The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Monday, June 12, 2006
"Is it legal to fire a woman because her breasts are too large?"
Via Ann Althouse, that is the legal question presented in the case of Alice Alyse v. the producers (and various other people associated with) Movin' Out (the Billy Joel musical), filed here in Miami. Alice is represented by Larry Klayman. Here's the Washington Post article. Here's the lawsuit. And here is her website (in case you want to judge for yourself).
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After reviewing the evidence presented (the website), I have decided to rule with the Defense on their Motion for a Directed Verdict. The Court finds that the mamories in question are not nearly large enough to bring the plaintiff within a special or unique "protected class." But see, In Re Ana Nicole Smith. Beyond the actual termination of employment, the plaintiff presented no evidence of discrimination or wrongful discharge. In fact, the defendant clearly used the least restrictive means to ensure that its cast was at least a 6 on the universally recognized hotness scale, compare, In Re Butherface; it is the Court's finding of fact that the plaintiff registers in at a 5.2. See also, In Re Ann Coulter.
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