infliction. The emotional harm to a child and family from a privacy violation can be substantial and is recognized by Virginia courts under specific circumstances.

Vicarious liability and “respondeat superior.” When an employee acts within the scope of their employment and causes harm, the employer can be held legally responsible. The analysis is fact-specific, and Virginia courts apply particular tests to determine whether conduct falls within the scope of employment.

The right theory, and there is often more than one, depends entirely on the facts.

A Hypothetical Invasion of Privacy Case Against a Dance Studio

Consider a hypothetical family. A parent enrolls their child in a local dance studio. Months later, a witness learns that someone associated with the studio had concealed a recording device in a changing area. Police are called to the scene.

In that hypothetical, several civil claims could be available to the family. The individual who placed the device could face direct liability. The studio itself could face claims for negligent hiring or supervision if it failed to vet the person, ignored warning signs, or did not take reasonable steps to secure private spaces. Owners and officers may face claims depending on their role in the operation. Damages in such cases can include compensation for emotional distress, the cost of counseling and therapy, and in cases involving particularly egregious conduct punitive damages.

This is a hypothetical, and the facts of any actual case would determine which claims, if any, are viable. But it illustrates why these situations are rarely simple, and why early legal advice matters.

Evidence Parents Should Preserve

If you suspect anything along these lines, the most important step you can take is to preserve evidence. That includes enrollment records, invoices, schedules, and class rosters; text messages, emails, and social media communications with the studio or its staff; photographs of the facility and any spaces where your child changed or was unsupervised; any communications from the business about the incident; and notes about what your child has told you, dated and kept in a safe place. Do not post about the situation on social media. Do not confront the business in writing in a way that could later be used to mischaracterize your position. And do not assume that police or prosecutors will preserve every category of evidence that your civil case may need. Speak to a lawyer to assert your rights.

Statute of Limitations

Virginia’s statute of limitations for personal injury claims is generally two years from the date of injury, with specific rules that can extend the clock for minors. Other claims, including some statutory claims and claims against certain types of defendants, operate on different timelines. Because the clock can run quietly while a criminal investigation drags on, it is critical to consult counsel rather than wait.

When to Call a Lawyer

If you believe your child’s privacy was violated at a business in Roanoke, Salem, Botetourt, or anywhere in the Roanoke Valley, an initial consultation costs nothing and creates no obligation. A lawyer can help you understand whether you have a claim, what evidence to preserve, how a civil case interacts with any pending criminal matter, and what compensation may be available. At Lugar Injury Law, we represent families across the Roanoke Valley in personal injury and related civil claims. If you would like to discuss your situation in confidence, please contact us.

This post is for general informational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Every case turns on its own facts, and you should consult a licensed Virginia attorney about your specific situation.

Learn more about how we handle injury cases across the area on our personal injury lawyer in Roanoke, VA page.