FLORIDA — A college student featured on the cover ofa "Girls Gone Wild" video has sued the makers of thevideo for invasion of privacy and unauthorized use of her image.
Becky Lynn Gritzke, a business major at Florida State University,appeared in the 2000 Mardi Gras edition of the video and was alsoused on its cover, its Web site, and in television commercialsfor the product, according to court documents. The tapes, whichcollect footage of college-aged girls at events like Mardi Grasand spring break, are published by California-based M.R.A. Holding.
Gritzke’s complaint in state circuit court alleges the videopublisher used her likeness for a commercial purpose without herconsent, and that selling footage of her at Mardi Gras — whereshe admitted to having taken off her shirt in public — constitutedan invasion of privacy under Florida law. The suit asks for unspecifieddamages, costs and an injunction to stop sales of the video inwhich Gritzke appears.
"[Gritzke] has suffered embarrassment, humiliation, mentalpain and suffering and the invasion of her privacy, and will continueto so suffer permanently in the future as a result of" thevideo and its advertisements, the complaint alleged.
The production company filed a motion to dismiss the case inNovember. The motion asserts that the plaintiffs inappropriatelyinvoked Florida law, since neither the Mardi Gras celebrationnor the making of the video took place there. However, even Floridalaw, the complaint says, does not support such a claim.
"Because both MRA’s alleged videotapes and advertisementsare noncommercial speech entitled to full First Amendment protection,"Florida law cannot be interpreted to prohibit them, the complaintsaid.
MRA’s attorney Ronald Guttman said there is no expectationof privacy at a public event like Mardi Gras, where thousandsof people are watching.