Union County restaurant sued over altered photos promoting drag events: Records
UNION COUNTY (QUEEN CITY NEWS) – A group has filed a lawsuit against a Monroe restaurant over images they said were altered without their permission and used to promote the business.
According to the lawsuit filed in December 2023, seven people who live in Union County identified as Michelle Ball, Ted Toms, Sofia Chabot, Amelia Ball, Eliza Ball, Jessica Mullen, and Lisa Metzger claim East Franklin Superette and Kitchen used photos of them without their permission, altered the images, and then used them to promote the restaurant and its services.
One example occurred in June 2023, where an image from June 13 was modified and used to advertise an upcoming Drag Brunch at the restaurant on June 24, the lawsuit states.
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The altered photo stems from a June 13 incident where the seven people participated in a group photo outside a Monroe City Council meeting where they were receiving public comment on whether to classify drag queen shows as adult entertainment, which would prevent minors from attending the shows.
The June 13 group photo shows the seven people and others holding several signs, opposing all-age drag shows, with messages that said, “Stop Grooming Children,” among others. The photo was shared on social media. The lawsuit states following the posting of this picture, the restaurant took a modified version of this photo and shared it on its social pages on June 24.
Images of the changes made were provided in court documents:
Following the June incident, the lawsuit states the restaurant “doubled down” and again used altered photos without permission on June 25, July 12, July 15, and October 21.
Documents in the lawsuit allege that in each use of the altered photos, they were used to advertise and promote East Frank’s business and its services without permission.
“No Plaintiff, and to the knowledge of Plaintiffs, no other person depicted in the June 13 photograph or any other photograph reference hereinafter, has ever approved or endorsed, or has ever intended to appear to approve or endorse, East Frank’s business or its services,” the lawsuit states.
Court documents state Ted Toms reportedly reached out to the restaurant demanding that the images be taken down and the restaurant continued to use unauthorized photos of Toms and others to promote the business and services.
“As a consequence of the Defendant’s outrageous actions and response to Plaintiffs’ rightful concerns and interests, Plaintiffs find it necessary to seek this court’s intervention to curtail Defendant’s unlawful activities and to obtain the legal and equitable remedies to which Plaintiffs are entitled,” the lawsuit states.
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The group claims the Monroe restaurant violated Section 43(a)(1)(A) of the Lanham Act, North Carolina’s privacy-based tort of Wrongful Appropriation of Personal Image, and North Carolina’s Unfair and Deceptive Trade Practices Act.
Lanham Act: “Any person who, on or in connection with any…services…uses in commerce any…device…or any misdescription of fact, or false or misleading representation of fact, which…is likely to cause confusion, or to cause mistake, or to deceive as to the…approval of his or her goods, services or commercial activities by another person…shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.”
Wrongful Appropriation of Personal Image: “This form of tortious activity includes the unauthorized appropriation of a person’s likeness in connection with an advertisement or commercial enterprise, i.e., for the defendant’s commercial advantage.”
Unfair and Deceptive Trade Practices Act: “Constitute an unfair method of competition in or affecting commerce, or are unfair and deceptive acts or practices in and affecting commerce; and cause a likelihood of confusion or misunderstanding as to the sponsorship, approval, or association of East Frank’s business and services with each Plaintiff.”
The lawsuit states that the seven plaintiffs are asking that the Monroe restaurant stop using their images for advertising, take down all altered photos that have been used in the past, a public apology, and monetary remedies among other requests.
Statement from East Franklin Superette and Kitchen sent to Queen City News:
“We at East Frank agree that this lawsuit to be politically motivated but unfortunately we are unable to discuss this any further at this time. Thank you for your interest and giving us the opportunity to speak on this,” Owner and operator Carley Englander said.
This is a developing story ; check back for updates
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