Federal Court Tosses Case of ‘Flasher’s Remorse’

BALTIMORE — In a ruling of particular interest to adult filmmakers and photographers, a federal judge has decided that a woman captured on film while exposing her breasts at a public event can’t sue a publisher for including her photograph without consent.

Tonya Barnhart, in a case of “flasher’s remorse,” appealed to a higher court after she sued and lost her case against Easyriders magazine publisher Paisano Publications for invasion of privacy.

The photo of a topless Barnhart appeared in a section of Easyriders devoted to the “exhilaration” of the motorcycling lifestyle.

Barnhart, 29, lifted her shirt at the Toop’s Troops 2nd Annual Pig Roast, an August 2004 fundraiser attended by motorcycle enthusiasts. At some point during the day women began removing their shirts in return for being given beads.

Barnhart, swept up by the Mardi Gras-atmosphere, was hoisted onto the shoulders of two men and voluntarily lifted up her shirt. At that moment, freelance photographer Bill Cromwell snapped a photo of Barnhart in her exposed state. He later submitted that picture to Easyriders, and it was published in the magazine’s March 2005 edition.

After a lower court rejected her claims, U.S. District Judge J. Frederick Motz ruled Barnhart did not have a triable claim under any privacy theory and summarily dismissed the case.

“Plaintiff’s lifting up of her shirt cannot reasonably be said to have constituted a private act” since the pig roast was “an outdoor fund-raising event open to any member of the public who purchased a ticket,” Motz wrote in an opinion handed down in mid-October.

“According to plaintiff’s own estimate, about 200 people were present at the event. Although she alleges that at the moment she removed her shirt she was in the company of only about 10 people, all of whom she knew and trusted, the fact remains that she exposed herself in a public place where anyone could have seen her.”

Motz, in the opinion, cited two cases — Furman vs. Sheppard, 744 A.2d 583 and in Solomon vs. National Enquirer, 1996 W.L. 635384 — that both mandate the entry of summary judgment for defendant on plaintiff’s seclusion and unreasonable publicity claims.

He also referred to another case involving “Girls Gone Wild,” in which a Louisiana judge allowed two women videotaped in a New Orleans bar to proceed with a privacy claim. But Motz said that was distinguishable in part because the “plaintiffs alleged that they had been photographed only ... after being told that they would not appear on any ‘Girls Gone Wild’ video.”

Motz noted that courts in other states have upheld similar claims involving publicity that unreasonably places another in a false light before the public against two adult magazines, Chic and Hustler. But the plaintiffs in those cases — Braun vs. Flynt, 726 F.2d 245, 247 and Douglass vs. Hustler Magazine, 769 F.2d 1128 — presented evidence demonstrating the degrading and lewd content of the magazines.

The case is Tonya Barnhart vs. Paisano Publications LLC, No. JFM-06-318.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Utah VPN Rule for Adult Sites Takes Effect This Week

A new law in Utah comes into force Wednesday, making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification.

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Brazil Invites Public Input on Guidelines for New Digital Law

Brazil’s National Data Protection Authority (ANPD) is soliciting public comments to help improve interpretation and application of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

UK Outlaws Content Featuring Choking, Adults Portraying Underage Characters

The U.K.’s Crime and Policing Bill received final passage in Parliament on Monday, including provisions criminalizing depictions of “non-fatal strangulation” as well as sexual content in which adults portray underage characters.

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

Meta Restores Playboy Germany Facebook Page After Court Order

The Facebook page of Playboy Germany, the German-language edition of the magazine, is now back online after a two-month suspension by Meta, following an order by the Düsseldorf Regional Court.

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Tennessee Bill Would Require Warnings on Adult Stores

The Tennessee Senate has passed a bill requiring adult stores, theaters and other establishments in the state to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Canadian Senate Approves National Age Verification Bill

Canada’s Senate on Wednesday passed bill S-209, the “Protecting Young Persons from Exposure to Pornography Act,” which would require commercial adult websites to verify that Canadian users are at least 18 years old.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

Show More