Federal Judge Rejects ‘Free Speech’ Defense In Lawsuit Alleging Trump Incited Violence Against Protesters

A federal judge in Kentucky has ruled a lawsuit against President Trump, brought by three protesters who were violently attacked at a Trump campaign rally, will go forward.

The judge said Trump’s claim of free speech was rejected in the lawsuit that accuses Trump of inciting violence.

From U.S. News & World Report:

Trump’s lawyers sought to dismiss the lawsuit by three protesters who say they were roughed up by his supporters at a March 1, 2016 rally in Louisville, Kentucky. They argued that Trump didn’t intend for his supporters to use force.

Two women and a man say they were shoved and punched by audience members at Trump’s command. Much of it was captured on video and widely broadcast during the campaign, showing Trump pointing at the protesters and repeating “get them out.”

Judge David J. Hale in Louisville ruled Friday that the suit against Trump, his campaign and three of his supporters can proceed. Hale found ample facts supporting allegations that the protesters’ injuries were a “direct and proximate result” of Trump’s actions, and noted that the Supreme Court has ruled out constitutional protections for speech that incites violence.

It is plausible that Trump’s direction to ‘get ’em out of here’ advocated the use of force,” the judge wrote. “It was an order, an instruction, a command.”

Plaintiffs Kashiya Nwanguma, Molly Shah and Henry Brousseau allege that they were physically attacked by several members of the audience, including Matthew Heimbach, Alvin Bamberger and an unnamed defendant they have yet to be able to identify.

Bamberger later apologized to the Korean War Veterans Association, whose uniform he wore at the rally. He wrote that he “physically pushed a young woman down the aisle toward the exit” after “Trump kept saying ‘get them out, get them out,” according to the lawsuit.

Heimbach, for his part, sought to dismiss the lawsuit’s discussion of his association with a white nationalist group and of statements he made about how Trump could advance the group’s interests. The judge declined, saying such information could be important context when determining punitive damages.

Gretchen Carlson Files Sexual Harassment Suit Against Fox News Chief Roger Ailes

Ever wonder why longtime Fox News host Gretchen Carlson disappeared from the right-leaning news channel’s lineup?

This might be a clue: Variety is reporting that Carlson has filed a sexual harassment lawsuit against the network’s top executive, Roger Ailes.

According to the filing, Ailes made unwanted sexual advances to Carlson, and when she didn’t return the interest she found herself out of a job.

A Fox News Channel spokesperson could not be reached for immediate comment.

I’ll be curious to see if this allegation could lead to other women coming forward a la Bill Cosby?

We shall see…

News Round-Up: August 31, 2015

Some news stories you may have missed:

• It’s time for Monday Men At Work (see above)

• The gay couple in Rowan County, Kentucky, who have been denied a marriage license three times have filed a lawsuit in federal court against the county government and County Clerk Kim Davis.

• A man with a 19″ penis says it makes working and having a social dating life impossible.

• Fox and Friends host Elizabeth Hasselbeck doesn’t understand why the #BlackLivesMatter movement hasn’t been named a “hate group.” Seriously.

• Five HIV+ men offer advice to their younger selves about surviving and thriving post-diagnosis.

• Kentucky County Clerk Kim Davis is running out of time and options in her fight to issue marriage licenses to same-sex couples. Time to do your job, Ms. Davis.

• Ellen DeGeneres announces GapKids x ED, a new collection for Gap Kids that is for every girl no matter “whether they skateboard or dance, wear dresses or jeans, build forts or paint rainbows, or everything in between.”

Kentucky: Anti-Gay County Clerk Sues Governor For Telling Her To Do Her Job

County Clerk Kim Davis of Kentucky refusing marriage license to same-sex couple

Kentucky County Clerk has filed a lawsuit against Gov. Steve Beshear over her continued refusal to issue marriage licenses to same-sex couples.

Davis maintains she has a right to deny same-sex couples equal treatment under the law because of her religious beliefs.

Via Kentucky.com:

Late Tuesday, Davis filed a lawsuit against Beshear in federal district court. She blamed the governor for instructing all 120 of the state’s county clerks to comply with this summer’s U.S. Supreme Court decision that legalized gay marriage.

Beshear’s stance left dissenting county clerks vulnerable to lawsuits, including two that she currently faces, filed by groups of her constituents, Davis said. U.S. District Judge David Bunning is expected to rule in these cases in coming days.

