DOVER, Del. (AP) — A Delaware judge has refused to dismiss a defamation lawsuit against sports website Deadspin over an article accusing a 9-year-old NFL fan and his family of racism because of his game-day attire.
The lawsuit was filed by California residents Raul Armenta Jr. and his wife, Shannon, on behalf of themselves and their son, Holden, who attended a game between the Kansas City Chiefs and the Las Vegas Raiders last November.
According to the lawsuit, Holden, referred to in the lawsuit as “H.A.”, is a Chiefs fan who also loves his family’s Chumash-Indian heritage. He wore a Chiefs jersey to the game, with his face painted half-red and half-black, and a costume Native American headdress. Holden got the opportunity to pose with Raiders cheerleaders and was also shown briefly during the television broadcast of the game, with his red-and-black face paint visible. An Associated Press photographer also captured an image of Holden showing both sides of the boy’s painted face.
However, using a screenshot that showed only the side of Holden's face painted black, Deadspin writer Carron Phillips published an article the next day accusing the boy of being racist.
“The NFL needs to speak out against the Kansas City Chiefs fan in Black face, Native headdress,” the headline on the article reads. “They’re doubling up on the racism,” a subhead reads. “Are you going to say anything, Roger Goodell?” — a reference to the NFL commissioner.
In the article, Phillips wrote that the boy had “found a way to hate black people and the Native American at the same time.” He suggested that the boy had been taught “hatred” by his parents.
Deadspin posted the article on X, generating more than 18,000 comments and a “community note” clarifying its falsity. Phillips, described in the Armentas’ lawsuit as “someone who makes his livelihood through vicious race-baiting,” nevertheless doubled down.
“For the idiots in my mentions who are treating this as some harmless act because the other side of his face was painted red, I could make the argument that it makes it even worse,” Phillips wrote on X. “Y’all are the ones who hate Mexicans but wear sombreros on Cinco.”
The Armentas started receiving hateful messages and death threats, with one person threatening to kill Holden “with a wood chipper," according to the lawsuit. The Armentas say they made repeated demands for Deadspin to retract the article and apologize. In response, Deadspin instead republished an edited version that retained the accusations of racism and continued to display Holden’s picture. Deadspin later updated the article again, removing Holden’s picture and changing the headline to read, “The NFL Must Ban Native Headdress And Culturally Insensitive Face Paint in the Stands.”
“We regret any suggestion that we were attacking the fan or his family,” the article reads.
Unsatisfied with Deadspin’s updates instead of a formal apology and retraction, the Armentas sued for defamation.
On Monday, Superior Court Judge Sean Lugg denied Deadspin’s motion to dismiss the Armentas’ lawsuit, rejecting arguments that the article was opinion and thus protected from liability for defamation.
“Deadspin published an image of a child displaying his passionate fandom as a backdrop for its critique of the NFL’s diversity efforts and, in its description of the child, crossed the fine line protecting its speech from defamation claims,” the judge wrote.
“Having reviewed the complaint, the court concludes that Deadspin’s statements accusing H.A. of wearing black face and Native headdress ‘to hate black people and the Native American at the same time,’ and that he was taught this hatred by his parents, are provable false assertions of fact and are therefore actionable,” Lugg added.
Lugg also refused to dismiss the lawsuit based on Deadspin’s argument that it should have been filed in California, where the Armentas live, instead of Delaware, where Deadspin’s former parent company, G/O Media, is incorporated. One month after the Armentas filed their lawsuit, G/O Media sold the Deadspin website to Lineup Publishing, and the entire staff was laid off.
“Deadspin and Carron Phillips have never shown a morsel of remorse for using a 9-year-old boy as their political football,” Elizabeth Locke, an attorney for the Armentas, said in an email. “The Armenta family is looking forward to taking depositions and presenting this case to a jury at trial.”
A spokesperson for G/O Media said in an email that the company had no comment.
FILE - A young Kansas City Chiefs fan, dressed with a headdress and face paint, looks on during an NFL football game against the Las Vegas Raiders, Sunday, Nov. 26, 2023, in Las Vegas. (AP Photo/David Becker, File)
WASHINGTON (AP) — President Joe Biden said Tuesday he is postponing a planned trip to Germany and Angola to stay at the White House to monitor Hurricane Milton, as it spins closer to Florida’s Gulf Coast.
“I just don’t think I can be out of the country at this time,” he said at the White House after senior members of the administration updated him on the storm and the government's preparations. Biden warned that Milton “could be one of the worst storms in 100 years to hit Florida,” and said he's working “to increase the size and presence” of the federal government's response.
