Gay sports Web site sued over marathon photo

BY admin

August 19 2004 11:00 PM ET

*The gay-themed sports Web site Outsports.com is being sued by a North Carolina man after it featured his picture in its coverage of the Los Angeles Marathon. Chris Harbinson, a resident of Wake County, N.C., claims he was humiliated by the implication that he's gay. He's seeking damages against the site over a picture in which he appeared among 150 shots in its coverage of March 7's Los Angeles Marathon. Harbinson was a participant in the marathon; the photo shows him stretching and smiling for the camera. OutSports.com said in a statement that there was no caption included with the picture.

In the suit Harbinson is seeking damages in excess of $10,000 as well as punitive damages and legal fees. He claims he suffered "extreme embarrassment, public humiliation, mental agony, and damage to his name and reputation." Atlanta-based attorney Cynthia Counts is representing the Web site. She described the case as frivolous and totally without merit. The photographer who shot the picture was a credentialed member of the media covering the marathon, and Harbinson was participating in a public event, she said. Outsports even removed the picture from its site after receiving a cease-and-desist letter last April from Harbinson's lawyer, she added, in keeping with Outsports policy. Reached by phone, Harbinson's North Carolina attorney, Aaron C. Hemmings, declined to comment on the case.

Tags: World

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