Originally Posted December 22, 2023

by Robert Baty

Watch for Updates

Lisa Metzger is one of Jesse Boyd’s, Eric Trent’s, Carter Phillips, & Bethany Boyd’s (The Montana 4) biggest social media promoters. In what appears a classic case of hypocrisy (at least to me), Lisa has just filed a federal case against someone who offended her by using her images in a way she didn’t approve. We’ll see how that turns out.

Link to federal COMPLAINT:

http://kehvrlb.com/wp-content/uploads/2023/12/Lisa-Metzger-Federal-Case.pdf

From Page 1 of COMPLAINT:

Current docket record:

Sample of images that Lisa and her co-plaintiffs are suing over:

12/29/2023 – Just noticed the guy on the far left above is now Monroe Mayor Robert Burns!

Screenshot of Lisa’s FaceBook post about the case:

A singular summons has been issued (see docket record above). The docket record indicates it has not yet been served on the named defendant.

Link to summons document:

http://kehvrlb.com/wp-content/uploads/2023/12/Summons-Issued-in-Metzger-v-East-Frank-Superette-Case.pdf

Links to Plaintiffs’ FaceBook Pages:

Lisa Metzger

https://www.facebook.com/lisametzgerhomeschool

Amelia Ball

https://www.facebook.com/profile.php?id=100036184418304

Michelle Ball

https://www.facebook.com/michelle.ball.1217

Eliza Ball

https://www.facebook.com/profile.php?id=100080415737154

Ted Toms

https://www.facebook.com/ted.toms

Jessica Mullens

https://www.facebook.com/jessicamullen1234

Sofia Chabot (aka Sofi Cha)

https://www.facebook.com/sofi.cha.1

Update December 23, 2023

Ron Buford posted the following comments on Lisa Metzger’s FaceBook page in response to her advertising the WBT radio segment last night.

Update December 25, 2023

Link to 2022 news article about East Frank’s coming to Monroe, NC:

https://www.wcnc.com/article/news/local/controversy-union-county-restaurants-drag-bingo/275-c24e346a-70b9-428f-b684-9c595b41088a

Link to Cress Barnes FaceBook page:

https://www.facebook.com/Cress.LucyKwipment/

Update December 26, 2023

Update December 27, 2023

Note of Appreciation

Before he was mayor of Monroe, NC, Robert Burns took part in demonstrations at East Frank Superette and Kitchen. Now that he’s mayor, I posted to his page and asked him privately for a public statement regarding Lisa’s lawsuit. It appears he has seen my messages but has made no public statement regarding the lawsuit. It also appears Lisa may be keeping quiet on advice of counsel. So, we wait.

It was the short WBT program that was posted by Lisa Metzger on her page to let the world know she filed suit against East Frank. WBT approved and posted this comment, but still has not posted my comment which appears to have been rejected. I think mine was submitted hours before Thomas Merchant’s. I don’t think WBT likes me.

https://wbt.com/855950/exclusive-monroe-restaurant-sued-after-drag-show-protests/

I went back to listen to that radio broadcast with Lisa’s lawyer. I just noticed where it was announced that Lisa enlisted the help of Coalition for Liberty (Doug Turpin, founder) and through that effort the Sneeds were hired to prosecute the case against East Frank Superette and Kitchen.

https://www.coalitionforliberty.com/

https://www.facebook.com/CoalitionForLiberty/

Update December 28, 2023

Who is Doug Turpin?

https://www.carolinajournal.com/people/doug-turpin/

https://wbt.com/855950/exclusive-monroe-restaurant-sued-after-drag-show-protests/

https://youtu.be/c9i5qHADq_A?si=z_JY-N35tOVvJ94g&t=1025

https://www.facebook.com/kevin.p.abplanalp

.https://www.youtube.com/watch?v=cGveLz7B4JQ

Go to comments section under the above news video for my comments posted there (3 separate comments so far).

Maybe I had something to do with that news report! Austin Walker is the WCNC news reporter featured in the broadcast.

I tweeted to Austin Walker about that, and he tweeted back the following:

Is this plaintiff confirming, implicitly, that they filed a Strategic Lawsuit Against Public Participation? The COMPLAINT doesn’t mention this as a goal!

