USA Next sued for $25 million over anti-gay anti-AARP ad

[jefferson_dem]

USA Next sued for $25 million over anti-gay anti-AARP ad

by John in DC - 3/9/2005 03:00:00 PM

FOR IMMEDIATE RELEASE
March 9, 2005

Contact: John Aravosis
Spokesman for Richard M. Raymen and Steven P. Hansen

‘USA NEXT’ SUED FOR $25 MILLION
Couple Used in Homophobic Anti-AARP Ad Files Federal Lawsuit

WASHINGTON, DC A $25 million lawsuit was filed today against right-wing front group USA Next and political consulting firm Mark Montini International for stealing an Oregon couple’s wedding photo and using it without permission in a high-profile gay-bashing ad designed to drum up support for social security privatization.

Following an admission of photo theft by the creator, advertiser and publisher of the ad, the couple whose image was stolen - Rick Raymen and Steve Hansen of Portland, Oregon - today filed a four-count lawsuit in federal court in Washington, DC. The suit alleges that the use of the couple’s image without permission constituted an invasion of privacy, was libelous, violated their right of publicity and constituted an intentional infliction of emotional distress.

In one version of the USA Next ad disseminated widely on the Internet in February, and aired repeatedly by television news programs and newspapers nationwide, the couple’s image, superimposed with a green checkmark, is side-by-side a picture of a US soldier with a red “X” across it. Below the photos is the phrase “The REAL AARP Agenda.”

A copy of the ad can be viewed online here:
http://images.mydd.com/images/admin/antiaarpgop3

“Our privacy and personal integrity were violated when our wedding photo was stolen and used to portray us as treasonous, unpatriotic, and a threat to American troops,” Rick Raymen said. “We have been harassed and humiliated by this hateful ad campaign and by the bigotry and anger it has generated against us nationwide.”

<SNIP>

http://americablog.blogspot.com/2005/03/usa-next-sued-for-25-million-over-anti.html

[fertilizeonarbusto]

1. HAHAHAHAHAHAHA n/t

[freedom_to_read]

2. go get em

[PleadTheFirst]

3. I love it.

Hit those lying, manipulative scumbags where it hurts: their wallets.

Give em hell, guys.

[Downtown Hound]

4. Oh, this just made my day!

Yeah! Just when I start to think that justice might be dead in the world, along comes this. Heh, heh, I hope they take the bastards for millions.

[HockeyMom]

6. Good for them

I went on their website. SENIOR Organization? Please tell me WHY they are advertising themselves as USA Next for FAMILIES? WHAT families? They had pictures of happy smiling, YOUNG couples, with about 4 or 5 kids? What did they discover the FOUNTAIN OF YOUTH?

What a crock.

[UCLA Dem]

5. put 'em out of business!!!

[peacebird]

7. best of luck, guys!

Hopefully you will take a large chunck of their propaganda resources!

[Terran]

8. Heehee, GOOD. n/t

[ikri]

9. I'm trying hard not to laugh out loud

but I can't stop!

too funny :D

[E-Z-B]

10. Now we just need Kerry to sue them as well

for what those crooks lied about during the election.

[FtWayneBlue]

11. Yes, he REALLY SHOULD sue those dipsticks too!

[u2spirit]

14. Kerry should have sued in August of 04

And been damn vocal about it. It would have helped him. Instead, he listened to a loser like Shrum and tried to let it go.

[hvn_nbr_2]

26. Should have used the L-word --"liars"-- too. n/t

[burn the bush]

12. didn't these two guys come on to DU to ask what to do about their

picture being used in this ad? LOL Looks like they figured out what to do all right.

[kskiska]

13. Heh, heh

Art Linkletter says the darndest things.

[DavidDvorkin]

15. Great!

Smash 'em.

[paineinthearse]

16. Richard and Steven.....

Our support and best wishes.

Don't forget your friends when you plan the PARTY!!!!:party:

[paineinthearse]

17. Kerry should have as much testicular fortitude

and sue the shit out of the swifties.

[Tempest]

18. USA Next better hope the bankruptcy bill doesn't pass

Otherwise, they'll have to pay the award even if they declare bankruptcy.

[yorkiemommie1]

19. GooooooD!!!!!!!!!

hats off to them!:-)

[Hobarticus]

20. Got 'em, dead to rights....

This is GREAT!!!!

[ronnykmarshall]

21. Go boys!

Sue their sorry asses.

They gave them a chance to pull and ad and apoligize, but nooooooooooooo!

[Aristus]

22. For high-profile civil cases in Ancient Rome, the magistrates

used to calculate the total worth of the defendant's personal fortune and then fine him that exact amount.

Wouldn't it be wonderful if we could do that to those fuckwads of USA Next?

[The Backlash Cometh]

23. You Go Boys!

[4dsc]

24. Get the bastards!!

EOM!!

