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(Wisconsin Gazette)   Restaurant owner faces $5,000 judgment for starting gay rumor about customer   (wisconsingazette.com) divider line
    More: Silly, Texas Supreme Court, Johnson County, morris, central nervous systems, trial court, own  
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9932 clicks; posted to Main » on 06 Feb 2012 at 12:54 PM (8 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2012-02-06 9:53:21 AM  
In court, Warren and Morris testified that they are not gay, and Morris said he repeatedly asked Van Meter to stop asking the questions but she refused, saying it would take a lawsuit to get her to stop.

Ask and ye shall receive.
 
2012-02-06 9:57:53 AM  
I was going to say something about this ruling would indicate that there is something wrong with being gay which seems quite wrong. Like would you offer money to someone for hurting a white guy's reputation by suggesting he's black? Then I read it was in Texas. No hope anyway.
 
2012-02-06 10:05:42 AM  

WorldCitizen: I was going to say something about this ruling would indicate that there is something wrong with being gay which seems quite wrong.


A rumor's a rumor, whether you agree the particular insinuation itself should be viewed negatively. It was intended to hurt.

I'm just not so sure how damaging it really was. Pretty tenuous connection between cause and effect IMHO. The guy was a regular. Two maybe three times a day? I would think the other patrons knew him pretty well.
 
2012-02-06 10:15:12 AM  
Texas: Welcome to America's Dark Ages
 
2012-02-06 11:02:07 AM  
farm5.static.flickr.comView Full Size
 
2012-02-06 11:19:03 AM  
For awhile, people starting rumors about me was the only way I ever got dates.
 
2012-02-06 12:00:10 PM  
wait, bruce willis' kid came out? i need to start reading tmz.
 
2012-02-06 12:03:04 PM  
These are the sort of things that happen when you go to the Blue Oyster Bar & Grill 3 times a day.

/really Frank's Place, but that won't stop me.
 
2012-02-06 12:55:23 PM  
seriously?
 
2012-02-06 12:59:03 PM  
I'm very curious how he proved that the allegations hurt his business. That's really the toughest thing to pove in cases like these.
 
2012-02-06 12:59:55 PM  
Not that there's anything wrong with that...

Seriously though, if there's nothing wrong with being gay, how can being called gay be defamatory / slanderous?

/IANAL
/DNRTFA
 
2012-02-06 1:00:49 PM  
If a member of the waitstaff were to harrass me in any way, such as this, I would demonstrate my displeasure by taking my business elsewhere and letting the business owner know that they are losing my custom. I cannot fathom why this person returned to the restaurant every day for 20 years with this going on.

"The food is so good, I endured their homophobic remarks for twenty years to the detriment of my health"
 
2012-02-06 1:01:03 PM  
It's bad to be gay? Or just bad to be called gay?
 
2012-02-06 1:02:19 PM  
I guess they're not ready to come out yet.
 
2012-02-06 1:04:41 PM  
how do i get in on this gayvy train?
 
2012-02-06 1:06:19 PM  
From the article - Morris had been a regular customer at Frank's Place, dining there two or three times a day for 20 years,

What a lamoid.

Cook your own food if thats not too much of a challenge for ya.
 
2012-02-06 1:07:43 PM  
It's judgment, not judgEment, Subby.

/shakes tiny lawyer fist
 
2012-02-06 1:08:22 PM  

Attila the Bun: Not that there's anything wrong with that...

Seriously though, if there's nothing wrong with being gay, how can being called gay be defamatory / slanderous?


You're a ballerina.

/and there's nothing wrong with that
 
2012-02-06 1:09:29 PM  
Oddly enough, as the stigma associated with being openly gay disappears, so will the justification for this lawsuit.
 
2012-02-06 1:10:14 PM  
Yeah, this one's a puzzler. In Normal-world, it's not a slur to state mistakenly - joking or not - that someone is gay. It's just dumb. Pointless. So on those grounds, no damages should be recoverable.

But this is Texas, and the restaurant owner does sound like she was being rather dickish, just because she was making the same ridiculous statement about a customer over and over, regardless of its content.

Sounds like she got off lucky with $5,000.

Next case!
 
2012-02-06 1:10:30 PM  

L.D. Ablo: It's judgment, not judgEment, Subby.

/shakes tiny lawyer fist


motherfarkin Webster
 
2012-02-06 1:10:43 PM  

Attila the Bun: Not that there's anything wrong with that...

Seriously though, if there's nothing wrong with being gay, how can being called gay be defamatory / slanderous?

/IANAL
/DNRTFA


#1 - whether you want to be out or not is the individual's choice
#2 - when a ton of people do think it's bad, there can be negative consequences even if you personally don't find anything bad about being gay

It's defamatory, regardless of the particular accusation.

But like I said earlier, he's going to have a rough time proving a causal connection to his failed business.
 
2012-02-06 1:12:54 PM  

Bob16: From the article - Morris had been a regular customer at Frank's Place, dining there two or three times a day for 20 years,

What a lamoid.

Cook your own food if thats not too much of a challenge for ya.


If you do the math, that's quite a bit of money a year to loss. Even if it's just a coffee and pie on one of the 2 to 3 times a day, and the other 1 to 2 times were full meals.
/restaurant owner is dumb
 
2012-02-06 1:15:56 PM  
I think it would depend on the business he is in. If he is an interior decorator, no harm done. If he is an urologist, I can see where it might drive away some customers.

Yeah, I went there. NTTAWWT
 
2012-02-06 1:17:29 PM  

Diogenes: But like I said earlier, he's going to have a rough time proving a causal connection to his failed business.


Apparently he was able to prove it to the tune of $5000. Not a lot, but he made his point.
 
