CALA Loony Lawsuit of the Month

A look at the looniest lawsuits in the land

San Diego – San Diego County Citizens Against Lawsuit Abuse (CALA) has announced its latest Loony Lawsuit.  This month’s frivolity looks at how a person does not need a legal reason to sue, just hurt feelings.

According to news reports, The Lost Coast Brewery in Humboldt, Calif. says it will remove its Indica India Pale Ale, whose label currently depicts the Indian elephant-god Ganesh "holding a beer in one of his four hands and another in his trunk," from store shelves after a California man filed a lawsuit claiming the label amounted to a hate crime.

"I don't want to offend any Hindu people," said co-owner Barbara Groom, adding that her Hindu friends don't mind the label. "They think it's really cool." (Brewery pulls label showing Hindu god", RealBeer.com, May 9).

The plaintiff in the case, an Indian-American law student from Brentwood California, seeks at least $25,000 and his lawsuit mentions that $1 billion would be appropriate to compensate Hindus around the world.  He alleges that the brewery has defamed Hindus and caused emotional distress.  Also named as defendants are Safeway, which carries the product, the state Department of Fair Employment and Housing and the state Attorney General's Office, whom the plaintiff alleges failed to respond to his requests for action against the brewery.

“When did the legal standard lower to this kind of level,” asks CALA President, Andy Kotner.  “According to this logic if I am offended by attorney advertising I have grounds for a lawsuit.”  

According to David Greene, executive director of the Oakland-based First Amendment Project, individuals or companies have the right to produce artwork that offends somebody's religious beliefs.  Commercial speech does have less protection than artistic speech.  Still, courts usually protect product labeling unless it tells a lie that - like falsifying ingredients or claiming that "the beer will make you a holier person." (Hindu god, beer label don't mix, lawsuit says, Contra Costa Times May 6)

Even though Lost Coast is willing to change the label, the plaintiff claims that he wants a jury to rule that the owners should pay damages for the two years of using the image.  Which begs the question: What is the purpose of the lawsuit?  Is the plaintiff more concerned about the image being used or about making the owners pay?

####