[Juan Non-Volokh, November 11, 2005 at 9:02am] Trackbacks
Calling Dr. Love:

Gene Simmons of Kiss claims to have slept with over 4,000 women. Now he may have to pay for his infamous sexual exploits -- or at least for talking about them so much, according to this report. One former girlfriend, Georgeann Walsh Ward, is suing Simmons for defamation because Simmons allegedly "portrayed her as an unchaste woman" in a VH1 documentary "When Kiss Ruled the World." Whereas Ward claims to have had an "exclusive, monogamous relationship" with Simmons, the documentary portrays her as a groupie. In his defense, Simmons claimed that changing social mores made a defamation claim based on allegations of unhastity obsolete, but the judge did not buy it and he denied Simmons' motion to dismiss. Stay tuned.

Per Son:
I feel uptight on a Saturday night
Nine o' clock, the radio's the only light
I hear my song and it pulls me through
Comes on strong, tells me what I got to do
I got to

Face it, being with Gene Simmons says a lot about an individual (for better or worse).

By the way, did you guys know that he is about 6'4"? I was shcoked at how tall he was when I met him on the street in Philly.
11.11.2005 11:06am
Redman:
Perhaps it was an "exclusive, monogamous relationship" that only lasted one night . . .
11.11.2005 11:57am
SimonD (www):
She "is suing Simmons for defamation because Simmons allegedly 'portrayed her as an unchaste woman' . . . Whereas Ward claims to have had an "exclusive, monogamous relationship"? Is Ms. Ward aware that by the terms of her own complaint, this is a frivolous lawsuit? If she had a monogamous relationship, she was, by definition, unchaste.

Paging Inigo Montoya...
11.11.2005 12:15pm
Cornellian (mail):
For God's sake woman, you were with GENE SIMMONS of KISS. Any concern about your reputation at this point is closing the barn door after the horse is gone.
11.11.2005 12:18pm
countertop (mail):

Perhaps it was an "exclusive, monogamous relationship" that only lasted one night . .


Or a couple of hours

Or simply when they were physically together (ie: no menagie twa or however you spell it)

In any case, is she claiming she wasn't aware of what everyone else in America knew (and which Gene Simmons proudly used as one of his most basic marketing materials)? Isn't this more about mental impressions at the time the acts were committeed - she MAY have thought she was in an exclusive relationship but its pretty clear she wasn't. Does the truthful statement of the relationship - or simply Gene Simmons perspective/opinion of the relationship - arise to the level of defamation?

I think the judge is right - this is ultimatly going to be decided based upon the facts of the case and as such isn't appropriate for summary judgment. Interestingly enough though, and perhaps indicative of how it will eventually turn out - Wards privacy claim was dismissed. Again, without reading the briefs or the courts decision I don't know all the reasons, but I suspect that it is because she willingly associated herself with a fairly high profile individual in a very public manner - one which will probably lay the foundation for undoing her defamation claim at trial.
11.11.2005 12:21pm
Goober (mail):
Interesting case. I assume that Simmons's legal position will eventually be adopted (not today, apparently). On the bill of particulars: While claiming the plaintiff wasn't monogamous is per se defamatory, admitting that the defendant (Simmons) wasn't monogamous is certainly not defamatory at all. So how does calling her a groupie found a defamation claim? (I'm assuming there's more on the record, but aside from something inherent in the word "groupie," I don't see it presented here.)
11.11.2005 12:22pm
SimonD (www):
By the way, just a side note: the websites of the New York Court system are utterly terrible. It might, therefore, have been nice for law.com to provide a link to the text of the ruling. Das is alles.
11.11.2005 12:26pm
DSN:
Goober, under New York law, it is still defamation per se to impute unchastity to a woman, but not a man. It is also defamation per se to impute homosexuality to a man (though I can't remember from bar review if it is for a woman). This is one of the few areas of New York law that makes gendered distinctions.

I think eventually NY will eventually adopt Simmons' claim about changing sexual mores, but for now, it's the law of the state, so the judge had to dismiss the motion.
11.11.2005 1:08pm
Anonymous coward:
I predict that Mr. Simmons will invoke the "Lois Pewterschmidt" defense at trial and prove that having slept with him is nothing shameful - no more, say, than having slept with the J. Geils Band.
11.11.2005 1:26pm
Party Every Day:
Is bringing a lawsuit that will probably of interest to the national press and will get more play than a VH1 special, really the best way for her to regain her reputation?

This reminds me of the Tucker Max - Miss Vermont suit of a few years ago. Tucker Max runs a website that follows his asshole exploits and contained stories of debauchery with a former Miss Vermont who was running a website encouraging chastity to aspiring teen beauty contestents. She won an injunction prohibiting Tucker from printing stuff on his website, but this was reversed on appeal. I think his defense was Truth and that she was a public figure.
11.11.2005 1:45pm
FXKLM:
Party Every Day: I disagree. That publicity for Miss Vermont was probably the most effective thing she could have done to encourage chastity among aspiring teen beauty queens.
11.11.2005 4:12pm
Hoosier:
SimonD:

Das is(T) alles.

Turnabout is fair play.
11.11.2005 4:32pm
philip snyder (mail):
I really don't care about Ms Ward So she slept with him. Big deal. He slept with her. Big deal. Hetrosexuals sleep with members of the opposite sex. But Simmons is in no way a gentleman. What he and Ms Ward did was a private and intimate matter. Which only he and she should know about. My thought: Simmons is a latent homosexual who has to brag or lie about his "accomplishments" to prove his masculinity. Anyhow he is nowhere near Wilt Chamberlains claim of conquests.....Oh yes he did of a heart attack. Boring!!
11.11.2005 6:23pm
Et tu? (mail):
My thought: Simmons is a latent homosexual who has to brag or lie about his "accomplishments" to prove his masculinity.

"I saw one!"

"What? Oh, not again..."

"There! Under the couch!"

"You did not see a homosexual under the couch."

"I did! Turn out the light - it will come back out."

"Phillip, will you come back to bed?"

"They're _everywhere_..."

"There was no homosexual under the couch. Now stop this and come to bed."

"There! Did you just see that? Where's the broom..."
11.11.2005 7:49pm
Mr. P:
If Simmons is a Republican he could always just hold a press conference and decry this "activist" judge.
11.11.2005 11:54pm
Chuck C. (mail):
Moral of the story: Gene Simmons should not KISS and tell.
11.12.2005 10:44am
Sarah Brabazon-Biggar (mail):
What a cad. He ought to be horsewhipped on the steps of his club.
11.13.2005 5:06am
SimonD (www):
Simmons is a latent homosexual who has to brag or lie about his "accomplishments" to prove his masculinity.
Doesn't it seem equally likely that he's simply chronically insecure (or perhaps, just a braggart who blew off a few too many brain cells in his youth)? The presumption that someone is homosexual rather than simply a misogynist pig is something of a self-defeating argument. I would agree with Sarah's conclusion, but for the suspicion that Simmons might enjoy such public flagellation.
11.14.2005 1:29pm
_Jon (mail) (www):
If she does get paid for "defamation of character", it would cement in my mind that she was just being paid for the sex?
Which would make her a whore, and wouldn't that be an ironic twist?
11.28.2005 5:33pm