2012-02-06 1:19:03 PM  
Should be interesting how he "proves" it.
 
2012-02-06 1:19:47 PM  

cefm: Oddly enough, as the stigma associated with being openly gay disappears, so will the justification for this lawsuit.


Nope, it'll still be there. Regardless of stigma, it's an accusation of misrepresentation. He has represented himself as a straight man; she has attempted to call that representation into question without just cause. If I represent myself as having a bachelor's in math and you claim to the public that, in fact, I have a degree in, say, communications, then you implicitly assert that I have lied and misrepresented myself.
 
2012-02-06 1:20:47 PM  
What does a Phong van meter look like? Is it an add-on for the dash, or what?
 
2012-02-06 1:21:53 PM  

WorldCitizen: I was going to say something about this ruling would indicate that there is something wrong with being gay which seems quite wrong. Like would you offer money to someone for hurting a white guy's reputation by suggesting he's black? Then I read it was in Texas. No hope anyway.


Another key is the intent. If you're spreading rumors that someone is gay / atheist / Jewish / whatever with the intention of it being damaging, even if most reasonable people might not consider it to be damaging, then it's slander.

cgraves67: If a member of the waitstaff were to harrass me in any way, such as this, I would demonstrate my displeasure by taking my business elsewhere and letting the business owner know that they are losing my custom. I cannot fathom why this person returned to the restaurant every day for 20 years with this going on.

"The food is so good, I endured their homophobic remarks for twenty years to the detriment of my health"


There's a few places...

When I was on a tunnel contract in Hudson Falls, NY, there was a local pizza/wings joint called Chef Jeffs. Their vinegar/mustard based sauce was farking incredible. They could could have called me whatever the hell they wanted as long as they still served the food. :0
 
2012-02-06 1:22:08 PM  

Godscrack: For awhile, people starting rumors about me was the only way I ever got dates.

So, you paid women to write on bathroom walls "Godscrack has a big c**k" ?
 
2012-02-06 1:24:23 PM  

Bob16: From the article - Morris had been a regular customer at Frank's Place, dining there two or three times a day for 20 years,

What a lamoid.

Cook your own food if thats not too much of a challenge for ya.


perhaps some people live in walk up the stairs buildings, escalating bringing home bags of groceries from a chore to a taxing work-out.
some people live spartan lifestyles. perhaps he just rents a room and does not have cooking privileges.
maybe he's like my wife, who prefers someone else do all the cooking, except for the 1 or 2 holiday glory meals a year when she pretends to be a wife.
so many possibilities.
insulting customers or making patrons feel uneasy is piss-poor customer service unless you truly want them to go elsewhere.
 
2012-02-06 1:27:20 PM  
In addition to awarding Morris $5,000 in damages for mental anguish, the judge ordered Van Meter to stop making or publishing "defamatory, libelous and slanderous" statements against Morris, including that he and Warren are "homosexual partners or lovers."


How does an 8 year old own a restaurant?
 
2012-02-06 1:27:56 PM  

L.D. Ablo: It's judgment, not judgEment, Subby.

/shakes tiny lawyer fist


*FIST BUMP*
 
2012-02-06 1:31:20 PM  
I think perhaps the article writer made a mistake when he or she wrote 2 or 3 times a day, and instead meant 2 or 3 times a week.
 
2012-02-06 1:32:58 PM  

Attila the Bun: Not that there's anything wrong with that...

Seriously though, if there's nothing wrong with being gay, how can being called gay be defamatory / slanderous?

/IANAL
/DNRTFA


Heehee... I ANAL
 
2012-02-06 1:35:06 PM  
I'm still confused as to why it took 20 years for this guy to get tired of this woman's shiat. Was the food there really THAT good? I would have walked out without finishing my meal the first time a resturant owner or employee made me feel like that. Don't care what they were emplying. Just one more example of what is wrong with american buisness today, once apon a time "the customer was always right" and most places were gratefull for your buisness and hard earned cash. Now they could care less if you are right and feel YOU should feel privilaged that they even let you through the door!
 
2012-02-06 1:35:21 PM  

mikaloyd: It's bad to be gay? Or just bad to be called gay?


armchairgeneralist.typepad.comView Full Size

Come with me citizen.
 
GBB
2012-02-06 1:35:55 PM  
everything is bigger in Texas. Including the douchebags.
 
2012-02-06 1:39:17 PM  
I Love You Philip Morris!!

/maybe she got her gay Morris' from Texas confused
 
2012-02-06 1:40:46 PM  

Kraut10: I'm still confused as to why it took 20 years for this guy to get tired of this woman's shiat. Was the food there really THAT good? I would have walked out without finishing my meal the first time a resturant owner or employee made me feel like that. Don't care what they were emplying. Just one more example of what is wrong with american buisness today, once apon a time "the customer was always right" and most places were gratefull for your buisness and hard earned cash. Now they could care less if you are right and feel YOU should feel privilaged that they even let you through the door!


I wonder why...
[image from cdn0.deathandtaxesmag.com too old to be available]
Degrading intestinal tracts for over 25 years.
 
2012-02-06 1:40:49 PM  
The customer's not gay, but he kept going back to the restaurant where the owner kept insinuating he was gay. Are there no other restaurants in that town? Did this not become a problem for him until his boyfriend got pissed about it?

/I want answers!
 
2012-02-06 1:41:37 PM  
While there's nothing wrong with being gay, having rumours started about being gay can drive women away from the guy.

I'm talking about experience. A couple of years ago, at my then current workplace, someone apparently started a rumour about me being gay.

I found out when I was courting this girl and when I made my intentions clear she told me she was surprised because she thought I was gay.