Lisa Metzger’s Announcement of the WCNC coverage:

Update December 29, 2023

https://www.facebook.com/harristeeter/posts/pfbid0NdZJC3ZbyQE5y825jQBmAXs4XXjQtxMmvqkBiNEFr6WLQYyyUP7HDNtXRVrLtG3ml

Link to discussion of parody as “fair use”:

https://corporate.findlaw.com/intellectual-property/parody-fair-use-or-copyright-infringement.html

Link to related U.S. Supreme Court case:

https://caselaw.findlaw.com/court/us-supreme-court/510/569.html

More feedback via FaceBook Messenger:

Link to Hustler v. Falwell U.S. Supreme Court case:

https://supreme.justia.com/cases/federal/us/485/46/

I just ran across the print version of the WCNC story at:

https://www.wcnc.com/article/news/local/monroe/drag-brunch-monroe-east-frank-superette-and-kitchen-lawsuit/275-e8ff6b3b-413d-4ecf-9b28-75e9dd6fc9eb

(excerpt)

The owner and operator of East Frank Superette and Kitchen Carley Englander

released the following statement to WCNC Charlotte in response to the lawsuit:

‘We at East Frank believe this lawsuit to be politically

motivated but unfortunately we are unable to discuss

this any further at this time. Thank you for your

interest and giving us the opportunity to speak on this’.”

Update December 30, 2023

Today’s positive feedback from Monroe, NC:

https://www.facebook.com/electrobertburns/posts/pfbid02UBwodZvLmUSFiDgoNiHr8sgCry8RKLz8ptZRxNLJPFvHwnMaghvqm3Lp4q3ddhTKl

The above is from Mayor Robert Burns’ FaceBook page. I have been trying to get him to publicly comment on the lawsuit. Still waiting. He is implicated in the lawsuit as indicated below taken from the COMPLAINT. The identification is my doing.

More of the feedback from Monroe, NC Mayor Robert Burns’ page:

Update January 1, 2024

An anti-abortion photographer, Stephanie Grooms, sued in federal court Voice of Choice, et al, back in 2013, over Voice of Choice (pro-abortion) use of a photograph she took featuring Lisa and Mark Metzger. She shortly thereafter filed a voluntary dismissal. It is not known whether she ever tried again. I did not find another filing in federal court.

http://kehvrlb.com/wp-content/uploads/2024/01/Stephanie-Grooms-2013-COMPLAINT.pdf

The photo in dispute in the Grooms case is shown below. Grooms did not illustrate the uses made of the photo which were the cause of her complaints.

The Monroe 7 Legal Dream Team

https://www.sneedlegal.com/

I’ve been unable to determine and confirm the identity of the 3rd party lawyer interviewed by WCNC’s Austin Walker in support of The Monroe 7. Maybe later. Maybe not.

Time marked link to WCNC broadcast illustrated below:

https://youtu.be/cGveLz7B4JQ?si=jGsNKKe8P-l8TJDm&t=155

Ah! Looks like this is the guy; Gary V. Mauney:

https://www.mauneypllc.com/

Update January 3, 2024

Doug Turpin has come out of hiding and is now bragging about his Coalition for Liberty being behind The Monroe 7 and their federal lawsuit against East Frank Superette and Kitchen.

Link to Doug’s YouTube Video:

https://www.youtube.com/watch?v=DD4grNkXrN4

Link to Doug’s FaceBook Page Announcement:

(Doug Turpin has blocked me his FaceBook page and deleted the comments I posted there!)

https://www.facebook.com/CoalitionForLiberty/posts/pfbid02RsqYisJbvssdALPsi5VR1ujH6JgyEH18fU3L5EUxR7jnzATG36k8pWoqoXaf2zVjl

FOX8 – WGHP, David Pierce broadcast/posted on The Monroe 7 at:

https://myfox8.com/news/politics/nc/north-carolina-restaurant-sued-over-altered-photos-promoting-drag-events-records/amp/

Update January 5, 2024

Kelly Clarkson featured the owners of East Frank on her television show a year ago, archived on YouTube at:

https://www.youtube.com/watch?v=HZzT5RJeUQo

Video Description

Monroe, North Carolina natives Cress and Carley are on a mission to bridge the gap between their small town’s conservative and LGBTQ+ communities by hosting family-friendly drag shows at their restaurant, East Frank Superette and Kitchen. Cress and Carley share how they are “making Monroe Fun-Roe” by modeling behavior to be accepting and kind, and hosting the county’s first-ever Pride festival.

