Jury Awards Drag Performer $1.2 Million in Defamation Lawsuit

An Idaho jury awarded a drag performer nearly $1.2 million as part of a defamation lawsuit against a blogger who falsely claimed he had exposed himself to children.

Eric Posey, a drag queen who performed at a 2022 Idaho Pride event in Coeur d’Alene, was accused of exposing himself to children during one of three performances that day.

During the performances, Posey, performing under the drag name Mona Liza Million, wore a colorful leotard with shorts underneath and a sparkling rainbow boa — but he never removed any clothing.

On the day of the performance, organizers and participants were harassed and threatened on social media. Local police in Coeur d’Alene also arrested 31 people, who they claimed were affiliated with the right-wing, white nationalist group Patriot Front, for allegedly conspiring to riot near the city’s “Pride in the Park” festival.

Police confiscated a smoke grenade, riot gear, and a military-style “operations plan” from a U-Haul truck after a concerned citizen reported a large group of people wearing masks and carrying shields. Five of those arrested were later convicted of conspiracy to riot.

Later that day, Summer Bushnell, a conservative blogger, posted a video of herself discussing the 31 arrests, asking, “Why did no one arrest the man in a dress who flashed his genitalia to minors and people in the crowd? No one said anything about it, and there’s video.”

Bushnell pledged to post a blurred version of Posey’s performance, and on the next day, published an edited video she had received from local videographer Jeremy Lokken, which included a blur over Posey’s pelvis. Bushnell claimed that the blur concealed “fully exposed genitals” and urged people to contact police and the Attorney General’s office.

The edited video garnered thousands of views, and media outlets, especially conservative ones, eagerly circulated the story, provoking outrage and even prompting a police investigation.

City prosecutors declined to file charges and stated publicly that the unedited video of the drag performance showed no nudity or exposure.

Posey received death threats, threats of violence, and the loss of his reputation after people circulated the video and the false claims about him. Fliers featuring his photo were posted around Coeur d’Alene, and he was accused of being a danger to children.

In September 2022, Posey sued Bushnell, accusing her of defamation.

In that lawsuit, he noted that the edited video of the drag shows was still being shared online, and that disinformation was being spread about the event. As a result, he claimed to have suffered extreme emotional distress and lost professional opportunities.

“Despite being cleared of all wrongdoing, provocateurs have continued to spread the doctored video of my performance, not only defaming me, but also inciting a backlash towards the LGBTQIA+ community statewide,” Posey said in a statement at the time. “I have no choice but to take legal action to hold those responsible for the lies accountable for their actions.”

At trial, Colton Boyles, the attorney representing Bushnell, argued his client’s allegations were “close to the line” but did not constitute defamation. He claimed Bushnell honestly believed that Posey had exposed himself during the performance, and therefore could not be held liable for defamation.

Under questioning on the stand, Bushnell said that she never saw the “fully exposed genitals” she described to others in her blog post.

Posey claimed that the false accusations that continue to circulate online as a result of Bushnell’s original post — which remains online — continue to impact his life in a negative way, but the support of friends and family has helped him weather the storm.

“Imagine being in a dark hole where you have nobody and you felt the whole world turn their back on you,” Posey said in court. “But somehow, you were surrounded by warriors, true people of Idaho — not transplants, true people of this soil. I am fortunate to say I have people like that around me, people that lifted me up.”

On May 24, following a five-day trial and three hours of deliberation, the jury in the case unanimously sided with Posey, awarding him nearly $1.2 million in damages.

Prior to returning their verdict, jurors asked the court if they could direct Bushnell to take down her posts about Posey and publicly apologize to him, but Judge Ross Pittman, of Idaho’s First Judicial District, said they could not do so, as that would violate Bushnell’s First Amendment rights.

According to the Coeur d’Alene Press, Posey burst into tears after the verdict was returned, expressing his gratitude that the jurors “rejected the lies that put me in a dark place for nearly two years.”