Get ready for the Lawsuits. In a horrible satire at the expense of handicapped people and ice-cream men, the comedy channel “JustForLaughsTV” created this atrocity below. In addition to stigmatizing one-handed people with “claw hands,” it defaces all ice cream people everywhere. And rips off the soundtrack from “Summer Loving” (Grease).
Parenthetically, the lawsuit by the ice cream man that appeared in my “Creepy Ice Cream Man” video was dismissed earlier this month from federal district court (see court opinion pdf). While the case was dropped because the court has no rulings on most of the plaintiff’s claims, that doesn’t rule out his successive lawsuits in other state courts, federal court, neighborhood court, the Ice Cream court, and the Supreme Court.
Fortunately my defense (based on parody/satire/free speech and the fact that “hurting someone’s feelings” is not grounds for a lawsuit) will require a simple copy/paste and is solid.
Unfortunately no lawsuit will likely help the poor ice cream man (who happened to be selling ice cream when I was inspired to satire my own fear of ice cream people) will reclaim whatever he claims the video did to him. I make that assumption that because my attempts to remedy it more gentleman-like (non-legal) methods have had no apparent effect — apologizing via phone, removing it, filing DCMA claim on unauthorized posts, apologizing in writing, apologizing in person to him and his family, offering a retraction, offering a donation to charity, offering a nuisance settlement, and apologizing again.
The ice cream man even contacted local Pa. media disparaging me, in what could be considered a calculated act of defamation. But I’m not terribly excited about filing a counter suit because, well, ice cream is too delicious to sue.
Well, I thought that video was funny.
Thanks for linking the court opinion PDF. Makes me feel better to know that frivolous case was dismissed.
Congrats on the federal court dismissal. I cant believe the judge actually wrote an opinion on this rather than ruling from the bench. Now you just need tp pray that the dude has a sensible lawyer (HAHAHAHA!! I know, oxymoron) who will talk him out of throwing good money after bad and pursuing this matter into state court.
I just watched that video. Funny premise, horrible execution. And a laugh track??? Give me a break.
I would still be looking over my shoulder a little. Although the judge said was “it’s not my job, man”, The ice cream guy could still file in state court and cause you more pain in the ass. His lawyer might also amend the complaint before July 7. Hope this didn’t cost you a whole lot in legal. Idiots like this guy are only looking for a lottery hit.
Honestly, as a person who is licensed to teach people with special needs, I find this video vile. And, in this day with the alarming number of soldiers returning from battle with loss of limbs and horrid battle scars, I think this is insensitive and disgusting. Can we not find humor without making fun of people that are suffering themselves?
Woohoo just read over the court paper though the ending leaves it open until July 7th I guess for the plaintiff to ‘amend his complaint to properly invoke the court’. lol. When it started wasn’t YouTube a defendant as well? Did that part get thrown out right away? Anyway congrats on the win. I’m sure your glad this is not hanging over you anymore.
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The laugh track people were laughing WAY too hard at that.
Slater- agreed… laugh tracks suck. I prefer off camera genuine laughter like the “good old days” with Talk Soup.
JimmerSD- I think he’s looking for a handout based on the fact that he’s sued before and collecting from Uncle Sam. The sad part is that I think he’s fully capable of working but believes he deserves to be subsidized by someone/something… it’s just not going to be me.