I think it is outrageous that Outsports is being sued for publishing the picture of a "straight" athlete, stating that his reputation has been hurt and he has suffered damages just from his picture appearing in one of Brent's galleries. There was no caption nor any story that stated or implied the athlete was gay. Besides, aren't we past the time when calling someone gay is defamatory?

Outsports has been incredible for me. I thought this would be another anonymous website. I have attended both Outsports conferences and met some great guys, and traveled to NY and Montreal to spend more time with them. A few weeks ago, I bumped into someone I know from the site in Chicago. Attending the first Outsports conference in LA in 2/03 inspired me to see if the Phillies would allow a "Gay Day". Well, they did, and last year 730 attended and this year we attracted 1500. All thanks to the inspiration of Cyd and Jim.

I think the atty. is taking advantage of Outsports being a relatively small operation. I wonder if PlanetOut Partners (publishers of Advocate and Out magazines, Alison book publishing house, among other holdings), or any other major media company with in- house counsel would be sued. Although to me Outsports.com is huge, it is basically still a labor of love for Jim and Cyd. They are both still working other full time jobs so they can pay their bills and still work on this website. Sadly, this website doesn't generate enough revenue to allow them to quit their other jobs and devote all of their time to Outsports.

Unfortunately, without deep pockets or in house counsel, the cost of defending this lawsuit could shut Outsports down. This is something I can't even imagine (living without Outsports) and I am going to donate today to the Outsports legal defense fund. I urge you to do the same, donate $1000, $500, $250, $100, $50 or whatever you can afford. The future of this website, as well an important principle is at stake.
Donate to the Outsports legal defense fund

[ August 18, 2004, 07:07 AM: Message edited by: scottie ]

...I'm curious as to how the person in question knew his photo was on Outsports ?? Did this straight guy just happen to be reading a gay sports site? I mean, cosidering there was no caption and his name wasn't given, it couldn't have been found by an internet search.

[ August 18, 2004, 06:23 AM: Message edited by: HotlantaTarheel ]

There are about 2500 registered memebers on this message board. And probably the same number just observing. If each of us gives $5, then the whole amount to have this frivolity dismissed is raised. Considering many of us would pay more than $5 for a beer at a game, contributing just that much back to Outsports should be easy for all.

My contribution will be sent later today.

This is news to me. Who is the athlete?

Read the story (with the picture) - you can access it from the home page or follow this link:

Story (with pic) about Outsports being sued

Rally the troops, I will be sending my $5 today. More when I can afford it. I read and use Outsports daily and will not let this rediculous lawsuit shut it down!

You can't live without Outsports? WHAT ABOUT ME?? eek!

The combination of greed, hate and stupidity displayed by this _____ and his lawyer is disturbing -- and dangerous, considering the issues involved. This suit must be stopped...not just stopped, but crushed. Trounced.

I urge everyone to give whatever amount you can afford.


[From Scottie: Jim and Cyd have asked me to help moderate this thread - we need to be careful and not call this guy names, as we don't to do anything to hurt their legal case, or give the plaintiff another reason to sue)

[ August 18, 2004, 11:58 AM: Message edited by: scottie ]

The days when the word "gay" (or the insinuation that one was gay) is an insult or is defamatory are over, g..d damnit! Not that it was insinuated that the plaintiff was gay in this case! I am pissed off, and if this gay jock gets mad, it's not a pretty site. My contribution is in the mail today!! Mike

[edited by Jim at Outsports to edit out a phrase. Since we're in the middle of a lawsuit, we just need to be real careful about how things are phrased here. We so love all of your support!]

[ August 18, 2004, 11:01 AM: Message edited by: Jim at Outsports ]

This is extremely unfortunate, and just another symptom of our sue happy society.

Just sent my $5 via PayPal. :mad:

[edited by Jim at Outsports: Please refrain from anything that is an attack. We are in the middle of a legal case.]

[ August 18, 2004, 02:02 PM: Message edited by: Jim at Outsports ]

Now if this isn't the biggest crock of shit....I'll be pay-paling you guys too....

NJ

Count me in for $25.

I think $5 contributions are great, as is any contribution. But I think it is a little unrealistic to expect all 2500 registered users to give $5. If 1000 people (which is probably still a high estimate) give $5, only half of the at least $10,000 in legal expenses will be raised. I want to strongly encourage everyone to give as much as they can afford, $5 or $500 or anywhere in between. This is very serious - the future of this website is at stake.

I just put in $25 as well. It's a terrible thing, but I assume Outsports will win this easily (and still be out the lawyer's fees). Then they will have a great precedent if this type of thing comes up again.

What a total loser.

I would have thought some first amendment groups out there might be willing to offer some assistance for this, if not the ACLU. That's not to say that we shouldn't contribute to this. I am just hoping a bad precendent isn't set by this case.

Trevor

Well said, scottie....I gladly made my contribution via PayPal (which I consider myself fortunate to be able to send a larger sum for such a worthwhile cause) but, as several Outsporters have already said, whether you can afford $5 or $500 I urge each of you to contribute whatever you can....as that noble humanitarian Jerry Lewis is fond of saying, "all the nickels, dimes and quarters add up".

