One of the four women who were taped performing oral sex upon Scott Stapp and Kid Rock in a tour bus in 1999 has sued Stapp and Red Light District in Miami-Dade County Court for invasion of privacy and emotional distress, XBiz has learned.
She claims Chatsworth, Calif.-based Red Light District and owner David Joseph are selling the video for their own gain.
At post time, XBiz was unable to identify the name of the woman who is suing Stapp and Red Light District.
Red Light District attorney Peter M. Falkenstein told XBiz that as of Friday morning he had “no knowledge” of the suit and would not comment on the latest case.
Earlier this week, Falkenstein said that Red Light District plans to fight the federal lawsuit filed by singer Kid Rock attempting to prevent distribution of a video showing Rock and Creed singer Scott Stapp engaged in sex acts with groupies.
In his lawsuit, Rock is seeking a permanent court order halting sale or distribution of the video, shot in 1999 near Miami. He said it was clearly understood that the video, which reportedly features four women performing oral sex on the two men, would remain Stapp's private property and would not be displayed publicly.
Falkenstein disputes Kid Rock’s claims. He said the company purchased the tape legally from its rightful owner.
In a court filing, Rock said that Red Light District had created two websites — www.kidrocksextape.com and www.scottstappsextape — to sell the 45-minute video that was to be sold for between $70 and $80 a copy later in the year.
“This tape was not stolen, as has been wrongly suggested,” Falkenstein said. “My client was informed that from the moment it was filmed the tape was always in the possession of the videographer, a nonparticipant who owns the rights to the video.”
Falkenstein added that Rock’s privacy argument is unfounded since the sexual activity on the video took place in the presence of several people, including onlookers.
“It was filmed with Kid Rock's knowledge and with the knowledge of all involved, in the presence of several non-participants and with no restrictions as to how it might be used,” Falkenstein said.
Red Light District was ordered by a federal judge to remove a 40-second clip promoting the video from its website after Rock filed his lawsuit. Stapp’s lawyers had previously filed a separate cease-and-desist order against distribution of the video.
Falkenstein did not address Kid Rock’s claims that the video violates his trademark, but did say that Red Light District’s case will show that any injunction against distribution of the tape would violate the company’s freedom of expression.
“Red Light District has not yet presented its case,” he said. “We intend to fully contest this matter at the next hearing, and for as long as it takes to vindicate my client's 1st Amendment rights.”
Meanwhile, Rock told the Associated Press that he's upset to be associated with sex tape scandal subjects Hilton, Colin Farrell and ex-girlfriend Pamela Anderson.
"I don't want to be in that company with all these idiots [who have] sex tapes, which is why I've never had a video camera," he said. "I agree I knew the tape was going on at the time — I must have. Although, I'll guarantee you, I wasn't sober."
Rock blames Stapp for losing the sex video but appreciates Stapp for one thing.
"What perfect timing," Rock said. "I got a record coming up ... Maybe I should thank him."
Rock’s new live concert album "Live Trucker" hit stores Tuesday.
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