“The Commonwealth of Kentucky, acting through Governor Beshear, has deprived Davis of her religious-conscience rights guaranteed by the United States and Kentucky constitutions and laws, by insisting that Davis issue marriage licenses to same-sex couples contrary to her conscience, based on her sincerely held religious beliefs,” Davis’ lawsuit says.

Also named in the lawsuit is the head of the Kentucky Department for Libraries and Archives, which changed the marriage license forms to gender-neutral.

Arkansas: Same-Sex Couples Sue Health Officials Over Birth Certificates

The AP is reporting that three same-sex couples have filed lawsuits in Arkansas as state Health officials refused to list both parents on their children’s birth certificates.

The married women said in the lawsuit filed in Pulaski County Circuit Court that the state Health Department would list only the biological mother on the birth certificate, and said they were told they would need a court order to name both spouses. The couples sought the birth certificates after last month’s U.S. Supreme Court ruling striking down gay marriage bans nationwide.

The lawsuit says not providing the birth certificates “(deprives) these children of the dignity, legitimacy, security, support and protections provided to children of heterosexual couples, regardless of marital status.”

Of course, if these were opposite-sex couples there would be no problem listing the two parents.

A spokesperson for the state Attorney General’s office has declined to comment.

Non-Family Victim Prepares To File Civil Lawsuit Against Josh Duggar

The Duggar family molestation story returns to the headlines as it seems a non-Duggar family victim is preparing to file a civil lawsuit against Josh Duggar.

The shocking development means that Josh and his parents Jim Bob and Michelle could be forced to give depositions and testify about Josh’s molestation scandal. The Duggars likely will have to answer every question as they will not be able to invoke their Fifth Amendment right against self-incrimination because the criminal statute of limitations has expired.

The family is once again under investigation the Department of Human Services and the fate of their reality show 19 Kids and Counting is still undecided.

The impending lawsuit sets up a nightmare scenario for TLC: if the network brings back 19 Kids and Counting, the show could be on the air while the Duggars are fighting a lawsuit that exposes all of Josh’s secrets surrounding the molestations and how the family covered it up.

New Jersey: “Ex-Gay” Therapy Loses In Court

A New Jersey jury found a “life coach” and a non-profit group called JONAH guilty of consumer fraud in the first court case in the country to address the practice of so-called “ex-gay” or “conversion” therapy.

From NJ.com:

The jury concluded that Arthur Goldberg and Elaine Berk, the founders of Jews Offering New Alternatives for Healing in Jersey City and life coach Alan Downing to whom JONAH referred patients, “engaged in unconscionable commercial practices” and misrepresented their services.

The verdict requires JONAH and Downing to refund thousands of dollars paid by former clients Michael Ferguson, Benjamin Unger, Sheldon Bruck, Chaim Levin, and parents Jo Bruck and Bella Levin for the individual and group counseling sessions and the “journey into manhood” weekends in the woods.

But the victory has broader implications. The national civil rights legal advocacy group Southern Poverty Law Center filed the case to take a stand against conversion therapy — a frequent target of public criticism since the passage of same-sex marriage laws and other LGBT legal protections.

In 2013, New Jersey joined California by outlawing licensed therapists from providing the therapy to minors. Oregon and Washington D.C. followed.

The “therapy” included such activities as beating a pillow with a tennis racket as if the pillow were the patient’s mother; undressing in front of the practitioners; and touching themselves to express their “manhood.”

Virginia: Patient Awarded $500K After Anesthesiologist Mocked Him During Surgery

A Virginia man was sued and won in a lawsuit involving his anesthesiologist after his phone recorded the physician mocking and insulting him while he was sedated and documenting a false diagnosis during a colonoscopy.

“After five minutes of talking to you in pre-op,” the anesthesiologist told the sedated patient, “I wanted to punch you in the face and man you up a little bit,” she was recorded saying.

When a medical assistant noted the man had a rash, the anesthesiologist warned her not to touch it, saying she might get “some syphilis on your arm or something,” then added, “It’s probably tuberculosis in the penis, so you’ll be all right.”

When the assistant noted that the man reported getting queasy when watching a needle placed in his arm, the anesthesiologist remarked on the recording, “Well, why are you looking then, retard?”