Current Docket Record

The 2 notices of appearance are both from Megan Sneed; an original and an amended. She is Jason Sneed’s wife/partner. Together, they represent The Monroe 7.

Update January 9, 2024

Motion for extension of time to file ANSWER and identification of defense lawyer!

http://kehvrlb.com/wp-content/uploads/2024/01/East-Frank-Motion-for-Extension-of-Time.pdf

.

Update January 12, 2024

The Carolina Journal has published a fluff piece on the lawsuit at:

https://www.carolinajournal.com/union-county-drag-show-hosts-sued-for-allegedly-editing-photos-to-make-protesters-look-like-supporters/

I posted some comments on The Carolina Journal FaceBook page where they also published the article.

https://www.facebook.com/carolinajournal/posts/pfbid036EftSSSWkGGt6GCCBxqxXFDn398LT5u36Z95dxxCFFCphAyu3ZyyM7NZPoEAFySdl

Peter S. Barwick, shown below, appears to be one of the lawyers interviewed and mentioned in The Carolina Journal article referenced above.

Update January 13, 2024

5 of The Monroe 7 made it to the wedding of Lisa’s daughter today!

Update January 15, 2024

Link to article summarizing 10 most significant parody cases as “fair use”:

https://seanmiller.us/blog/10-fair-use-cases-in-us-courts/

Update January 23, 2024

Another disappointing local news report from WBTV. The charade continues with poor reporting and unexplained persons promoting the lawsuit.

https://www.wbtv.com/2024/01/22/union-county-drag-protest-lawsuit-group-sues-restaurant-over-photoshopped-ads/

It is reported that Ferguson’s client Jack Fisher in the criminal easement case got 25 years! That may say a lot about how much credibility he has regarding the merits of Lisa Metzger’s case against East Frank.

https://www.forbes.com/sites/peterjreilly/2024/01/19/stiff-sentences-in-conservation-easement-criminal-casereactions/?sh=6d32c1ed7974

(excerpt)

The big news last week for those who follow the controversy around syndicated conservation easements (SCE) is the extremely harsh sentences handed down by Judge Timothy Batten to CPA Jack Fisher and lawyer James Sinnott. Fisher got 25 years and Sinnott 23 years. There is also restitution to be paid: $455,855,755 from Fisher and $443,760,035 from Sinnott. Most of the coverage so far has been based on this DOJ press release. This piece will take a somewhat deeper dive giving you some background and reactions.”

The press release referenced above may also be found at:

https://www.justice.gov/opa/pr/two-tax-shelter-promoters-sentenced-25-years-and-23-years-billion-dollar-syndicated

Update January 25, 2024

Update January 26, 2024

The Mayor Robert Burns Interview

https://wbt.com/903305/1-26-2024-exclusive-monroe-mayor-robert-burns-interview/

Update February 5, 2024

Scholarly article on the Lanham Act and Parody:

http://kehvrlb.com/wp-content/uploads/2024/02/I_m-Litigatin_-It__-Infringement-Dilution-and-Parody-Under-the-Lanham-Act.pdf

How do folks as smart as Jason & Megan Sneed, The Monroe 7 / Doug Turpin lawyers, not see and acknowledge the problems with their case, their legal position?

https://www.sneedlegal.com/news/false-advertising-litigation-brought-by-sneed-pllc-highlighted-in-the-carolina-journal

Update February 9, 2024

Link to Motion to Dismiss by Earl Frank Superette and Kitchen:

http://kehvrlb.com/wp-content/uploads/2024/02/East-Frank-Motion-to-Dismiss.pdf

Link to Memorandum in support of Motion to File:

http://kehvrlb.com/wp-content/uploads/2024/02/East-Frank-Memorandum-for-Motion-to-Dismiss.pdf

Update February 10, 2024

Bo Caudill files entry of appearance on behalf of East Frank:

.

