An Ada County judge has partially sided with a drag performer in his lawsuit against a Christian lobbying organization, finding the group falsely claimed the performer exposed his genitals during an event in 2022.
Ada County District Judge Patrick Miller's order found the Idaho Family Policy Center's repeated statements that Eric Posey exposed his genitals during a Coeur d'Alene Pride event were not true.
"[IFPC argues] their statements are true because, on extremely slowed-down, zoomed-in, and brightened versions of the video, one can see for less than a second a small image that might be a testicle," Miller wrote.
"It is not possible to definitively conclude whether the clouded image is in fact a testicle, or whether the clouded image, even if it is a testicle, is shrouded by tights," he wrote.
As previously reported by Boise State Public Radio, Posey sued the group last year after its president, Blaine Conzatti, and another former staff member made the accusations in a newsletter and on a podcast appearance.
The Coeur d'Alene city prosecutor's office said in a statement shortly after the performance that unedited video evidence showed no public exposure and it declined to press charges.
"For what it's worth, Idaho Family Policy Center has reviewed the unedited footage and can confirm it portrays public exposure of the performer's genitals," Conzatti wrote in a newsletter to his followers on Sept. 8, 2022.
"Let me be clear: these creeps are using our children as pawns for their perverse sexual desires," Conzatti wrote.
Josh Bales, a former IFPC podcast host, said during an episode shortly after the newsletter was published, "...his genitals actually came out of his underwear at one point."
Judge Miller declined to consider whether Idaho Family Policy Center President Blaine Conzatti truly believed the exposure happened, or whether there was malice behind the statements.
Such a decision, he wrote, is up to a jury. However, Miller wrote that these remarks cannot be considered an opinion, which are generally protected under the law.
"[IFPC's] purported opinion of what an enhanced version of the video shows does not change the fact that they falsely asserted Mr. Posey publicly displayed his genitalia."
Another matter that would be left up to a jury would be whether these statements qualify as "defamation per se," or committing libel by accusing someone's conduct amounts to a significant criminal offense.
In those cases, plaintiffs do not have to prove whether the defamation caused them harm for damages to be awarded.
The Idaho Family Policy Center board of directors issued a statement saying they stand by statements made by Conzatti and Bales.
"The IFPC Board of Directors reiterates our support for Blaine and Pastor Josh, as well as Idaho Family Policy Center's ongoing efforts to sound the alarm on the indecent sexual exhibitions, including drag shows, which are taking place across the state," they wrote.
A six-day trial is scheduled for next April.
Posey previously won a $1.1 million judgment against a Coeur d'Alene blogger who made similar accusations against him.
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