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Fan suing the Jazz

Kyoto said:
Let's assume that there is a conspiracy against him. He still got into a verbal altercation with an opposing player, that alone is enough to ban him for life. The Jazz and Vivint arena are just like any other business, they can refuse service for any reason. The Jazz and Westbrook aren't responsible for other people threatening him on Twitter.

Sent from my SM-G965U using JazzFanz mobile app
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People post fake tweets all the time. So I can't say one way or the other. And it has been confirmed there was more than one fake account pretending to be this guy and saying horrible things.

However, Gail Miller banned the fan then made a statement about racist, homophobic or other statements from being made. Clearly it was regarding this fan. If they did have knowledge he didn't say anything racist, but frame the ban in a way that it was racist comment based, he may have a claim.

Yes, the Jazz could ban you, but as a private figure, they can't recklessly defame you, and that has been a winning argument in many defamation cases.

If they had video or other corroborating witnesses saying he told Westbrook to ice his knees (which Westbrook was doing), but banned him anyway, when historically they have let fans say any similar and much worse banter to a player (heard much worse near courtside and the court monitors don't do anything) then release a statement on racist comments right after, what does the world infer?

Most likely, the Jazz legal team required the organization to due an ample investigation and the lawsuit is a farce, but if that is not the case, the Jazz should refuse to settle. Let the truth be known in court, get witnesses, and if allowed, forensic data to prove whether the purported Tweets were his or not, and let the guy be ruined forever.
 
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First we have the media and their handling of Richard Jewell.

Now, we have the media and their handling of Richard Tool.
 
LogGrad98 said:
Not to mention his racist rant on Twitter, since deleted of course. This is going nowhere.

Unfortunately they will probably settle. He'll end up with some amount to just go away. Probably cheaper than fighting it.
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Wasn't that a fake account?
 
LogGrad98 said:
Not to mention his racist rant on Twitter, since deleted of course. This is going nowhere.

Unfortunately they will probably settle. He'll end up with some amount to just go away. Probably cheaper than fighting it.
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Like the guy is a douche, but all except 1 of those twitter accounts were people who found his account, changed their profile to look like his, and impersonated him. He wasn’t actually the one saying those things on twitter.
 
The only hang up may be if the Jazz were specific in why they banned him, when they handed out the ban. If they end up having no proof he actually said what he said, it may not get thrown out, in that case, he very may at least get settlement money the more I look at it.
 
Saint Cy of JFC said:
It kind of is.
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He’s the one who got on the news and put his identity out there. It’s not the Jazz fault people created fake twitter and tweeted horrible things in his name. FS1 even broadcast a couple of them as real. Sue FS1 for defamation of character. They literally reported something was him that was not.
 
oneye said:
https://www.sltrib.com/news/2019/12/17/utah-jazz-fan-who/

Eye roll, I don't see how he has a case. He would have to prove beyond reasonable doubt he didn't say what he said. The organization is not responsible for his identity being released (he is, he went on the news) nor are they responsible for the reporting or fake accounts that happened after it.
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This is a civil case, not criminal. You don't have to prove it "beyond a reasonable doubt." Just the "preponderance of evidence."
 
Given it’s 2019, I gotta think there is a ton of technology all over Vivint and that the audio from that fan’s general vicinity could be isolated to find out exactly what was said.
 
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