Blogger's attorney responds to defamation lawsuit
COEUR d’ALENE — A local blogger who accused a drag performer of indecent exposure has responded to a defamation lawsuit filed against her, denying the accusations.
Kootenai County resident Eric Posey performed June 11 at the Pride in the Park celebration in Coeur d’Alene.
The next day, Kootenai County resident Summer Bushnell published an edited video of Posey’s performance on her Facebook page, The Bushnell Report. She added a blur over Posey’s pelvic area, implying nudity.
Bushnell claimed that Posey exposed himself to the crowd and called for his arrest, urging the public to contact police.
Coeur d’Alene police said numerous people contacted them after viewing Bushnell’s edited video. Nobody who contacted local police about the performance had watched it firsthand, including Bushnell, who told the Idaho Statesman that she received the unedited video from someone she declined to identify.
After reviewing the edited footage, as well as other unedited videos and photos, the Coeur d’Alene City Prosecutor’s Office declined to file charges.
“The unedited recordings did not depict any exposure of genitalia,” said a news release issued July 1. “The allegations of indecent exposure or other crimes cannot be supported by the evidence.”
Posey filed a lawsuit against Bushnell on Sept. 26, saying she defamed him.
The suit contends that Bushnell knew her accusations were false because she possessed and viewed the unedited footage of Posey’s performance, which showed no nudity.
In a response filed with the court this week, Bushell's attorney presented numerous defenses, including assertions that her statements about Posey are true, opinions protected by the First Amendment and “non-actional” parody.
Bushnell has maintained that the unedited footage, which prosecutors confirmed showed no nudity, is too graphic for her to share on social media and that blurring the video was appropriate.
Bushnell is represented by Sandpoint-based attorney D. Colton Boyles, while Posey has retained Wendy J. Olson and Cory M. Carone of the Boise firm Stoel Rives.
The lawsuit seeks monetary damages from Bushnell in excess of $10,000, as well as compensatory damages and attorney’s fees. Posey said he’s lost professional opportunities due to Bushnell’s false accusations.
Both sides have requested a jury trial.
Read the full filings at cdapress.com.