The jury awarded the man $100,000 for defamation — $50,000 each for the comments about the man having syphilis and tuberculosis — and $200,000 for medical malpractice, as well as the $200,000 in punitive damages.

At one point, the anesthesiologist, Dr. Tiffany Ingham, wonders aloud if the patient is gay, then said “I’m going to mark ‘hemorrhoids’ even though we don’t see them and probably won’t,” and did write a diagnosis of hemorrhoids on the man’s chart, which the lawsuit said was a falsification of medical records.

The award was a compromise by the jury who ranged from wanting to award more to one juror who didn’t want to award anything to the patient.

Note: Virginia is a “one-party consent” state, meaning that only one person involved in a conversation need agree to the recording.

Listen to “low-lights” of the recording below:

Lawsuit: Detroit Woman Kicked Out Of Restaurant Bathroom For Looking ‘Like A Man’

Cortney Bogorad, while having dinner at restaurant chain Fishbone’s Rhythm City Cafe in Detroit, was making use of the bathroom facilities when she heard yelling outside the door. A voice, that turned out to be a security guard, was demanding that “whatever man is in the restroom needs to come out now.” Being a woman, Bogorad ignored him.

And that’s where things escalated.

From The Advocate:

The guard allegedly entered the bathroom yelling, “This is a woman’s bathroom, if you are a man, come out!” and pulled Bogorad by the arms out of the stall when she opened its door. She said he then pushed her up against the wall, saying “boys aren’t allowed in this restroom,” according to the Detroit Free Press.

“He was much bigger than me, at least three times my size,” Bogorad told WXYZ. In her lawsuit, she explained that she and a friend informed the man repeatedly that she was a woman, and offered to show her legal identification stating that she was female, but the guard refused to see it, instead shouting inches from her face, “Get out of the women’s restroom!”

According to Bogorad, the guard then pushed her out of the bathroom where she saw a person she thought might be a restaurant manager. When Bogorad tried to explain to the man that she was a woman and show him her ID, she said he, too, ignored her efforts to prove her identity.

The guard allegedly then took his security badge, and holding it just inches from Bogorad’s face, yelled that he was a security guard.

When Bogorad pushed the badge away, that’s when she said the guard picked her up “against my will” by the shirt and bra. He then “aggressively” pushed her to the restaurant’s front door, exposing her “upper torso” to other customers, and threw her out of the resturant onto the street outside, causing physical injuries, Bogorad said.

Her lawsuit, filed at Wayne County Circuit Court on June 10, is seeking $25,000 for physical and emotional damages, battery, and gross negligence.

“This could have happened to anybody,” Bogorad told WXYZ. “There’s lots of females out there who look like boys, but at the end of the day we’re not.” She added that she is suing in hopes that the same humiliating experience never happens again to another customer at a Fishbone’s.

Fishbone’s has declined to publicly comment on Bogorad’s allegations.

Many states have attempted to pass “bathroom bills” that could lead to many more situations just like this in an attempt to police gender specific bathrooms.

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Ian Reisner & Mati Weiderpass Hit With Discrimination Lawsuit By Hotel Employees

More bad news for openly gay New York City hoteliers Ian Reisner and Mati Weiderpass as the Advocate reports they are being sued by former employees of their NYC hotel – The Out NYC.

The suit, alleging discrimination and withheld pay, is on behalf of specific plaintiffs and “all others similarly-situated.”

The allegations by James Stress, Paul Shreve, Donald Shorter, and Jonathan Taylor are twofold. All four employees named in the suit claim KTCHN and XL failed to pay for overtime work and withheld part of their tips, resulting in violations of the federal Fair Labor Standards Act as well as New York City and state law. Shorter and Stress also allege discrimination based on sexual orientation and gender identity — by establishments that are owned by and cater to LGBT people.

Reisner and Weiderpass have been under a media blitz and boycott by many in the LGBT community due to hosting a “fireside chat” with virulently anti-gay Sen. Ted Cruz, currently running for the GOP nod for president in 2016.

Most recently, it came to light that although both men told the press on more than one occasion that the “chat” was NOT a fundraiser and “no checks were given,” it seems Reisner actually did write a “max-check” of $2,700 to the Cruz campaign around the time of the event. He later went back to the campaign asking that his check be refunded.