Then a female aquintance confirmed there was some talk in the office about it.

It was infuriating.
 
2012-02-06 1:42:09 PM  
What? Gay, dear? Who, dear? Me dear? No, dear

4.bp.blogspot.comView Full Size


How very dare you!
 
2012-02-06 1:42:45 PM  

Kraut10: I'm still confused as to why it took 20 years for this guy to get tired of this woman's shiat. Was the food there really THAT good? I would have walked out without finishing my meal the first time a resturant owner or employee made me feel like that. Don't care what they were emplying. Just one more example of what is wrong with american buisness today, once apon a time "the customer was always right" and most places were gratefull for your buisness and hard earned cash. Now they could care less if you are right and feel YOU should feel privilaged that they even let you through the door!


And how do you squeeze 20 years of dining in After the woman calls him 'ghey' in 2007, 2008?
 
2012-02-06 1:43:40 PM  

cgraves67: I cannot fathom why this person returned to the restaurant every day for 20 years with this going on.

"The food is so good, I endured their homophobic remarks for twenty years to the detriment of my health"



Kraut10: I'm still confused as to why it took 20 years for this guy to get tired of this woman's shiat.


Know how I can tell you didn't read the article?
 
2012-02-06 1:45:58 PM  

An Account To Make Comments: Kraut10: I'm still confused as to why it took 20 years for this guy to get tired of this woman's shiat. Was the food there really THAT good? I would have walked out without finishing my meal the first time a resturant owner or employee made me feel like that. Don't care what they were emplying. Just one more example of what is wrong with american buisness today, once apon a time "the customer was always right" and most places were gratefull for your buisness and hard earned cash. Now they could care less if you are right and feel YOU should feel privilaged that they even let you through the door!

And how do you squeeze 20 years of dining in After the woman calls him 'ghey' in 2007, 2008?


I'm sure that's not the only time he felt insulted there. Just saying, once would be enough for me.
 
2012-02-06 1:48:47 PM  

Attila the Bun: Seriously though, if there's nothing wrong with being gay, how can being called gay be defamatory / slanderous?


This is Texas. Being gay in Texas carries an automatic death penalty, and the natives love to kill them.
 
2012-02-06 1:49:21 PM  
We should totally start a rumor about the restaurant owner.
 
2012-02-06 1:50:38 PM  

treesloth: cgraves67: I cannot fathom why this person returned to the restaurant every day for 20 years with this going on.

"The food is so good, I endured their homophobic remarks for twenty years to the detriment of my health"


Kraut10: I'm still confused as to why it took 20 years for this guy to get tired of this woman's shiat.

Know how I can tell you didn't read the article?


I got a few paragraphs in. What stunning revelations were further down the page?
 
2012-02-06 1:50:46 PM  
Good thing she didn't tell him to go get his shine box.
takemystockplease.comView Full Size
 
2012-02-06 1:51:33 PM  
Better than going to jail where you're sure to get more than just the tip.
 
2012-02-06 1:57:29 PM  

MoreVespeneGas: seriously?


2nd
 
2012-02-06 2:04:36 PM  

cgraves67: I got a few paragraphs in. What stunning revelations were further down the page?


I know a great way you can find out...
 
2012-02-06 2:06:09 PM  
so for the people who thought is was ok that she started rumors that he was gay.
You would be ok if he started rumors that her restaurant has rats and roaches?
It is JUST a rumor, they dont have to eat there.

/no I am not saying that being gay is the same as having rats. but that does make me LOL that you would think that.
 
2012-02-06 2:06:46 PM  

MBooda: Good thing she didn't tell him to go get his shine box.
[takemystockplease.com image 500x399]


is that tim curry in the background ??? LOL
 
2012-02-06 2:07:48 PM  
weknowmemes.comView Full Size
 
2012-02-06 2:08:11 PM  
Why would you do this to a regular customer? What a moronic way to run a business.
 
2012-02-06 2:09:24 PM  

treesloth: cgraves67: I got a few paragraphs in. What stunning revelations were further down the page?

I know a great way you can find out...


Hats off to you sir. Your snark was much better than mine.
 
2012-02-06 2:09:45 PM  

cig-mkr: Godscrack: For awhile, people starting rumors about me was the only way I ever got dates.
So, you paid women to write on bathroom walls "Godscrack has a big c**k" ?


"paid"? "women"? Nah, freelanced.
 
2012-02-06 2:10:21 PM  
Ahhhh Alvarado....the mole in the armpit of Texas.
 
2012-02-06 2:10:31 PM  
If he is not gay, maybe he should suck it up and move on. There are other restaurants.
 
2012-02-06 2:11:05 PM  

wildcardjack: [weknowmemes.com image 640x868]


Sharing a drink and fries is gay.
 
2012-02-06 2:13:31 PM  
From the verdict.

"Warren also recalled an instance where he saw Van Meter and a waitress named Debbie outside of the restaurant, presumably on break. During the break, Warren observed Debbie climb on the top of his truck and write the following on his windshield, 'Looking for gay friends.' Warren testified that he saw Van Meter laugh when Debbie wrote this statement on his windshield."
 
2012-02-06 2:15:08 PM  

rocky_howard: While there's nothing wrong with being gay, having rumours started about being gay can drive women away from the guy.

I'm talking about experience. A couple of years ago, at my then current workplace, someone apparently started a rumour about me being gay.

I found out when I was courting this girl and when I made my intentions clear she told me she was surprised because she thought I was gay.

Then a female aquintance confirmed there was some talk in the office about it.

It was infuriating.


No. You just got to convince them that they need to sway you back to the heterosexual 'team'.
 