This is not just to keep this great site from potentially being shut down but also to send a message to idiots like Chris Harbinson and his greedy attorneys that their actions and frivolous lawsuit is absolutely deplorable and will not be met without a fight. :mad:

~Joe

[ August 18, 2004, 08:23 AM: Message edited by: gamecock ]

I talked to some "national" legal groups, and generally they don't get involved with cases like this until the appeal, so the initial hearing needs to be done by someone else. The "national" organizations are more than willing to provide technical assistance to whomever is representing Outsports at this stage, but this is very different than agreeing to represent Outsports directly.

It is not easy to locate an attorney licensed in North Carolina (where the suit was filed) with expertise in defamation and the "gay angle" who will do this pro bono. You'd much rather have someone with the expertise who you have to pay, then someone willing to do the case pro bono who doesn't have the experience in these types of cases.

[ August 18, 2004, 08:32 AM: Message edited by: scottie ]

OK guys, I am a lawyer and live 50 miles from Durham, but I am only licensed in Virginia. There is an excellent glbt law group in the Durham-Raleigh area, I think by the name of Susan Thompson Law Group. They can provide local color.

Oh this makes me so mad. :mad: Don't you just hate people who sue over nothing trying to get money? If Cyd or Jim need help locally, I will be glad to do so.

Rob

This lawsuit must be defeated, not just made to go away. My paypal is in process.

~Adam

Sent my paypal. What a _____ this guy is. I'm glad he's not one of us. :mad:


[From Scottie: Jim and Cyd have asked me to help moderate this thread - we need to be careful and not call this guy names, as we don't to do anything to hurt their legal case, or give the plaintiff another reason to sue)

[ August 18, 2004, 11:57 AM: Message edited by: scottie ]

This is a really chilling prospect. The fact that it's been filed in North Carolina worries me tremendously. I've been on Paypal already, and I echo Scottie that we should all give everything we can.

There's $25 at Paypal from me. Will be rounding up people to send in more money, and will be contacting friends who are attornies for any other advice.

Hmmm. There's been posts of other athletes out there, especially now with the Olympics going on. That must mean that THEY are gay too!!!

STUPID!!

[ August 18, 2004, 12:11 PM: Message edited by: GatorJamie ]

$20 via PayPal from me...a small cost to keep this website up and running.

Doubt it. No governmental agency is involved. This is a civil suit; thus it does not register much on their meter.

So I need some opinions, and maybe Outsports should check with counsel, but I know some people who assist with the local gay bi-weekly in North Carolina, The Front Page. Does it hurt Outsports or help it if this story is picked up by that paper? I am not sure how that would play, support from the local gay community vs. publicity against the plaintiff, does that further his argument of "harm to privacy?" My thought is that the story is about the lawsuit, which was his doing, but what y'all think? I would love to make a couple of calls to my friends.

I'd suggest you send an e-mail to jim@outsports.com to discuss this.

Didn't a judge just rule that a former boyfriend of Madonna, who was mis-identified as a gay friends, was not eligible for damages because being called gay is not defamatory? This guy wasn't even identified as gay - in fact, apparently he wasn't identified at all.

I am probably in more vacation and surveillance photos than I care to think about because I live in the tourist/security haven of DC - should I sue anytime someone uses a picture of me, in a PUBLIC PLACE, without my permission? I think not.

I am as outraged and disgusted as anyone else on this board about this action - and I just sent $50 through PayPal (which I normally don't like to use), so consider the ante upped (actually, just give what you can - this lawsuit must simply be stopped).

Scottie, thank you for moderating.

[ August 18, 2004, 12:11 PM: Message edited by: GatorJamie ]

Careful about keeping this within attorney-client privilege, though. Perhaps this is something that Jim should address with counsel.

Originally posted by KeyWest Guy:
"I'm glad he's not one of us." :mad:

Isn't that what Gov. McGreevey's "straight" boyfriend is claiming also?

[ August 18, 2004, 12:08 PM: Message edited by: scottie ]

My check's in the mail! How about some of the other regular posters who use OS to vent their spleens for free? Cough it up, guys - left, right, WHATEVER!

Is it any coincidence that Edwards and this lawyer are both from NC? What kind of lawyers do they breed down there? (That ought to get a rise - AND some buck$ - out of Messrs. Bobby and Razorback! )

I've sent my PayPal contribution to the fund.

Although this is obviously a very odious lawsuit, perhaps we can look at the bright side. When Jim & Cyd (and Outsports) wins, they will have an excellent precedent to prevent these frivolous and ridiculous lawsuits from happening in the future.

As a lawyer I hate to say this, but as long as there are lawyers and plaintiffs smelling a pot of gold, there will be frivolous and ridiculous lawsuits. Even if this lawsuit has no merit, it still costs $ to argue that to the court to have the case dismissed.

I just sent a paypal payment in. Let's go outsporters, band together as a community!

I just sent my contribution, too. Fight the good fight, Jim & Cyd. We're behind you!

a check will be forthcoming from me after next payday

Questions and a comment:

• Once the suit is tossed out is there a chance that the plaintiff and his attorney can be ordered to pay Outsports' legal fees?
• Is a countersuit an option?
• Cyd and Jim: you know I love you, but...you gotta get better scanned signatures. It looks like you both signed while your hands were broken and encased in a cast.

Oh, and another way to help if you can is to support the National Center for Lesbian Rights, since they're assisting in the case. Those of us who attended the first two Outsports conventions know of the NCLR through the wonderful presentations made by Helen Carroll. For $40 you can become a member, just like me. I think it means I'm an honorary lesbian...no toaster oven, though. wink

[ August 18, 2004, 02:14 PM: Message edited by: Joe in Philly ]