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Gay Couple Wins TRO Against USA Next

By Jeralyn, Section Civil Liberties
Posted on Thu Mar 10, 2005 at 04:06:33 PM EST
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Via AmericaBlog:

A federal judge in Washington, DC just granted the gay couple's request for a Temporary Restraining Order against USA Next, requiring the organization to cease and desist from further use of the couple's photos for any purpose. This is a big deal because it means the judge has found that the guys have a very good chance of winning their case, and he also said he could see how they could get damages.

The couple depicted in the ad sued over having their wedding photo used without their consent. At the tro hearing yesterday,

A consultant hired by USA Next, Mark Montini, took the photo from the Portland Tribune's Web site. He said Wednesday that ``it looks like we made a mistake'' in not first getting permission from the Tribune. ``At the end of the day the worst case scenario was something fell through the cracks in our office,'' he said in an interview.

Asked if he felt badly about using the photos of people who did not agree with his group's agenda, he said: ``They were posing for pictures in the newspaper. Nobody would know about this if they haven't made a big deal about it.''

USA Next's chief, Charlie Jarvis, will be on Bill O'Reilly's show tonight.

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    Gay Couple Wins TRO Against USA Next | 5 comments (5 topical)
    Re: Gay Couple Wins TRO Against USA Next (none / 0) (#1)
    by Talkleft Visitor on Thu Mar 10, 2005 at 06:37:22 PM EST
    Why not? no kids, who needs little people? and who cares about two guys living together if both like each and want to be with each other for life who cares? so what? no kids! its just for the show and to keep people from seeing what is coming right at us all.

    Re: Gay Couple Wins TRO Against USA Next (none / 0) (#2)
    by jimcee on Thu Mar 10, 2005 at 06:57:39 PM EST
    Gay couple 1, USANext 0. Man, who thinks this kind of crap sells. USANext, if you want to grow, be positive because negative doesn't sell. Just ask the most recent incarnation of the Left. Nevermind because your ramblings are the best way to tell at face value who not to sit with in the same pew, so to speak. I don't like nuts, Left or Right. Perhaps I should just sit in the middle aisle.

    Re: Gay Couple Wins TRO Against USA Next (none / 0) (#3)
    by cp on Thu Mar 10, 2005 at 08:55:02 PM EST
    good for them! i hope they sue them into bankruptcy. it's the only way to be sure.

    Re: Gay Couple Wins TRO Against USA Next (none / 0) (#4)
    by Talkleft Visitor on Fri Mar 11, 2005 at 06:32:27 AM EST
    Wow. Takes a pair to actually make the arguement "If they didn't sue us for violating their rights, there wouldn't be a problem." I wonder if this is a stategic step up from the "This is only a test" line they first adopted.

    Re: Gay Couple Wins TRO Against USA Next (none / 0) (#5)
    by roy on Fri Mar 11, 2005 at 10:17:03 AM EST
    It's nice to see USA Next get kicked in the head after doing something sleazy, but that pesky First Amendment might mean the court screwed up. One of my other favorite lawyers argues to that effect.

    Gay Couple Wins TRO Against USA Next | 5 comments (5 topical)