2012-02-06 2:17:22 PM  

namatad: so for the people who thought is was ok that she started rumors that he was gay.
You would be ok if he started rumors that her restaurant has rats and roaches?


So, being gay is equivalent to a restaurant having rats & roaches? I admit, I push the envelope when I compare it to eating boogers, but they're both potentially objectionable forms of personal behavior. Comparing it to clearly unsanitary, illegal conditions? Quite past the line, if I do say so myself.
 
2012-02-06 2:19:21 PM  

Rich Cream: cig-mkr: Godscrack: For awhile, people starting rumors about me was the only way I ever got dates.
So, you paid women to write on bathroom walls "Godscrack has a big c**k" ?

"paid"? "women"? Nah, freelanced.

I couldn't afford to pay in my teenage years either, so I took the situation in hand and did it myself too.
 
2012-02-06 2:30:59 PM  
In order to benefit from a civil union, do you have to have sex with the person? Does the law force you to be having sex with someone to have a gay marriage? How do they know?
 
2012-02-06 2:37:17 PM  
It happened in 2007 and 2008. I guess he just got around to being pissed off. It could have been the chaps and thong that tipped them off.
bathsheba69.comView Full Size
 
2012-02-06 2:41:11 PM  
It's impossible to tell from the story if Phong Van Meter the Rumourmonger is male or female. NTTIAWWT.
 
2012-02-06 2:42:17 PM  

Bob16: From the article - Morris had been a regular customer at Frank's Place, dining there two or three times a day for 20 years,

What a lamoid.

Cook your own food if thats not too much of a challenge for ya.


That happens to be common behavior for bachelors of a certain age, some of whom are probably closeted gays.

I used to know a guy like that. Serious hobbyist? Check (electronics). Madcap sense of humor? Check (BunaBs, among other stuff). Kitty cat? Check (it was named Stupid). Mysterious college-age roomers? Check. Dinner at the same joint every night for decades? Check (with double martinis).
 
2012-02-06 2:50:09 PM  

pervvywanker: It happened in 2007 and 2008. I guess he just got around to being pissed off. It could have been the chaps and thong that tipped them off.
[www.bathsheba69.com image 150x300]


[image from yoursdaily.com too old to be available]

Maybe he was a real Native American chief and dressed like that all the time.
 
2012-02-06 2:51:22 PM  

olddeegee: Does the law force you to be having sex with someone to have a gay marriage? How do they know?


Good question. Iirc, the law allows for an annulment in the case of an inability to conceive. The law also allows for divorce on the grounds of "sexual neglect". Hence, I believe the law requires sex within a marriage if expected by one of the parties therein.
 
2012-02-06 2:54:36 PM  
Someday a case like this will be meritless because nobody will care. Much like accusing someone of being tall.
 
2012-02-06 2:54:59 PM  
Everyone assumes I'm gay, because I'm handsome, smart, nice, and well-dressed. And because I talk with a very slight lisp. And have the voice of an angel.

When can I sue?
 
2012-02-06 2:58:18 PM  

reillan: Everyone assumes I'm gay, because I'm handsome, smart, nice, and well-dressed. And because I talk with a very slight lisp. And have the voice of an angel.

When can I sue?


Don't you have to be at the gym in 26 minutes?
 
2012-02-06 3:02:22 PM  

reillan: Everyone assumes I'm gay, because I'm handsome, smart, nice, and well-dressed.


Are you attractive and successful, too?
 
2012-02-06 3:06:23 PM  

Kraut10: I'm still confused as to why it took 20 years for this guy to get tired of this woman's shiat. Was the food there really THAT good? I would have walked out without finishing my meal the first time a resturant owner or employee made me feel like that. Don't care what they were emplying. Just one more example of what is wrong with american buisness today, once apon a time "the customer was always right" and most places were gratefull for your buisness and hard earned cash. Now they could care less if you are right and feel YOU should feel privilaged that they even let you through the door!


Having spent my college and pre-college years working in retail and at restaurants I can say the customers often deserve it. Some people take that "customers always right" motto as an excuse to treat employees however they want. Those type of customers can go suck a bag of herpes-riden cocks until they learn to that they arent special snow flackes and learn to treat their fellow man as they would like to be treated.
 
2012-02-06 3:07:59 PM  

HAMMERTOE: namatad: so for the people who thought is was ok that she started rumors that he was gay.
You would be ok if he started rumors that her restaurant has rats and roaches?

So, being gay is equivalent to a restaurant having rats & roaches? I admit, I push the envelope when I compare it to eating boogers, but they're both potentially objectionable forms of personal behavior. Comparing it to clearly unsanitary, illegal conditions? Quite past the line, if I do say so myself.


Imagine somebody spreading rumors that you are a Republican then.
 
2012-02-06 3:08:27 PM  
I lol'd at the "silly" tag
 
2012-02-06 3:09:41 PM  

HAMMERTOE: namatad: so for the people who thought is was ok that she started rumors that he was gay.
You would be ok if he started rumors that her restaurant has rats and roaches?

So, being gay is equivalent to a restaurant having rats & roaches? I admit, I push the envelope when I compare it to eating boogers, but they're both potentially objectionable forms of personal behavior. Comparing it to clearly unsanitary, illegal conditions? Quite past the line, if I do say so myself.


actually it's worst.. in some parts of the US, and certainly in the south being known as a gay male can bring potential danger to yourself or your family.... or at best being alienated by a big part of the local society.
 
