Fitness guru Richard Simmons is suing gossip magazines The National Enquirer and Radar Online and media publisher American Media, Inc for “cruel and malicious” reporting since June of 2016 suggesting Simmons was undergoing a sex change. Such allegedly false reports included the claims that the fitness star had “‘shocking sex surgery,’ breast implants, hormone treatments and consultations on medical castration.”
In the libel complaint filed Monday in Los Angeles, Simmons argues that he has a “a legal right to insist that he not be portrayed as someone he is not.” It was also argued that The National Enquirer used a sole source they knew to be non-credible to malign him.
The complaint “paints the tabloids’ conduct as ‘particularly egregious,’ a cynical calculation that Simmons wouldn’t sue because he wouldn’t want to appear as frowning upon the act of transitioning from one gender to another,” reports The Hollywood Reporter.
“National Enquirer and Radar Online have miscalculated,” says the complaint. “The National Enquirer and Radar Online have cheaply and crassly commercialized and sensationalized an issue that ought to be treated with respect and sensitivity. Principles of freedom of speech and press may protect their prerogative to mock and degrade the LGBTQ community. But freedom to speak is not freedom to defame. Mr. Simmons, like every person in this nation, has a legal right to insist that he not be portrayed as someone he is not. Even the most ardent supporter of sexual autonomy and LGBTQ rights is entitled to be portrayed in a manner that is truthful.”
Simmons’ attorney, Neville Johnson, added that the magazines’ actions denied Simmons his right “to be treated with decency and dignity, free from the deliberate propagation of falsehoods that have no motivation other than exploitation.”
“It is to vindicate that right, and the rights of all persons to be portrayed with dignity and honesty with regard to their sexual identity, that Mr. Simmons files this lawsuit,” said Johnson.
Additionally, Simmons’ complaint claims the source for such malicious reporting was a blackmailed stalker who was known to be discredited.
“Starting from around May 2015, Mauro Oliveira, an individual who has blackmailed, extorted and stalked Mr. Simmons for several years with the intention of destroying the career and reputation of Mr. Simmons, contacted several press outlets, including the National Enquirer and Radar, and offered information on Mr. Simmons’ disappearance in exchange for a fee,” says the compliant.
Per the complaint, Oliveira once claimed Simmons’ absence from the spotlight was due to his witchcraft-engaging housekeeper holding him hostage; in another instance, she claimed it was the secret sex change.
“All of these assertions were untrue, and were merely attempts by Mr. Oliveira to gain a profit in exchange for providing a false narrative about Mr. Simmons’ leave of absence,” the complaint continues. “While pitching around these ideas, Mr. Oliveira was simultaneously blackmailing Mr. Simmons, sending him emails and threatening to destroy his reputation with damaging press coverage unless Mr. Simmons paid Mr. Oliveira to stop.”
Still, this individual was the sole source to some reports, alleges the suit.
“The cover of the article, 100% entirely dedicated to the false story about Mr. Simmons’ transition, included an old image of Mr. Simmons from 2013 (before his disappearance), dressed in costume as a female, which he has done openly over the years consistent with his well-known and longstanding burlesque-style entertainment persona,” says the complaint of a June 8 report from The National Enquirer. “Accompanying the image of the 2013 photo of Mr. Simmons was a large bold headline, taking up half of the cover page, proclaiming ‘Richard Simmons: He’s Now a Woman!'”
“Radar is said to have followed this up with five articles itself recycling information,” noted The Hollywood Reporter.
Since Simmons’ suit could be construed as categorizing transgenderism as shameful, it may face issues in court. The Hollywood Reporter explains:
The lawsuit raises provocative issues. Past courts have grappled with the question of whether being called gay is actually a stain on one’s reputation. Other courts have dealt with public accusations of cosmetic surgery in the reputational context. Results have been mixed. For instance, Tom Cruise once won a default judgment against a porn actor who claimed an affair, while a New York appeals court in 2012 ruled that defamation suits premised on one’s sexuality are “based on the flawed premise that it is shameful and disgraceful to be described as lesbian, gay or bisexual.”
But, as noted by the publication, Simmons has filed “the first-ever defamation lawsuit over published reports of a sex change and framing it as a stand for dignity and the right to have a gender identity.” Such framing of the suit will likely help his case.
“Simmons is now bringing four counts of libel as well as an invasion of privacy-false light charge. He’s asking that defendants be enjoined and restrained from continuing to disseminate articles about how Simmons underwent a sex change plus demanding an unspecified amount of compensatory and punitive damages. He also wants an apology and retraction,” notes The Hollywood Reporter.
American Media, Inc. is standing by their reporting.
“While we have not seen Mr. Simmons’ complaint, we stand by our reporting about him, all of which was based on solid sourcing, photos and videos. Should he choose to proceed with his lawsuit, we will defend it vigorously, and we look forward to the public vindication of our reports,” said an American Media, Inc. spokesperson.