TES wins Privacy Challenge in Court

05.04.01
The TES Board of Directors is pleased to announce that TES was victorious in its lawsuit to protect the privacy and anonymity of its membership. The New York State Supreme Court ruled that TES had justifiably refused to provide "Robrac" - the plaintiff and a former member of TES - with a copy of its confidential membership list.

In May of 2000, Robrac sued TES in State Court for copies of all books and records of TES, including the confidential membership list. Robrac also sued four TES board members - suing them under their legal names, not their scene noms de plume. TES vigorously opposed the release of the membership list. The case was assigned to the Honorable Justice Alice Schlesinger, who dismissed the individual defendants and found that it appeared the plaintiff was acting in bad faith and was seeking the membership list only to harass and "out" TES members. Justice Schlesinger then assigned the matter to a special Referee, a court officer, to hold a hearing to make additional findings of fact, especially about the plaintiff's motivation in seeking the confidential membership list.

The hearing was held in late November and early December. The Special Referee issued a report highly favorable to TES and found that Robrac was acting in bad faith in seeking the membership list and that TES had acted properly in denying his request.

On April 26, 2001, Justice Schlesinger submitted her final ruling, in which she ruled in favor for TES on all counts. Not only did the judge dismiss Robrac's lawsuit in entirety, but also placed sanctions against Robrac, ordering him to pay TES $1,000.00 for TES's actual expenses and attorneys fees. Granting sanctions is extremely rare, especially against a pro se party.

The court held that Robrac's intent was to use the membership list to drive people out of TES, by threatening to "out" them, as well as being "obnoxious to the membership." The Board of Directors of TES is extremely pleased that the judicial system understands the need for groups such as TES to be protected from threats of outing. In that respect, this decision is a victory for the entire BDSM community.

We acknowledge and thank the tireless efforts of our volunteers, as well as our attorney, Michael T. Fois, Esq. TES is especially grateful to the individuals named in the lawsuit as well as the members who were willing to appear as witnesses - and risk being outed - to defend the privacy rights of our members. We hope that this closes the final chapter in a very painful time for TES.

Copies of the rulings by Judge Schlesinger and the Special Referee's report with personal data redacted - are available on request.