Texan Cafe Owner Sued For Gay Jokes
You know Frank's Place. It's one of those greasyspoon cafes where the same people chug bottomless coffee cups every morning and share vaguely antagonistic banter. This particular greasyspoonery happens to be in Johnson County, Texas. It's owned by a Ms. Phon Vang Meter, and until 2009 was regularly patronized by Benny Dale Morris. No longer. According to WLUK-TV, the vaguely antagonistic counterbanter ceased to be amusing when Ms. Phong Vang Meter began to joke that Benny Dale Morris and his very close friend Glen Warren were lovers.
Now Morris calls Meter an "evil old woman. (She's 73; he's 75.) After the alleged gay-calling three years ago, Morris sued Vang Meter for "defamation of character" and "intentional and negligent infliction of emotional distress." Vang Meter calls Morris a liar. "All he wants is my money," she says. And he may have it. A Johnson County District Court ordered Vang Meter to pay Morris $5,000, and to cease insinuating that Morris and Warren are anything other than straight dudes who are totally secure in their masculinity.
But Vang Meter isn't taking this lying down. According to WLUK-TV:
The 10th Court of Appeals in Waco upheld the District Court ruling, leading Van Meter to appeal to the Texas Supreme Court, saying there isn't enough evidence to prove that she defamed him or caused him anguish. Her attorney, Norman Maples, suggests what on the surface appears to be an argument between two former friends could have First Amendment consequences about what can and can't be said in public, even in jest. The Supreme Court has not [yet] taken the case.
Maples points out that upholding the previous ruling would effectively make actionable ribbing, joking, barbing, and all kinds of verbal horseplay between ostensible friends. (Which is, it's worth adding, what draws a lot of people to greasyspooneries like Frank's in the first place.) Morris's lawyer argues that it's always libelous to say untrue things about a person, and that he doesn't know why Van Meter was "so mean."
More details at WLUK-TV.
Libel, no. Slander, no. Defamation, perhaps. For more information, google "false light".
Posted by: anon | Mar 25, 2012 12:41:33 PM
"where the same people chug bottomless coffee cups every morning"
Now that I gotta see!
Posted by: HRH | Mar 25, 2012 1:05:25 PM
Interesting. So the idea that a person is gay is now so offensive that its worth $5000 in a defamation lawsuit?
Posted by: NaughtyLola | Mar 25, 2012 1:51:14 PM
To some good ole boys, being called gay in a small community is fighting words. Can't joke about a persons sexuality anymore, clothes they wear, coffee they drink, people they hang with.
Posted by: Tim | Mar 25, 2012 2:23:04 PM
Doesn't the plaintiff have to prove that in addition to the defendant knowingly saying a falsehood, that the falsehood caused material damage -- like being fired or turned down for jobs? I believe Carol Burnett won a famous libel case against a tabloid that falsely accused her of being an alcoholic. It just seems challenging that even in Texas a 75 year old man could show some material, financial consequence to her jokes.
Posted by: Kevin_BGFH | Mar 25, 2012 3:06:04 PM
The case could be won if a psychologist would testify the victim has had to get help because of the stress of being called gay. It could also be won if the "victim" would had tangible economic documentation of her loosing a job like it was previously mention. It could even be enough the testimony of some people saying they heard rumors of this person being gay. However, it seems to me this person has nothing to stand on. May even be taking advantage of the attention a LGBT related lawsuit would bring to them. Unfortunately, this cannot be taken seriously, there is no case.
Posted by: Tomasito | Mar 25, 2012 3:51:38 PM
Is age a protected class in Texas? If it is, she should counter sue since he called her old and she is younger then him.
Amazing that the guy can go through 75 years and this is the first time anybody said anything like this. Or maybe it's because she's a woman or Asian that it bothered him. Kinda like only black people can use the "N" word.
Posted by: Armando | Mar 25, 2012 4:08:56 PM
Most courts to recently examine this issue have held that insinuations or claims regarding the sexual orientation of a person will not support a defamation claim.
@Anon, typically "false light" claims require a "publication." There is none here.
Posted by: Jack | Mar 25, 2012 4:09:25 PM
Yup, that's what I teach my son: name-calling on the playground? React as big as you can and escalate! Then sue!
God bless dumb America.
Posted by: David R. | Mar 25, 2012 4:16:38 PM
"Gay-calling" ??? That's nervous-making!
Posted by: SteveInDE | Mar 25, 2012 4:48:03 PM
Before Lawrence v. Texas, calling someone "gay" could be a basis for a defamation suit in states that still outlawed same-sex sexual relations because making such a statement about someone imputed that they had a propensity for engaging in criminal conduct. Lawrence pretty much eliminated that avenue of grievance.
I can't wait to find out why exactly he's so upset with the insinuation -- the cowboy protests too much, methinks. And I can't wait to find out what the evil old woman thinks about blacks and Jews -- you KNOW she has a list.
Posted by: Lee | Mar 25, 2012 9:50:16 PM
Benny and Glen should react the same way Matt and Ben have always reacted to their bromance. Enjoy the attention. Have fun with it, unless you think there is something bad about being homosexual lovers.
Posted by: jack | Mar 25, 2012 9:50:17 PM
Those two people are too old and too connected for this to matter. Grow up guys!
Posted by: Fenrox | Mar 26, 2012 10:31:20 AM
Dat so funny! She no say "You gay! Haha!" She would say: "Where your boyfriend today?" or "Who da man and who da woman in your relationship?" She never say "You gay."
The man just upset that people think he gay now.
Posted by: Loc Tran | Mar 26, 2012 1:19:04 PM