[sickinohio]

25. Yeah!!! Take ALL their money - hope to see the

bastards living in cardboard boxes!!

[Atman]

27. BushCo -- "We need to stop these frivolous lawsuits!"

"See! When honest, hard working GOP shills are forced into court by whiny liberal homos, the whole system suffers!"

[tsuki]

28. I hope they collect $250,000,000.00 eom

[Azathoth]

29. Next on the * agenda: A constitutional ammendment banning gays from filing

lawsuits. Stay tuned.

[RetroLounge]

30. Too freaking funny

Of course, it will go to the Supreme Court and will be voted 5 to 4 that Gays do not have the right to sue since they are "not really people" as quoted from Scalia. "Yessir Boss", agrees Clarence "Slappy" Thomas.

RL

[NJCher]

31. That's $25 million they can't spend on more propaganda

If they get it; looks like a good case, too!


Cher

[Ganja Ninja]

40. Plus all the legal fees too.

:headbang:

[progressoid]

32. Outfuckingstanding!!

[RUMMYisFROSTED]

33. Watch 'em scurry for the protection of the bankruptcy laws.

Oops!

[GetTheRightVote]

34. This couple are so very very cool, I hope they receive justice

the 25 million will not hurt either ....

:kick:

[go west young man]

35. Maybe they'll change the name to USAnext time we'll STFUP!

[Cheney Killed Bambi]

36. AWESOME!

I hope they get every penny -- but only after all of USANext's internal documents are publicly disclosed through the discovery process!

[UTUSN]

37. Well, AlRIGHTy, Then! Hit'em Where It Hurts ($$$$) nt

[HuckleB]

38. Way to fight the scumbags!

Steve and Rick are true patriotic Americans!

[Heidi]

39. Kicked and nominated

for Greatest. I remember one of these guys posting that his and his partner's wedding photo had been hijacked. Nobody should have to tolerate such B.S. Take 'em to the cleaner, Rick and Steve.

[IthinkThereforeIAM]

41. Kick...

... and I don't think this is the end of it, either. I recall reading an article last week where Cameron Dean said he was going after them, too.

[Stevepol]

42. A guest on AAR this morning suggested the AARP sue 'em too.

I think Rachel Madow was interviewing him (he might have been a frequent contributor to the morning talk show. I just caught the tail end of it). But he strongly suggested that the AARP sue the group for misrepresenting their goals and nature. He cited court cases involving some legal term I don't now remember. He seemed quite confident that the case could be won and could really hit 'em where it hurts, in the pocketbook. He said he knew a top-notch lawyer who would take the case for nothing and asked anybody in the AARP who wanted to institute the case to give him a call. So any AARP folks out there who don't want their org misrepresented can call Air America Radio, Rachel Madow (I believe), I think it's "Unfiltered" in the morning. Maybe these guys could be sued from about ten different angles by about ten different people. Let's see where their money comes from.

[Bouncy Ball]

43. I wonder if Rick and Steve need any help

with legal costs....I'd sure be willing to chip in.

Go Rick and Steve, and I'm so sorry you had to deal with those bastards and what they did with YOUR wedding photo.

[RebelOne]

45. I doubt that they will need any help.

Once this case is settled, the attorney is going to get a big chunk of the money.

[jefferson_dem]

44. UPDATE :: Judge grants Temporary Restraining Order against USA Next

BREAKING NEWS: Judge grants Temporary Restraining Order against USA Next in anti-gay anti-AARP ad lawsuit ..
by John in DC - 3/10/2005 07:08:00 PM

UPDATE: You can find key legal documents in this case online here.

There was news today in the $25 million lawsuit of a gay couple whose image was stolen by USA Next and used in a high-profile ad campaign attacking the AARP’s position on social security legislation.

In Washington, DC today, US District Judge Reggie Walton (an appointee of President Bush (41)) granted the gay couple’s request for a Temporary Restraining Order (TRO) against USA Next. The TRO requires USA Next to cease and desist from further use of the couple's photos for any purpose. This is a big deal because it means the judge has found that the guys have reasonable likelihood of winning their case, and he also said he could see how they could get damages.

Basically, the couple’s lawyer, Christopher Wolf (counsel with Proskauer Rose, LLP), argued that a TRO was necessary to stop USA Next from using the couple’s image for additional ads. USA Next’s lawyer would not promise that the image wouldn’t be used again. And USA Next’s ad consultant even said in an AP story last night that the gay couple was to blame for getting married!

<SNIP>

Wolf responded that had USA Next come to the couple in advance, and offered them money in exchange for the couple signing a model’s release so their image could be used in this hateful campaign, the couple would have said NO, there’s NO amount of money you could offer. Thus, the damage from USANext running the ad again was incalculable – there is NO amount of money that could compensate them adequately as no amount of money would have led them to cooperate in the first place.

<SNIP>

http://americablog.blogspot.com/2005/03/breaking-news-judge-grants-temporary.html