So, I did some work in law school with the ADA and I was curious if Moebious Syndrome is considered a disability either under the ADA or the Utah version of it. While its possible, it has more to do with appearance than any real lack of function. And something Russell seems to be missing, the ADA only has to do with employment. A private person can't sue another private person because they felt they were discriminated against. Utah doesn't have a private right of action for discrimination unless he's being barred from some sort of service or employment. And it would be a stretch to say that any of his celebrity victims were offering a service. They offered a product on their own terms and conditions that they were free to modify and he accepted those terms and conditions.
If he was smart, he would sue under Intentional Infliction of Emotional Distress or Negligent Infliction of Emotional Distress, but 1) he'd have to prove there was intent/and or some sort of duty and 2) that he suffered some real form of damages. Their conduct would have to be “Outrageous and intolerable”, "conduct that offends generally accepted standards of decency and morality or, in other words, conduct that is so extreme as to exceed all bounds of what is usually tolerated in a civilized community. Conduct that is merely unreasonable, unkind, or unfair does not qualify as outrageous and intolerable conduct." Per Utah case law.
And he'd be limited to actual damages and maybe a small pain and suffering reward. That's what is really stupid about his cases. 99% of what he is demanding is punitive damages. Those don't really happen in court cases unless the defendant has some sort of egregious or habitual negligence. But not $80million worth. Think about the McDonalds coffee lady. She had to get skin grafts because the coffee was so hot. McDonalds served their coffee just below boiling, far above reasonable or normal conduct. That little old lady only won $2.86 million and only ended up getting just over $600k. For having the skin on her legs and vagina melted off. But ol' Rusty probably thinks that being treated almost normally is far more egregious.
Great analysis.
Both his arguments are immediately rendered moot though.
Taylor Swift has no legal duty to him. His argument that Taylor Swift does nice things sometimes and therefore fraudulently induced him into trying to get her to do a nice thing to him is baseless. If that were the case, giving a dollar to a homeless person would obligate you to then give a dollar to every homeless person.
His argument that unsolicited policies are discriminatory is also moot -- they apply universally to all parties; disabled or not. And they exist to protect artists from subsequent copyright infringement claims.
As far as Ariana Grande is concerned - she has no legal duty to "compliment him on his suit." Just laughable.
Her guards didn't let him give her flowers because it plainly says on the VIP ticket that there is a NO GIFTS POLICY. He knew this, because he asked about it on Quora thinking maybe that policy doesn't apply to him. He was told it does and still tried to give her a gift.
Regardless, Ariana has no legal duty to accept a gift.
The remainder of his claim is that her bodyguards assaulted him and she looked at him funny.
For one, I am certain they did not touch him. Russ has a long history of completely lying about situations. See his claim that Swift's agent insulted and shamed him in a voicemail. When he posted the voicemail, in reality, the agent was pleasant and courteous, explained that they have an unsolicited policy, and then wished him luck with his music.
Beyond that, her bodyguards are allowed to do what they feel they need to within reason to protect her. If a creepy dude who had already broken the no gifts rule ran towards Ariana, yeah man, you're gonna get grabbed by her personal security.
Lastly, it's human nature to gawk at a greasy slackfaced doofus. Whether or not Ariana looked at him funny is immaterial. The law doesn't create a safe space where people aren't allowed to look at you funny. If you're a 25 year old troglodyte playing dress up in a cheap suit and going to a concert predominately for pre-teen girls - people are gonna look at you funny regardless of whether or not you have a saggy face and leave a trail of spittle everywhere you go.
This guy is just such a fucking clown. I'm waiting for the other shoe to drop and for him to actually face a real consequence for his vexatious litigation and insane ranting.
