A drag artist’s lawyer says a recent Ontario court ruling indicates people who use dangerous anti-LGBTQ+ slurs can’t hide behind some free speech protections to avoid any legal responsibility.
The ruling released this month in Thunder Bay, Ont., clears the way for lawyer client Douglas Judson to file a defamation suit against a man who allegedly used a slur on his self-described “media/news” Facebook page. identified for accusing drag artists of predatory behavior.
In refusing the man’s attempt to have the suit dismissed before trial, the judge wrote that “predatory (groomer)” is an insult and that his comments describing artists as such perpetuate hurtful myths and stereotypes about LGBTQ+ people.
The ruling says the man claimed the suit was intended to stifle his comments on a matter of public concern, arguing he was expressing his opinion on current events and the CBC’s alleged promotion of the drag show at a library in Dryden, Ontario.
However, the judge wrote that the comments at issue concerned the motivations of the organizers and participants of the drag show and not a matter of public interest.
Justice Tracey Nieckarz of the Ontario Superior Court ruled that the suit did not have “the hallmarks of a ‘SLAPP’ proceeding, but rather self-defense of reputation against serious allegations.”
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