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)
TEL AVIV, Israel (AP) — A rocket fired from Yemen hit an area of Tel Aviv overnight, leaving 16 people slightly injured by shattered glass, the Israeli military said Saturday, days after Israeli airstrikes hit Houthi rebels who have been launching missiles in solidarity with Palestinians.
A further 14 people sustained minor injuries as they rushed to shelters when air raid sirens sounded before the projectile hit just before 4 a.m. Saturday, the military said.
The Houthi rebels issued a statement on the Telegram messaging app saying they had aimed a hypersonic ballistic missile at a military target, which they did not identify.
The attack comes less than two days after a series of Israeli airstrikes on Yemen’s Houthi rebel-held capital, Sanaa, and port city of Hodeida killed at least nine people. The Israeli strikes were in response to a Houthi attack in which a long-range missile hit an Israeli school building. The Houthis also claimed a drone strike targeting an unspecified military target in central Israel on Thursday.
The Israeli military says the Iran-backed Houthis have launched more than 200 missiles and drones during the Israel-Hamas war in Gaza. The Houthis have also been attacking shipping in the Red Sea and Gulf of Aden and say they won’t stop until there is a ceasefire in Gaza.
The Israeli strikes Thursday caused “considerable damage” to the Houthi-controlled Red Sea ports “that will lead to the immediate and significant reduction in port capacity,” U.N. spokesman Stephane Dujarric said. The port at Hodeida has been key for food shipments into Yemen in its decade-long civil war.
U.N. Secretary-General Antonio Guterres said both sides’ attacks risk further escalation in the region and undermine U.N. mediation efforts.
In the Gaza Strip on Saturday, mourners held the funerals of 19 people — 12 of them children — killed in Israeli strikes on Friday and overnight.
One of the strikes hit a residential building in the built-up Nuseirat refugee camp in central Gaza, killing at least seven Palestinians, including five children and one woman, and injuring 16 others, health officials said.
In Gaza City, another strike on a house overnight killed 12 people, including seven children and two women, according to Al-Ahli Hospital where the bodies were taken.
Mourners gathered at the hospital in Gaza City Saturday morning. Women comforted each other as they wept over the bodies before they were carried away. One man, stony-faced, cradled a tiny shroud-wrapped body in his arms as he carried it along the funeral procession.
In Al-Aqsa Hospital of Deir al Balah, white body bags containing those killed in Nuseirat were taken from the morgue and loaded onto the back of an open truck to be taken for burial.
Overall, Gaza's Health Ministry said Saturday that 21 people had been killed and 61 were wounded over the past 24 hours.
Israel faces heavy international criticism over the unprecedented levels of civilian casualties in Gaza and questions about whether it has done enough to prevent them.
Israel says it only strikes militants, and blames the Hamas militant group for civilian deaths because its fighters operate in residential areas.
More than 45,200 people have been killed and more than 107,500 wounded in the Gaza Strip since October 2023, when a Hamas attack in Israel killed about 1,200 people and triggered the devastating 14-month war in Gaza. Local health officials do not distinguish between civilians and combatants, but have said more than half of the fatalities are women and children.
The Israeli military organization dealing with humanitarian affairs for Gaza said Saturday it had led a “tactical coordinated operation” delivering thousands of food packages, flour and water to the Beit Hanoun area in the north of the Gaza Strip.
The organization, known by its acronym COGAT, said trucks from the U.N. World Food Program transported 2,000 food packages, 1,680 sacks of flour and thousands of liters of water to distribution centers in the area on Friday.
Aid groups have said previously that military operations and armed gangs have hindered their ability to distribute aid to civilians in need.
Gaza's Health Ministry issued an urgent appeal Saturday for medical and food supplies to be delivered to Kamal Adwan Hospital in Beit Lahia, near Beit Hanoun in northern Gaza, while the hospital director described dire conditions.
The ministry said in a statement that there was continuous gunfire and Israeli shelling near the hospital. “Shells have struck the third floor and the hospital’s entrances, creating a state of panic,” the ministry said.
Hospital Director Dr. Husam Abu Safiyeh said the facility was “facing severe shortages."
“Despite promises, we have not received the necessary supplies to maintain electricity, water, and oxygen systems," Abu Safiyeh said. "Our requests for essential medical supplies and staff have largely gone unmet.”
He said the World Health Organization had delivered 70 units of blood, but that the hospital requires at least 200 units to meet urgent needs. He said 72 wounded people were being treated at the hospital.
The shortages extend beyond medical necessities. “Food is very scarce, and we cannot provide meals for the wounded. We are urgently calling on anyone who can provide supplies to help us,” he said. “The staff is working around the clock, yet we cannot even provide meals for them.”
Shurafa reported from Deir al Balah, Gaza Strip. Associated Press writers Elena Becatoros in Majdal Shams, Golan Heights, contributed to this report.
Follow AP’s war coverage at https://apnews.com/hub/israel-hamas-war
Bodies of victims of an Israeli airstrike at the Nuseirat refugee camp are prepared for the funeral prayer outside the Al-Aqsa Martyrs hospital in Deir al-Balah, Gaza Strip, Saturday, Dec. 21, 2024. (AP Photo/Abdel Kareem Hana)
Men pray over the bodies of victims of an Israeli airstrike at the Nuseirat refugee camp during a funeral prayer outside the Al-Aqsa Martyrs hospital in Deir al-Balah, Gaza Strip, Saturday Dec. 21, 2024. (AP Photo/Abdel Kareem Hana)
Bodies of victims of an Israeli airstrike at the Nuseirat arrive at the Al-Aqsa Martyrs hospital before their funeral in Deir al-Balah, Gaza Strip, Saturday, Dec. 21, 2024. (AP Photo/Abdel Kareem Hana)
An Israeli soldier observes the site where the missile launched from Yemen landed Jaffa district, in Tel Aviv, Israel, Saturday, Dec. 21, 2024. (AP Photo/Tomer Appelbaum)
