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

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in the state, with penalties of up to $10,000 per violation.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

AV Bulletin: West Virginia Enacts AV Law, Ohio 'Innocence Act' Advances

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Clips4Sale Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of content platform Clips4Sale in a case against a website using a similar domain to impersonate the site.

FSC Talks Age Verification on Capitol Hill

The Free Speech Coalition (FSC) has published a blog post detailing the organization's talks on age verification on Capitol Hill in Washington.

FTC Warns PayPal, Stripe, Visa, Mastercard Against Debanking

Federal Trade Commission Chairman Andrew Ferguson sent letters on Thursday to the CEOs of PayPal, Stripe, Visa and Mastercard, warning them against debanking practices — including denying customers access to services based on lawful business activities perceived as high-risk.

EU Cites 4 Adult Sites for AV Breaches

The European Commission has preliminarily found PornHub, Stripchat, XNXX and XVideos to be in breach of Digital Services Act provisions intended to shield minors from adult content.

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Show More