Update February 15, 2024

FFRF letter to Monroe, NC City Council

http://kehvrlb.com/wp-content/uploads/2024/02/Note-to-Monroe-City-Council-from-FFRF.pdf

Update February 20, 2024

Monroe 7 ask for more time to respond!

http://kehvrlb.com/wp-content/uploads/2024/02/Monroe-7-Wants-More-Time-02202024.pdf

Update February 21, 2024

The judge seems to think The Monroe 7 COMPLAINT may be without merit, so he suggests they may want to file an AMENDED COMPLAINT instead of trying to salvage their original COMPLAINT with an attempted rebuttal to East Frank’s MOTION TO DISMISS.

Update March 1, 2024

A fundraiser for East Frank Superette and Kitchen has been established at the following link:

https://www.gofundme.com/f/east-frank-superette-legal-defense-fund

Seems Lisa Metzger and The Monroe 7 have now targeted the Dowd Center Theatre for protests:

Update March 8, 2024

The Monroe 7 (Lisa Metzger, et al) have elected to file an AMENDED COMPLAINT!

http://kehvrlb.com/wp-content/uploads/2024/03/Monroe-7-Amended-Complaint-03082024.pdf

Update March 11, 2024

Just a little housekeeping. The Court DENIED defendant’s Motion to Dismiss as MOOT due to the AMENDED COMPLAINT being filed. The Defendant might be expected to file a new Motion to Dismiss, or other motion, addressed at the AMENDED COMPLAINT.

http://kehvrlb.com/wp-content/uploads/2024/03/Motion-to-Dismiss-DENIED-as-MOOT-03112024.pdf

Update March 15, 2024

The Monroe City Council held a regular meeting this evening. I did not notice any invocation, at least not on the video posted to YouTube. Public comments began about 20 minutes in and were extended to allow more who signed up to speak. Mostly, both sides of the drag show issue showed up in force and made their statements. At the end of the meeting, there was a closed session. After the closed session the council voted to allow the “Hello, Daddy” drag show previously scheduled at the city’s Dowd Center Theatre. The mayor expressed disappointment in the course that issue took.

Link to Video of City Council Meeting:

https://www.youtube.com/watch?v=ACew6UiVbCU

WCNC’s Austin Walker reported on the Monroe, NC City Council Meeting of March 15, 2024 at:

https://www.wcnc.com/article/news/local/monroe/monroe-city-council-allows-drag-show-dowd-theatre/275-167b9957-0e7d-4620-9138-625db7b05e47

Update March 17, 2024

The WCNC video report of Friday’s events may be found at the following link:

https://www.youtube.com/watch?v=-PkFuB0klYs

Update March 18, 2024

Mayor Burns speaks, but leaves a lot out that he should have dealt with!

https://www.facebook.com/electrobertburns/posts/pfbid02h5RYo5rMqo8EPiireG4J733mmRzXr6z5pVnJE4jpARQ8TvuW9WTarYWoojBU5Ldml

Update March 20, 2024

East Frank has asked for a 21-day extension of time to file its RESPONSE to The Monroe 7 AMENDED COMPLAINT. It will likely be granted.

http://kehvrlb.com/wp-content/uploads/2024/03/More-time-requested-for-East-Frank-Response-to-Amended-Complaint.pdf

Update April 12, 2024

East Frank has now filed it’s response to The Monroe 7’s Amended Complaint.

Two-Page Motion to Dismiss

http://kehvrlb.com/wp-content/uploads/2024/04/2-Page-Motion-to-Dismiss-04122024.pdf

Twenty-Five Page Memorandum in support of Motion to Dismiss

http://kehvrlb.com/wp-content/uploads/2024/04/Memorandum-04122024.pdf

News reports are now reporting that East Frank has filed a countersuit against The Monroe 7:

https://www.wbtv.com/2024/04/12/monroe-restaurant-countersues-anti-drag-protestors-after-photoshopping-lawsuit/

This is a link to the ANSWER & COUNTERCLAIMS filed by East Frank as part of the federal case:

http://kehvrlb.com/wp-content/uploads/2024/04/Answer-and-CounterClaims-04122024.pdf

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