Texas Judge: Texxxan.com Operators Can't Relaunch, Share Content

Rhett Pardon

BEAUMONT, Texas — A state judge ruled yesterday that the operators of "revenge porn" site Texxxan.com can't relaunch their site or share content with other sites.

In the order granting an injunction, Orange County Judge Buddie Hahn said the website's operators must hand over photos and information from Texxan.com within two weeks.

Hunter Thomas Taylor and his parents, Sandra and Kenneth Taylor, have been attached as defendants to the suit, which alleges invasion of privacy, emotional distress and civil conspiracy under Texas Law on behalf of more than two dozen women whose nude photographs appeared on the site. Some of the women showed up in court on Tuesday to rally against the defendants.

During the hearing yesterday, Beaumont, Texas-based attorney John Morgan claimed that after GoDaddy shut Texxxan.com down for copyright infringement, it allowed the site's administrators to purchase Texxxans.com and re-post content from the original site.

A lawyer for GoDaddy, which also is named in the suit, told the court that the registrar doesn't "condone nor support the actions" of the defendants and that it is seeking a dismissal in the case.

But Morgan told XBIZ after the hearing that he opposed a motion to drop GoDaddy, arguing two points.

"The federal Communications Decency Act does not preempt state law tort claims, which I have asserted in my live petition, and the federal Communications Decency Act does not apply in this case because the industry of revenge porn is not constitutionally protected pornography under the U.S. Supreme Court Miller standards, and instead it is unlawful obscenity and child pornography," he said.

"I also correctly informed the trial court that there is an ongoing investigation by law enforcement against these websites."

Hahn said that he would rule on GoDaddy's motion to be dismissed at a later date.

"The shocking part of the proceedings in court occurred when the attorney named James Harris, representing the individual defendant, Austin Ponthieu, vigorously opposed the entry of an injunction shutting down these websites," Morgan said. "Mr. James Harris opposed shutting down these websites, even though he knows these websites host child pornography. The court overruled Mr. Harris’ objections and entered a temporary injunction shutting down these websites. This temporary Injunction shall remain in place until the trial of this case, and I shall ask for a permanent injunction at the time of the trial.

"I can assure you there was a huge silence and puzzled look throughout the courtroom as Mr. James Harris argued that these websites should be able to continue their activities," he said.

Hunter Thomas Taylor, the alleged proprietor of  Texxxan.com, is said to have used his parents credit cards to buy the website. Taylor, 24, lives with his parents.

Taylor also is known as "Burt Martien," who has performed in a number of porn productions, and has been linked to a number of computer services relating to web design, online media and advertising. An Internet search of "Burt Martien" yields a number of casted performances for videos distributed by gay studio Jake Cruise Productions.

In previous interviews, Morgan told XBIZ that much of the nude content involving the women on Texxxan.com involved stolen content off social networks such as Facebook, as well as photos posted by spurned partners. The site offered explicit photos of local Texas women by region.

The suit, filed in Orange County Court in Texas, asks for actual and punitive damages, as well as attorneys fees.