2012-02-06 3:10:15 PM  
Really dude?? How hard is it to make a biatch cry. biatch calls you gay or whatever, that's fine. The next time you see her with a large group of people. Just start in on the coont. "Hey slut, maybe guys would be more interested in your cooch if it wasn't attached to a bunt. Just because I don't like cankles, and cheese smell doesn't mean I'm gay, I am just repulsed by your nasty ass. etc." Also this is Texas, so I'm sure you could throw in something like "Nice farking teeth, did you try to blow a tree trunk?" or "I'm not saying she's a nympho but I wouldn't leave her alone with your dog...." shiat like that. Girls are easy to depress.....
 
2012-02-06 3:14:11 PM  
Only order from the straight side of the menu unless you can pronounce it.
 
2012-02-06 3:15:30 PM  
He's not gay. It's just all the guys giving him BJs that are gay.
 
2012-02-06 3:18:29 PM  

Lone Stranger: He's not gay. It's just all the guys giving him BJs that are gay.


They're not gay either because there's no kissing before or afterward.
 
2012-02-06 3:20:41 PM  

Rich Cream: wildcardjack: [weknowmemes.com image 640x868]

Sharing a drink and fries is gay.


Even when there's a two chick sandwich involved?
 
2012-02-06 3:24:24 PM  

Ed Finnerty: Texas: Welcome to America's Dark Ages


Meh, working this hard at being a douche will get you sued eventually in any other state, too. That guy seems to have really been pushing for almost this specific outcome with the constant harassment.
 
2012-02-06 3:24:39 PM  
Liberace unavailable for comment.
 
2012-02-06 3:28:08 PM  
Only $5000?

It must have been true.
 
2012-02-06 3:38:41 PM  
towleroad.typepad.comView Full Size


That's SO Takei...
 
2012-02-06 3:56:09 PM  
What sort of business does she do? Why would you want to get rid of such a good repeat customer?
 
2012-02-06 3:56:52 PM  

Oznog: That's SO Takei...


Oh, my...
 
2012-02-06 3:59:38 PM  

umad: HAMMERTOE: namatad: so for the people who thought is was ok that she started rumors that he was gay.
You would be ok if he started rumors that her restaurant has rats and roaches?

So, being gay is equivalent to a restaurant having rats & roaches? I admit, I push the envelope when I compare it to eating boogers, but they're both potentially objectionable forms of personal behavior. Comparing it to clearly unsanitary, illegal conditions? Quite past the line, if I do say so myself.

Imagine somebody spreading rumors that you are a Republican then.


Spreading rumours about someone being Republican - in Texas? From what I hear, they like that sort of thing there.
 
2012-02-06 4:11:47 PM  
I was born in San Francisco and lived there most of my life, there this suit would have been laughed off during filing. That said, this Phong biatch needed shutting up and nothing shuts a woman up faster than grabbing her purse (figuratively, of course).

/It wasn't about the insult, it was about the jerk throwing it.
 
2012-02-06 4:19:10 PM  

ProfessorOhki: Rich Cream: wildcardjack: [weknowmemes.com image 640x868]

Sharing a drink and fries is gay.

Even when there's a two chick sandwich involved?




oh, a two-chick sandwich, not two sandwiches. nise.
 
2012-02-06 4:23:56 PM  

Avery614: Really dude?? How hard is it to make a biatch cry. biatch calls you gay or whatever, that's fine. The next time you see her with a large group of people. Just start in on the coont. "Hey slut, maybe guys would be more interested in your cooch if it wasn't attached to a bunt. Just because I don't like cankles, and cheese smell doesn't mean I'm gay, I am just repulsed by your nasty ass. etc." Also this is Texas, so I'm sure you could throw in something like "Nice farking teeth, did you try to blow a tree trunk?" or "I'm not saying she's a nympho but I wouldn't leave her alone with your dog...." shiat like that. Girls are easy to depress.....


Favorite'd!! LOL what a dirty mouth.
 
2012-02-06 4:25:31 PM  

WorldCitizen: I was going to say something about this ruling would indicate that there is something wrong with being gay which seems quite wrong. Like would you offer money to someone for hurting a white guy's reputation by suggesting he's black? Then I read it was in Texas. No hope anyway.


I came for some PC comment like yours, and it only took 3 posts to find it. Yes it is defamatory (and/or, false light) to say a hetero is gay, just like it is to say a monogamous hetero is promiscuous when he isn't.

Sexual behavior does not equal race.

mikaloyd: It's bad to be gay? Or just bad to be called gay?


The latter, if one is not. If you wittle hissy-fitters can't see the difference, take a Valium.
 
2012-02-06 4:31:10 PM  

StanTheMan: WorldCitizen: I was going to say something about this ruling would indicate that there is something wrong with being gay which seems quite wrong. Like would you offer money to someone for hurting a white guy's reputation by suggesting he's black? Then I read it was in Texas. No hope anyway.

I came for some PC comment like yours, and it only took 3 posts to find it. Yes it is defamatory (and/or, false light) to say a hetero is gay, just like it is to say a monogamous hetero is promiscuous when he isn't.

Sexual behavior does not equal race.

mikaloyd: It's bad to be gay? Or just bad to be called gay?

The latter, if one is not. If you wittle hissy-fitters can't see the difference, take a Valium.


Wonder what would happen if it had been religion. What's the emotional damage of calling a Texan a "mooslim."
 
2012-02-06 4:31:21 PM  

StanTheMan: Sexual behavior does not equal race.


I don't know, some of them Africans sure like to fark a lot.

/racist, that is
 
2012-02-06 4:41:27 PM  

Attila the Bun: Not that there's anything wrong with that...

Seriously though, if there's nothing wrong with being gay, how can being called gay be defamatory / slanderous?

/IANAL
/DNRTFA


If you're gay, there's nothing wrong with being called gay. Just like if you have anal warts, there's nothing wrong with being called wart-ass. But if you don't have anal warts, being called wart-ass is a huge insult. Make sense?
 
