On the eve of Adultcon the end of this month, owner Renaud West has been hit with a civil rights lawsuit. West is being sued by performers Desiree Devine, Subrina Love, Chocolate Nights and Farrah Fox. The suit alleges that West denied the women booth space at the last Adultcon in December because of their physical appearance.

The lawsuit goes on to state that West under the name of Live Entertainment Inc, a Nevada corporation, engages in intrastate business within the state of California without obtaining a certificate of qualification from the California Secretary of State as required by California Corporations Code 2105.

According to the suit, West and Live Entertainment also willfully, intentionally and with oppression, malice and fraud consciously disregarded the Plaintiffs’ rights as guaranteed by state law and that the Plaintiffs are entitled to exemplary damages according to proof.

The suit goes on to the say that the Plaintiffs are overweight and/or obese and are commonly referred to in the adult industry as BBW’s- or Big, beautiful women.

According to the suit, West organizes and produced a three-day, semi-annual event known as Adultcon at the Los Angeles Convention Center. Adultcon, a convention, is open to the general public for the purpose of meeting adult entertainment performers and buying adult motion pictures and other merchandise directly from the performers. Members of the general public are charged an admission fee to enter Adultcon.

West and Live Entertainment allow adult performers to purchase booth space during Adultcon. The function of the booth space is to allow the adult entertainment performers a designated area to set up a booth where they, among other things, may meet the public and sell adult motion pictures and other merchandise.

Plaintiffs are under the belief that West and Live Entertainment receive significant financial benefits from regular business transactions at Adultcon.

On or about November, 2008, the Plaintiffs entered in a contract with Live Entertainment to purchase two booth spaces for the Adultcon show December 5,6 and 7th. On or about November 27th, Live Entertainment sent correspondence to the women conforming that the contracts and payment were received and that their registration was complete.

Within said correspondence, Live Entertainment requested that the women e-mail photographs of themselves.

Accordingly, the women did so. On or about November 28, 2008, Live Entertainment said in correspondence citing its policy that “we reserve the right to deny booth space to any person who in our opinion is disproportionate in weight in relation to their height.”

On or about November 28, Live Entertainment in correspondence to the women said that the denial of booth space was based on two written polices: one in the written contract, the other contained on the website. According to the policies management had a right to evict based on what it considers objectionable or detracts from the general character of the exhibition. The second policy states that the management reserves the right to deny booth space to any person in their opinion is disproportionate in weight in relation to their height.

According to the suit, the women manufacture DVDs and paid for the design of posters, t-shirts, photographs and other merchandise in anticipation of selling them at Adultcon. But as a result of Live Entertainment’s “discriminatory practices,” they were unable to attend Adultcon as exhibitors or sell any merchandise.

In the suit, the Plaintiffs are alleging that West intentionally discriminated against them because of their physical appearance. To date Live Entertainment has not refunded their money. The suit goes on to say that the conduct of Live Entertainment was “outrageous and beyond the bounds of decency.”

Plaintiffs were forced to endure great pain and mental anguish, besides. As a result Plaintiff have suffered loss of income, employment, career opportunities and have continued to suffer other economic loss- the precise amount which will be proven at trial.

The suit also alleges a violation of The Unruh Civil Rights Act. Under the Unruh Act a business establishment may not discriminate against persons based upon inter alia, i.e., the physical appearance and characteristics unrelated to the ability to be a responsible consumer.

According to the suit, Live Entertainment had booth space available but refused to sell it to the Plaintiffs while selling it to other patrons.
The suit also seeks damages for intentional infliction of emotional distress.

Michael Fattorosi, www.adultbizlaw.com is the attorneys representing Devine, Love, Nights and Foxx.