He said people in the storm's path should heed local orders to evacuate and leave “now.”
“You should have already evacuated,” Biden said, seated with some of the officials who briefed him. “It’s a matter of life and death, and that’s not hyperbole. It's a matter of life and death."
Biden said Milton's strength was such that it has the potential “to both enter Florida as a hurricane and leave Florida as a hurricane on the Atlantic Coast. This could be the worst storm to hit Florida in over a century. God willing it won’t be, but that’s what it’s looking like right now.”
He asked commercial airlines and other companies for help with evacuations.
“I’m calling on the airlines and other companies to provide as much service as possible to accommodate evacuations and not to engage in price gouging, to just do it on the level," Biden said.
It was unclear when Biden's overseas trip might be rescheduled and the White House did not announce new travel dates. The president had been scheduled to depart on Thursday for Germany, where he had planned to host a summit on the war in Ukraine with allied nations at a U.S. military base before continuing on to Angola.
The German government issued a statement saying “we very much regret the cancellation, but of course we understand due to the situation in Florida.”
Biden had promised to visit Africa during his term in office, which ends in January. He said Tuesday that he still intends to make the journey.
“I’m still planning on visiting all the places I said I’d be and all the conferences I said I'd participate in," he said.
Hurricane Milton weakened slightly Tuesday but remained a ferocious storm that could land a once-in-a-century direct hit on the populous Tampa Bay region with towering storm surges and turn debris from Helene’s recent devastation into projectiles.
Most of Florida’s west coast was under a hurricane or tropical storm warning as Milton and its 145 mph (230 kph) winds spun just off Mexico’s Yucatan Peninsula, creeping toward the state. With the storm expected to remain fairly strong as it crosses Florida, parts of the state's eastern coast were put under hurricane warnings early Tuesday. Milton’s center could come ashore Wednesday night in the Tampa Bay area, which has a population of more than 3.3 million people.
This year's hurricane season has caused havoc for political calendars in the closing weeks of the presidential campaign. Less than two weeks ago, Vice President Kamala Harris, the Democratic nominee, cut short a West Coast trip to return to Washington after Helene made landfall. She later visited Georgia and North Carolina, where some of the worst damage took place.
Donald Trump, the Republican nominee, has also traveled through the Southeast, including two trips to Georgia.
President Joe Biden delivers remarks on the federal government's response to Hurricane Helene and preparations for Hurricane Milton in the Roosevelt Room of the White House, Tuesday, Oct. 8, 2024, in Washington, as from seated left, Acting Secretary of Housing and Urban Development Adrianne Todman, Secretary of Agriculture Tom Vilsack, Biden, and Secretary of Energy Jennifer Granholm, right, look on. (AP Photo/Evan Vucci)
President Joe Biden delivers remarks on the federal government's response to Hurricane Helene and preparations for Hurricane Milton in the Roosevelt Room of the White House, Tuesday, Oct. 8, 2024, in Washington, as Secretary of Agriculture Tom Vilsack, left, and Secretary of Energy Jennifer Granholm, right, look on. (AP Photo/Evan Vucci)
President Joe Biden delivers remarks on the federal government's response to Hurricane Helene and preparations for Hurricane Milton in the Roosevelt Room of the White House, Tuesday, Oct. 8, 2024, in Washington. (AP Photo/Evan Vucci)
President Joe Biden delivers remarks on the federal government's response to Hurricane Helene and preparations for Hurricane Milton in the Roosevelt Room of the White House, Tuesday, Oct. 8, 2024, in Washington. (AP Photo/Evan Vucci)
President Joe Biden delivers remarks on the federal government's response to Hurricane Helene and preparations for Hurricane Milton in the Roosevelt Room of the White House, Tuesday, Oct. 8, 2024, in Washington, as Secretary of Agriculture Tom Vilsack, left, and Secretary of Energy Jennifer Granholm, right, look on. (AP Photo/Evan Vucci)
President Joe Biden delivers remarks on the federal government's response to Hurricane Helene and preparations for Hurricane Milton in the Roosevelt Room of the White House, Tuesday, Oct. 8, 2024, in Washington. (AP Photo/Evan Vucci)
President Joe Biden speaks during a surprise appearance to take questions during the daily briefing at the White House in Washington, Friday, Oct. 4, 2024. (AP Photo/Susan Walsh)
White House press secretary Karine Jean-Pierre, who was promoted to senior adviser to the President, speaks during the daily briefing at the White House in Washington, Monday, Oct. 7, 2024. (AP Photo/Susan Walsh)