2012-02-06 5:16:28 PM  

rocky_howard: Avery614: Really dude?? How hard is it to make a biatch cry. biatch calls you gay or whatever, that's fine. The next time you see her with a large group of people. Just start in on the coont. "Hey slut, maybe guys would be more interested in your cooch if it wasn't attached to a bunt. Just because I don't like cankles, and cheese smell doesn't mean I'm gay, I am just repulsed by your nasty ass. etc." Also this is Texas, so I'm sure you could throw in something like "Nice farking teeth, did you try to blow a tree trunk?" or "I'm not saying she's a nympho but I wouldn't leave her alone with your dog...." shiat like that. Girls are easy to depress.....

Favorite'd!! LOL what a dirty mouth.


Thanks man, I aim to please.....or at the very least amuse.
 
2012-02-06 5:27:41 PM  

StanTheMan: Sexual behavior does not equal race.


Funny how people like you fixate on the sex part and not the biggest, most important part which is the love. Your partners must be blessed.

Hell, you could have sex with a monkey, Stan. But could you fall in intimate love with one?

Well, you might be the wrong person to ask that of.
 
2012-02-06 5:28:55 PM  

StoPPeRmobile: Kraut10: I'm still confused as to why it took 20 years for this guy to get tired of this woman's shiat. Was the food there really THAT good? I would have walked out without finishing my meal the first time a resturant owner or employee made me feel like that. Don't care what they were emplying. Just one more example of what is wrong with american buisness today, once apon a time "the customer was always right" and most places were gratefull for your buisness and hard earned cash. Now they could care less if you are right and feel YOU should feel privilaged that they even let you through the door!

I wonder why...

Degrading intestinal tracts for over 25 years.


I feel so much better now, thanks!
 
2012-02-06 5:33:13 PM  

Attila the Bun: Seriously though, if there's nothing wrong with being gay, how can being called gay be defamatory / slanderous?


mikaloyd: It's bad to be gay? Or just bad to be called gay?


Things are different in Texas. It would be great if they really could secede. It would be better if they'd farking grow up already.

cefm: Oddly enough, as the stigma associated with being openly gay disappears, so will the justification for this lawsuit.


The justification, as I understand it, is intentional harm. It's less relevant how it was done. Also as I understand it, including from people living there, and having visited myself, much of Texas (probably most of it) is a place where such rumours really are damaging. This is, after all, the state whose anti-sodomy law finally brought down the wrath of the U.S. Supreme Court against busybody prudes nationwide. IANAL, but my grasp if this is that the judgment is justified by what some court has agreed is apparently good evidence that these rumours did cause actual harm, and that they were intended to do so, though probably primarily intended to 'defame' the petitioner. So it's a combination of intent and result following intent that creates the actionable harm. And yes, if Texas ever grows up, such cases won't happen, because real harm won't result.

Diogenes: Attila the Bun: Not that there's anything wrong with that...

Seriously though, if there's nothing wrong with being gay, how can being called gay be defamatory / slanderous?

/IANAL
/DNRTFA

#1 - whether you want to be out or not is the individual's choice
#2 - when a ton of people do think it's bad, there can be negative consequences even if you personally don't find anything bad about being gay

It's defamatory, regardless of the particular accusation.

But like I said earlier, he's going to have a rough time proving a causal connection to his failed business.


litespeed74: Should be interesting how he "proves" it.


It sounds like he already did. I would think it unlikely, too, but TFA appears (unless I've misread it) to refer to a case that's already been decided.

chookbillion: I think perhaps the article writer made a mistake when he or she wrote 2 or 3 times a day, and instead meant 2 or 3 times a week.


That's my guess, too. Still, a regular customer. When I ran restaurants, regulars were gold, unless they regularly caused us some kind of trouble, which most people didn't. (I don't really like most people, but honestly, if you give them a chance, most of them are pretty decent, if not especially likable.)

Kraut10: I'm still confused as to why it took 20 years for this guy to get tired of this woman's shiat.


My guess is that he didn't think it mattered, until he started to see his business slide. This might also be a Texas thing, in that going away would be giving in or something. It's possible that everyone involved could use a dopeslap.

No_Good_Name: What sort of business does she do? Why would you want to get rid of such a good repeat customer?


Max Awesome: Why would you do this to a regular customer? What a moronic way to run a business.


I agree, but a surprising number of small business owners are like that. They have this concept of who 'should' be customers and who 'should not,' and that's more important to some of them than getting the money. It makes no sense to me, either, but it's common enough.

Kevin72: It's impossible to tell from the story if Phong Van Meter the Rumourmonger is male or female. NTTIAWWT.


Except for the repeated use of 'she' throughout.

reillan: Everyone assumes I'm gay, because I'm handsome, smart, nice, and well-dressed. And because I talk with a very slight lisp. And have the voice of an angel.

When can I sue?


When and if you can demonstrate real intentional harm. Good luck.

SquiggelyGrounders: Having spent my college and pre-college years working in retail and at restaurants I can say the customers often deserve it.


Having run restaurants, I can say that you were the kind of punk-ass college-age jerk that needed to be fired a lot more often. If you worked for me, you would have been. If you weren't, then you worked for owners like the one in TFA. Often known as "former owners".
 
2012-02-06 5:35:39 PM  

Teen Wolf Blitzer: If you're gay, there's nothing wrong with being called gay.


Unless you're closeted because you live in a particularly bigoted place, and someone calling you that leads to some kind of demonstrable harm that you can attribute to the slander. That's what this case was about. Not name-calling, but actionable defamation and demonstrable harm.
 
