Lambda Legal to Ovie Mughelli: Not Defamatory to Call Someone Gay

Lambda Legal has fired a warning shot at Atlanta Falcons fullback Ovie Mughelli: It is not defamatory to call someone gay.

Lambda was responding to legal action taken by Mughelli's attorney against gossip and gay blogs that published the claims of a man who says he had a long-term sexual relationship with the baller. The cease and desist letters sent by Phaedra Parks promised to sue for damages unless the posts were removed and retracted.

The letter (pdf) reads in part:

Although as of this writing we do not represent any of those to whom you have written, we write to explain to you and to the internet sites which you have written, that under the law of Georgia (and of the other states) it is not defamatory to describe a person as gay, lesbian or bisexual nor is it defamatory to claim that someone had a consensual, intimate adult relationship with someone of the same sex. Moreover your claim that someone falsely described as gay is entitled to collect monetary damages demeans those who are gay, lesbian and bisexual. ...  The Georgia Supreme Court has never held that describing someone as gay,lesbian or bisexual is defamatory (or defamation per se) and it is inconceivable that it would do so for the first time in 2010.

Says Attorney Beth Littrell in a statement: "Saying that someone is gay is not an insult. Being identified as gay is neither bad nor shameful–not in life nor under the law." Littrell urges Mughelli's attorneys to drop their action and warns them the courts would rule against them and award damages to the defendants. The attorney also cites Lawrence v. Texas, Lambda Legal's 2003 landmark victory that struck down sodomy laws.

In August 2009, a federal court rejected Howard K. Stern's suit against MSNBC's Rita Cosby on similar grounds, saying that merely being described as gay is "not" defamatory per se.

On January 5, an Atlanta-based gossip blog published detailed but unsubstantiated accounts of a man's long-term, alleged sexual relationship with an unnamed Falcons player. The next day Mughelli was named. The blog later published a video of Francois Sloan, a 36-year-old Jersey City, NJ hair stylist who claimed to be the source. The Ovie Mughelli "outing" went viral across black entertainment and news blogs, most of the black gay blogosphere and many sports blogs.

The 29-year-old Mughelli was originally drafted by the Baltimore Ravens in 2003. Mughelli signed a six-year, $18 million deal with the Atlanta Falcons in 2007. That's around the same time that Francois Sloan claims Mughelli "abruptly" ended their relationship.

You May Want to Read:
Ovie Mughelli Takes Legal Action on Gay Rumors

Comments

[Faison]

Take THAT downlow ballers and shotcallers.

Oh and who is complaining about "gay activists" complaining too much? Seems like its working more and more every day ...

[Georgia Peach]

ROFLMAO Ohhh Ovie baby...the queens got you girl, they got you good, child!

[Diva1961]

Actually, he can find out what Tom Cruise did a few years back to stop the papers. I wouldn't like to be called something I'm not, and I would take them to court also. Maybe slander or something.

My thing is watch out what soemone else is called because one day you may have to sue for being called out your name. This was used in gays favor, but next time we may have to defend ourselves.

[seahawk]

To Lambda Legal: Bravo!
(Or depending on which way Ovie swings, Brava!)

[AJ]

It's true, we all know that down here. I dont know who he thought he was fooling but I guess those celebrities always try to scare people with lawyers and suits. But honestly what type of a man sues over gay rumors unless he wants to try to let everyone think he is standing up for his honor? #FAIL

[MsNBC]

WORK IT OUT LAMBDA LEGAL!

[TheRevKev]

I'm kind of with DIVA,

If this were simply about being called GAY, it would be frivolous and silly. Someone has claimed to have had a long-term relationship with this dude AND called him a cheapskate and a man of dishonor who didn't keep his word. THAT is what needs to be prosecuted and dealt with from the legal verbal contract of a relationship. If they did have a relationship, then there would and should be some proof (other than some random personal photos of the athlete that didn't include anyone else...unlike actor/singer Terrell Carter's former partner who was in the shots with him).

If the letter is poorly worded by his attorneys, okay, but it's beyond being called gay. This man is calling him a coward and a liar (not about his sexuality but about his word) and that's something you can't just take laying down (forgive the pun).

Now, if brother man KNOWS that he and dude were together, a cease and desist letter is NEVER going to be able to stop the TRUTH! Right now, it seems intended only to stop the blogs from blobbing and blurbing and bladding about something that hasn't been proven.
After all of this time, I can't imagine that a photo or 10 doesn't live somewhere or a pair of drawz (yes, I meant to spell it that way) or something beyond some words. Just like the 20 mistresses coming of the Woods (Tiger), some are telling the sho' nuff truth and others are just trying to get some shine. With all of the recent "outings," I am still waiting to see which ones come with some facts.

I know that some of these guys seem to be PANICKING over being called "gay" but I've yet to see too many of them get called OUT.

[CC]

The main thing is it is not what you are called, but what you answer to...and the "lady" doth protest way too much!

[Mr. John Thomas]

Wow, how times have changed. Recently, many posters on this board slammed the man claiming to have had an affair with this ATL baller, proclaiming that he should have known better than to sleep with a DL man. Well, in my opinion, Ovie should have known better. And, I am glad that Lamda Legal has basically told him to go screw himself. Too bad you had to be forced out Ovie. And, you will never live the rumor down. It will always, always, always, haunt you. Might as well come on out, bro. We will accept your fine chocolate behind without hesistation.

And yes, this is my first time posting. Long-time lurker finally taking the first step.

[Taylor Siluwé]

I'm glad Lambda Legal made this point. Thrilled even.

I'd also like to point out that Miss Jia still hasn't removed the post, as the threat of legal action was intended to frighten her into doing. Ovie needs to focus on his accuser, which, if its all lies, could illicit a retraction. Then again, retractions aren't always credible (Raz B).

But Lambda makes a perfectly good and necessary point, because too many men believe being called "gay" is like being spat on. And its high time we changed that idiotic perception.

[Whatuthink]

Dragging anyone through dirt like this is unnecessary. These two were not married. Was a relationship contract written up??? I doubt it. This is truly a childish act and the TG needs to learn how to move on. I'm sure he isn't the first and won't be the last.

[Mad Professah]

Excellent work by Lambda Legal to push back on the scurrilous notion that calling someone gay is by definition defamatory. You can only slander someone if what is said is not true.

If Ovie thinks what is being said about him is not truthful he can sue on those grounds, not because being gay is something defamatory.

(I'm not a lawyer or giving legal advice.)

[GBM and GOP]

Couldn't even respect his right to privacy. Messy gay black men think they have the right to "out" anyone who doesn't agree with their liberal politics or who told them to move on. So very sad...and voting Democratic does not help.

[John Thomas]

Wow, GBM and GOP. That's a pretty raw statement. Is Ovie's former friend even black? Does it matter? Regardless, all black gay men don't think alike. We are all different people. We have different trains of thought and even have unique finger prints as indentifying features (imagine that). GTHOH with that mess. Ovie should have picked a better and less vindictive friend. Regardless, one NEEDS to question what Ovie really did to make this guy seek revenge. And, it's not like most people aren't revenge-oriented anyway. It's human nature. People get hurt and they lash out. Nothing new there. Seems to me that to avoid this whole mess, Ovie should have handled what ever problems he had with this man in a more delicate manner. It makes all the difference in the world (especially if you're a closet case with a lot to lose). Otherwise, you end up in situations like this.

[Taylor Siluwé]

Amen John Thomas. There were plenty of options for Ovie to avoid a public scandal. Oh, well.

And GBM / GOP: What does politics have to do with any of this?!!

Way to slip a little republican leaning stupidity into the mix. Nice try ;-) ....