A male exotic dancer is suing a Winnipeg nightclub after it allegedly posted nude images of him on its Facebook page without his knowledge.
According to a statement of claim filed in Manitoba Court of Queen’s Bench, the man (identified in court records only by his initials) is seeking a court order that Fame Nightclub and a photographer in its employ cease any further distribution of the images and provide a list of anyone who has seen or received them.
"The defendants’ unlawful creation, distribution, publishing, transmission and use of the intimate images without the plaintiff’s consent amounts to a gross breach of the plaintiff’s privacy" and has caused "significant and irreparable reputational and personal harm to the plaintiff," the statement of claim alleges.
According to the documents, the man was hired by a client to provide a private dance performance in a VIP area of the Garry Street nightclub July 6, 2019.
During the performance — which nightclub management was aware of in advance — a photographer took nude pictures of him without his knowledge, the statement of claim alleges.
A photographer took nude pictures of him (plaintiff) without his knowledge, the statement of claim alleges.
Sometime later, "intimate images" of the man were posted to the nightclub’s Facebook page, where they remained accessible until at least July 24, 2019.
The man had a "reasonable expectation of privacy" at the time the pictures were taken and at no time gave his consent to the nightclub to take and distribute pictures of his performance, alleges the statement of claim.
When the man became aware of the images, he contacted the nightclub and asked they be removed.
RUTH BONNEVILLE / WINNIPEG FREE PRESS
The bar’s photographer took photos of the performance and the pics were posted on Fame’s Facebook page.
"The plaintiff is unaware whether either of the defendants remain in possession of the intimate images or whether the intimate images have been further distributed," says the statement of claim. "The full extent of the defendants’ non-consensual distribution of the intimate images is currently unknown to the plaintiff, but known to the defendants."
The nightclub’s "intentional invasion" of the man’s privacy has caused him "distress, humiliation and anguish," and left him vulnerable to anyone in possession of the images, the statement of claim says.
The man alleges he suffers from anxiety, insecurity and depression as a result of the incident, as well as a loss of confidence and self-esteem.
The man (plaintiff) alleges he suffers from anxiety, insecurity and depression as a result of the incident, as well as a loss of confidence and self–esteem.
A court motion for a publication ban prohibiting disclosure of the man’s name is set to be heard Jan. 13.
The lawsuit "will require disclosure of my personal and sensitive information that would cause me and my family significant embarrassment and harm," the man said in a court affidavit in support of the motion.
"If my personal information was disclosed to the public, it would have a negative impact on my mental health."
No statements of defence have yet been filed.
Sidney Soronow, lawyer for the nightclub, declined to comment on the lawsuit, saying he had only received notice of the court action Jan. 6.
The allegations have not been proven in court.
In 2021, Fame Nightclub moved to Market Avenue from Garry Street, but is currently closed due to the COVID-19 pandemic.
dean.pritchard@freepress.mb.ca
Dean Pritchard
Courts reporter
Someone once said a journalist is just a reporter in a good suit. Dean Pritchard doesn’t own a good suit. But he knows a good lawsuit.