2012-02-06 5:36:33 PM  

Cythraul: We should totally start a rumor about the restaurant owner.


I heard Phong Van Meter raped and murdered a young girl in 1990.
 
2012-02-06 5:54:34 PM  

Sylvia_Bandersnatch: Attila the Bun: Seriously though, if there's nothing wrong with being gay, how can being called gay be defamatory / slanderous?

mikaloyd: It's bad to be gay? Or just bad to be called gay?

Things are different in Texas. It would be great if they really could secede. It would be better if they'd farking grow up already.

cefm: Oddly enough, as the stigma associated with being openly gay disappears, so will the justification for this lawsuit.

The justification, as I understand it, is intentional harm. It's less relevant how it was done. Also as I understand it, including from people living there, and having visited myself, much of Texas (probably most of it) is a place where such rumours really are damaging. This is, after all, the state whose anti-sodomy law finally brought down the wrath of the U.S. Supreme Court against busybody prudes nationwide. IANAL, but my grasp if this is that the judgment is justified by what some court has agreed is apparently good evidence that these rumours did cause actual harm, and that they were intended to do so, though probably primarily intended to 'defame' the petitioner. So it's a combination of intent and result following intent that creates the actionable harm. And yes, if Texas ever grows up, such cases won't happen, because real harm won't result.

Diogenes: Attila the Bun: Not that there's anything wrong with that...

Seriously though, if there's nothing wrong with being gay, how can being called gay be defamatory / slanderous?

/IANAL
/DNRTFA

#1 - whether you want to be out or not is the individual's choice
#2 - when a ton of people do think it's bad, there can be negative consequences even if you personally don't find anything bad about being gay

It's defamatory, regardless of the particular accusation.

But like I said earlier, he's going to have a rough time proving a causal connection to his failed business.

litespeed74: Should be interesting how he "proves" it.

It sounds like he already did. I would think it unlik ...


Oh...that was the case! penis vs vagina....
 
2012-02-06 6:05:51 PM  

litespeed74: Oh...that was the case! penis vs vagina....


I remember that one! It was all over the Internet while it was going on. The defense took a real pounding.
 
2012-02-06 6:17:05 PM  

Sylvia_Bandersnatch: SquiggelyGrounders: Having spent my college and pre-college years working in retail and at restaurants I can say the customers often deserve it.

Having run restaurants, I can say that you were the kind of punk-ass college-age jerk that needed to be fired a lot more often. If you worked for me, you would have been. If you weren't, then you worked for owners like the one in TFA. Often known as "former owners".



Right. Cause you can tell everything about a person and their past employers just from a single post on Fark. You sound like your an asshole employer from the south or some corporate bottom-liner that regularly screws over employees because "fark em, I can get unskilled workers anywhere." See, I can make jack ass statements just like you. Now we are both internet tough guys; isnt this fun.

I'm glad that I worked for employers that didnt tolerate abusive customers. The kind of employers/managers that would back you and take the abuse rather than letting the lowest paid employees get shiat on by random self-important assholes off the street.
 
2012-02-06 6:30:45 PM  
So when he comes out of the closet he will have to pay the 5 grand back?
 
2012-02-06 6:49:04 PM  

Diogenes: Attila the Bun: Not that there's anything wrong with that...

Seriously though, if there's nothing wrong with being gay, how can being called gay be defamatory / slanderous?

/IANAL
/DNRTFA

#1 - whether you want to be out or not is the individual's choice
#2 - when a ton of people do think it's bad, there can be negative consequences even if you personally don't find anything bad about being gay

It's defamatory, regardless of the particular accusation.

But like I said earlier, he's going to have a rough time proving a causal connection to his failed business.


I think it's partly that someone was deliberately being annoying to another person and this was just the best category for a 'make this biatch shut the fark up' lawsuit.
 
2012-02-06 7:28:00 PM  

SquiggelyGrounders: Sylvia_Bandersnatch: SquiggelyGrounders: Having spent my college and pre-college years working in retail and at restaurants I can say the customers often deserve it.

Having run restaurants, I can say that you were the kind of punk-ass college-age jerk that needed to be fired a lot more often. If you worked for me, you would have been. If you weren't, then you worked for owners like the one in TFA. Often known as "former owners".


Right. Cause you can tell everything about a person and their past employers just from a single post on Fark. You sound like your an asshole employer from the south or some corporate bottom-liner that regularly screws over employees because "fark em, I can get unskilled workers anywhere." See, I can make jack ass statements just like you. Now we are both internet tough guys; isnt this fun.

I'm glad that I worked for employers that didnt tolerate abusive customers. The kind of employers/managers that would back you and take the abuse rather than letting the lowest paid employees get shiat on by random self-important assholes off the street.


Never mind that I'm almost the exact opposite of what you're accusing me of. Your own choice of words, and the attitude they reveal, go a long way towards validating my first and second impressions of you. Attitudes like yours ruin businesses. That's all there is to it. The rest is just shiat you say to your buddies over beers, and not relevant.
 
2012-02-06 7:33:10 PM  

Sylvia_Bandersnatch: SquiggelyGrounders: Sylvia_Bandersnatch: SquiggelyGrounders: Having spent my college and pre-college years working in retail and at restaurants I can say the customers often deserve it.

Having run restaurants, I can say that you were the kind of punk-ass college-age jerk that needed to be fired a lot more often. If you worked for me, you would have been. If you weren't, then you worked for owners like the one in TFA. Often known as "former owners".


Right. Cause you can tell everything about a person and their past employers just from a single post on Fark. You sound like your an asshole employer from the south or some corporate bottom-liner that regularly screws over employees because "fark em, I can get unskilled workers anywhere." See, I can make jack ass statements just like you. Now we are both internet tough guys; isnt this fun.

