Tricia Fraser, Mom of Little Girl in Soho Anti-Abortion Billboard, Sues Life Always

littlegirlabortionbillb.jpg
Remember that anti-abortion billboard featuring a six-year-old girl and the comment "The most dangerous place for an African-American is in the womb"? It hung in Soho, to many people's discontent in February, until the ad agency pulled it after people called it offensive to women and minorities (and, apparently, workers in the restaurant below were harassed about it). At that time, we learned that Tricia Fraser, the mom of the little girl, had been unaware her daughter's image was being used for the ad. Now the New York Times reports that Fraser is suing Texas group Life Always, the folks behind the ad, calling "the billboard racist and the use of Ms. Fraser's daughter's image defamatory."

Of course, as we learned in February, Fraser had signed her kids up with a modeling agency, had them photographed, and signed release forms for the photos. Life Always told Fox5 at the time, "The image was properly licensed through a reputable stock image service." This doesn't make the billboard right or the use of the girl's image particularly decent or good, but does Fraser have legal standing? We shall see.

Anti-Abortion Ad Provokes Lawsuit [NYT]

My Voice Nation Help
4 comments
Marc
Marc

Well, there's solid NYS case law that a general release doesn't protect against defamatory usage. However, the question is whether this is defamatory. The defendant is going to argue that not only does the ad say nothing about the plaintiff one way or another, it's meant to *protect* people like her (black children) from what the defendant sees as a horrendous danger. I don't see this working.

GeorgiaGurl
GeorgiaGurl

I don't think she has a case, as horrendous as that billboard is. If she signed a contract saying that the agency could use her children's pictures at their discretion, without her explicit permission, she's screwed.

Are Fair
Are Fair

The billboard is down. I haven't read the contract but if the board is found to be 'defamatory' then the agency is screwed. Either way, the agency doesn't need the bad publicity.

Bex0r
Bex0r

she should sue... that ad is horrendous

Now Trending

New York Concert Tickets

From the Vault

 

Loading...