Kent Blackwelder (from Big Brother’s second season) is suing Specialty Publications (which is no longer publishing but is still a part of Here! Media) after his 12-year-old daughter opened a XXX mailer advertising Freshmen, which included a free offer for a Titan Men DVD, Fresh Farm. What a deal!
Blackwelder says he never signed up to be on the mailing list, yet Spec Pub says he did in fact sign up to win a gaycation from Out Traveler (from which his address was shared with Freshmen; both defunct mags were owned by the same company), but Blackwelder denies signing up for that, too, because he’s not a homosexual. And I say he has a touch of the gay face, so anything’s possible.
The incident occurred in 2005, and the daughter now claims that she didn’t notice any warning label on the envelope, which is absurd. Having worked at Spec Pub, I’ve seen first hand how clearly marked the mailers and magazines are packaged. If you’re 12 years old and you don’t know that you’re about to open something sexually explicit, you’re either lying or you’re really, really dumb. Also, why are you opening someone else’s mail? That’s against the law.
The trial started yesterday and continues this week:
Madison Blackwelder plucked from a basket on the kitchen counter a plain white envelope addressed to her father and promising on its cover a “free new DVD offer.” She told jurors Tuesday she thought it might be a Disney movie offer so she opened the envelope. Inside was a tri-folded brochure. On its cover, it carried a warning label of sexually explicit material, her father’s name and address, and the name of the magazine and free DVD. The girl, now 16, said she didn’t notice the warning label. The brochure had what (Spec Pub attorney) Hollow called a “wafer seal” to prevent it from opening automatically. That seal is clearly broken, but Madison Blackwelder insisted the brochure easily unfolded to reveal the racy photo spread.
“Did you open that seal?” Hollow asked. “It looks to me like it’s been cut. Nobody cut that?”
“No,” she said.
Madison Blackwelder, a talented athlete and honor-roll student, said she was “embarrassed, just really confused” about what she saw and ran to her room. She said it made her fearful of “being kidnapped,” and, after her father filed the lawsuit, she sought counseling.
I’ve seen a lot of porn that has made me want to seek counseling, but a brochure for Freshmen magazine hardly seems traumatizing. Then again, I’ve never been a 12-year-old girl. Not everyone can handle seeing penises, I guess.
Blackwelder’s attorney, David Burkhalter II, insists Blackwelder did not solicit the mailer, which promised a free copy of the “Titan Men’s Fresh Farm” DVD with a subscription to “Freshmen” magazine, and has no idea how his name and address wound up on the mailing list.
“Mr. Blackwelder didn’t ask for this advertisement,” Burkhalter told jurors Tuesday. “He didn’t solicit this. He’s not gay – not that there’s anything wrong with that.”
Uh huh. Usually when someone goes out of their way (i.e. filing a frivolous lawsuit) to try and prove that they’re not something, they actually are that something.
The jury has rejected Blackwelder’s lawsuit.