The jury in Kootenai County, Idaho awarded drag performer Eric Posey over $1.1 million in damages after he accused far-right blogger Summer Bushnell of defaming him by falsely claiming he exposed himself at a Pride event in June 2022. Bushnell posted a doctored video of Posey’s performance, alleging indecent exposure, which was proven false by the unedited footage and lack of criminal charges. Posey was awarded $926,000 in compensatory damages and an additional $250,000 in punitive damages for the false accusations made by Bushnell.
Using the stage name Mona Liza Million, Posey performed at the Pride in the Park celebration while wearing appropriate attire consisting of a long-sleeve leotard, black shorts, tights, and a metallic boa around his waist. Despite his performances being unremarkable, the event gained attention due to the arrest of 31 members of a white supremacist group called Patriot Front on charges of conspiracy to riot. Bushnell capitalized on the spectacle by falsely accusing Posey of exposing himself to minors, which led to a police investigation and national news coverage.
During the trial, Bushnell’s attorney argued that her accusations, while close to the line, were not defamatory because she believed Posey had exposed himself. However, Bushnell admitted that she had not seen the “fully exposed genitals” she described to others. After the jury’s verdict in favor of Posey, he expressed relief, having faced death threats and harassment since the incident. Posey’s lawyers highlighted the importance of truthfulness and the impact of false rhetoric against drag queens and LGBTQ+ individuals in inciting extremists.
Following a five-day trial and three and a half hours of deliberation, the jury concluded that Bushnell’s allegations were defamatory, awarding Posey substantial damages as compensation. Despite the jury’s desire for Bushnell to remove her posts about Posey and issue a public apology, they were informed by the judge that they could not compel her to do so. As of the report, the videos of Bushnell’s false accusations still remained on her website and Facebook page. The North Idaho Pride Alliance, the event organizer where Posey performed, expressed gratitude to the jurors and affirmed their commitment to supporting the LGBTQ+ community’s safety and well-being in North Idaho.
In the aftermath of the trial, Posey reflected on the support he received from friends and the Idaho community during a difficult period marked by harassment and threats. He acknowledged the impact of having true allies by his side and the importance of standing up against false accusations and hate speech. Despite facing challenges, Posey remains grateful for the warriors and supporters who uplifted him in his time of need. The case serves as a reminder of the consequences of spreading falsehoods and the power of the legal system to uphold justice and protect individuals from defamation and harm.
