[NYDNews]Law suit claims Rockets players harassed gay man

http://bbs.clutchfans.net/showthread.php?t=252514

 

Sorry. Didn't realize there was already a thread for this.

 

Houston Rockets reject arguments from gay Barclays Center worker who says players harassed him

[rQUOTEr]The Houston Rockets are trying to reject a gay food server’s lawsuit alleging he was subjected to unsportsmanlike conduct by players in the visitor’s locker room at the Barclays Center.

The basketball team’s lawyers filed papers Wednesday in Brooklyn Federal Court to dismiss Rasean Tate’s employment action because he never worked for the team.

Tate claims in the suit that while was setting up a buffet on Feb. 22, 2013 prior to a Nets-Rockets game, unidentified players yelled “Get his f----t out of here!” behind his back and accused Tate of “trying to catch a sneaky peeky.”

As a result of reporting the name-calling to Nets officials and the catering service he worked for, Levy Restaurant Holdings, Tate claims he was barred from working in locker rooms, VIP sections and reduced his overtime, according to court papers.

“The Rockets are not alleged to have participated in any of the subsequent allegations of retaliatory or discriminatory employment actions; nor could they have been as the Rockets are not (Tate’s) employer and have no authority to take employment action with regard to him,” team lawyers state in their motion to dismiss the suit.

There’s even some trash-talk in the legal motion, calling Tate’s complaint “flimsy, “ “poorly pled and “utterly implausible.”

“Plaintiff’s claims against the Rockets should be swiftly dismissed,” the team’s lawyers urged Federal Judge Jack Weinstein.

There is no acknowledgment in the motion that the Rockets ever investigated the allegations or were even notified that it occurred. Tate’s suit contends that he was told “all relevant entities were notified.”

The Rockets characterize Tate’s allegations as “he heard and assumed, but did not see, that Rockets’ players and staff were making derogatory comments toward him.”

Tate’s lawyer, Marjorie Mesidor, did not return a call for comment.

In its answer to the complaint, Levy Restaurant Holdings confirmed that Tate met with officials from the company, the Nets and his union to discuss the incident but denies the allegations of discrimination and retaliation.[/rQUOTEr]

 

Dismissed...

Harassment suit against Houston Rockets for players’ alleged gay slurs against Barclays Center food server is rejected

His lawsuit against the Houston Rockets was an airball.

A Brooklyn judge dismissed a discrimination claim by a gay food server who alleged he was ridiculed by unidentified players in the visitor’s locker room at Barclays Center.

Federal Judge Jack Weinstein ruled Monday that since Rasean Tate was not a Rockets’ employee, there is no basis to sue the team for the alleged retaliation that ensued after he complained to his employer, Levy Restaurant Holdings, about the harassment. Tate claims he was barred from working in the locker rooms and his overtime was curtailed.

Tate claims in the suit that while setting up a buffet on Feb. 22, 2013 before a Nets-Rockets game, several unidentified players yelled behind his back, “Get this f----t out of here!” and accused Tate of “trying to catch a sneaky peeky,” according to court papers.

Weinstein said the suit can proceed against Levy. “We respect the judge’s decision but it doesn’t take away the culpability of what Houston Rockets players and staff did in the locker room that day,” said Tate’s lawyer Marjorie Mesidor.

“The comments were discriminatory and they happened.”

The Rockets argued in court papers that it was unaware of the incident prior to the filing of the suit in April.

Read more: http://www.nydailynews.com/new-york...kets-rejected-article-1.1933384#ixzz3Cqge3otb

 

It was definitely Parsons, what a douche.

 

He probably was trying to get that sneaky peaky

 

Very funny.

 

One of the players probably called another one a f***** and this guy magically thought it was directed towards him.

 

Most likely. Probably following Lin's lead.

 

It was Asik.

 

Only in America can you file a lawsuit and not have it IMMEDIATELY laughed out of the court for getting your feelings hurt.

 

So is he suing for full access or just a sneaky peeky?

 

I guess you've never seen libel/slander laws in the UK (actually, all of Europe, I think).

 

Why not sue the player directly? I'm pretty sure they'd try to settle and avoid backlash in today's PC society.

 

Is there anyone here who doesn't believe it was Parsons that did this?

 

Frankly, "sneaky peeky" sounds like the kind of corny terms that Dwight Howard would use.

 

Would have been pretty impressive to do that from the lakers locker room.

 

this reeks of something Lin would say