I'm glad that I worked for employers that didnt tolerate abusive customers. The kind of employers/managers that would back you and take the abuse rather than letting the lowest paid employees get shiat on by random self-important assholes off the street.

Never mind that I'm almost the exact opposite of what you're accusing me of. Your own choice of words, and the attitude they reveal, go a long way towards validating my first and second impressions of you. Attitudes like yours ruin businesses. That's all there is to it. The rest is just shiat you say to your buddies over beers, and not relevant.


I'm sorry you must have quoted the wrong post, because you are not addressing anything I wrote. Or else you do not know how to read or are delusional.
 
2012-02-06 8:11:49 PM  

cgraves67: If a member of the waitstaff were to harrass me in any way, such as this, I would demonstrate my displeasure by taking my business elsewhere and letting the business owner know that they are losing my custom. I cannot fathom why this person returned to the restaurant every day for 20 years with this going on.

"The food is so good, I endured their homophobic remarks for twenty years to the detriment of my health"


I'm going to bet that the restaurant was bought up by new owner/operators in about 2006 or so. Alvarado, TX has a population of under 5,000, eight churches and is the Johnson County seat. In short, it's a small town that's about an hour south of the Dallas-Fort Worth area. This is one of those places that is small enough for nearly everyone to have a passing acquaintance and it's likely the plaintiff is an unwed, older male who ate daily at the town's only full service restaurant because he either does not have the time, the knowledge or the inclination to cook his own meals. He may have even been joined at the restaurant on multiple occasions by a friend.

In a situation like that, a smart ass business owner thinking she's being funny by insinuating the customer is gay, knowing damn well he likely doesn't have many dining options beyond her establishment can go elsewhere. In turn, this caused the customer to lose business when folks needed appliances repaired, opted to go with another firm out of town rather than give their hard earned, God blessed money to some gay guy. They know he's gay because the woman that runs the restaurant keeps asking him about his husband.

As stupid as it sounds, the guy had a case and likely tried it in small claims court. This is one of those decisions Farkers should cheer - in the case of the restaurant owner, stupidity is being financially painful.
 
2012-02-06 8:34:27 PM  

SquiggelyGrounders: you are not addressing anything I wrote.


I considered it. I decided you're not worth it.
 
2012-02-06 8:38:19 PM  

ThrobblefootSpectre: So when he comes out of the closet he will have to pay the 5 grand back?


He's going to redo the closet with some of that money and blow the rest on shoes.
 
2012-02-06 9:11:09 PM  

treesloth: Nope, it'll still be there. Regardless of stigma, it's an accusation of misrepresentation. He has represented himself as a straight man; she has attempted to call that representation into question without just cause. If I represent myself as having a bachelor's in math and you claim to the public that, in fact, I have a degree in, say, communications, then you implicitly assert that I have lied and misrepresented myself.


The important thing you're missing is what your degree is in. If you represent that you have a degree in math, but actually have one in communications, and that is what she states, it's not defamation, especially if your lie being outed serves the public benefit.

Teen Wolf Blitzer: If you're gay, there's nothing wrong with being called gay. Just like if you have anal warts, there's nothing wrong with being called wart-ass. But if you don't have anal warts, being called wart-ass is a huge insult. Make sense?


False equivalence. 1. Pretty much everyone would agree that having anal warts is bad. 2. Being called wart-ass is an insult whether or not you have anal warts.
 
2012-02-06 9:53:01 PM  

mjbok: treesloth: Nope, it'll still be there. Regardless of stigma, it's an accusation of misrepresentation. He has represented himself as a straight man; she has attempted to call that representation into question without just cause. If I represent myself as having a bachelor's in math and you claim to the public that, in fact, I have a degree in, say, communications, then you implicitly assert that I have lied and misrepresented myself.

The important thing you're missing is what your degree is in. If you represent that you have a degree in math, but actually have one in communications, and that is what she states, it's not defamation, especially if your lie being outed serves the public benefit.

Teen Wolf Blitzer: If you're gay, there's nothing wrong with being called gay. Just like if you have anal warts, there's nothing wrong with being called wart-ass. But if you don't have anal warts, being called wart-ass is a huge insult. Make sense?

False equivalence. 1. Pretty much everyone would agree that having anal warts is bad. 2. Being called wart-ass is an insult whether or not you have anal warts.


You said anal warts twice.
 
2012-02-07 12:01:22 AM  

mikaloyd: It's bad to be gay? Or just bad to be called gay?


Both.
 
2012-02-07 12:32:10 AM  

SuwonROKs: mikaloyd: It's bad to be gay? Or just bad to be called gay?

Both.


Or is it gay to be called gay?

NTTAWWTQ.
 
2012-02-07 7:41:35 AM  

umad: Imagine somebody spreading rumors that you are a Republican then.


Lol- used to be. Was "cured".
 
2012-02-07 10:26:11 AM  
pray the GOP away

the pink elephant in the room, by God
 
2012-02-07 11:16:12 AM  

Lone Stranger: He's not gay. It's just all the guys giving him BJs that are gay.


Bruce Heffernan moved to Texas?
 
2012-02-08 8:24:48 PM  

mjbok: The important thing you're missing is what your degree is in. If you represent that you have a degree in math, but actually have one in communications, and that is what she states, it's not defamation, especially if your lie being outed serves the public benefit.


In fact, that's not necessarily the case, but that's where the analogy is no longer applicable. In the original story, the orientation of the person would either be (1) irrelevant to the case or (2) the accuser's burden of proof. She accuses him publicly of misrepresenting himself; it's her accusation to prove to be true and relevant.
 
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