DOVER, Del. — A judge in Delaware has decided to proceed with a defamation lawsuit against the sports site Deadspin, stemming from a piece that claimed a young NFL fan and his family demonstrated racial prejudice due to the child’s game-day outfit.
The dispute arises from an incident involving California residents Raul Armenta Jr. and Shannon, who filed the suit on behalf of their son, Holden, who attended an NFL game last November featuring the Kansas City Chiefs and the Las Vegas Raiders.
The lawsuit describes Holden, referred to as “H.A.”, as a proud Chiefs supporter who celebrates his Chumash-Indian heritage. At the game, he donned a Chiefs jersey along with face paint split between red and black colors, and he wore a Native American headdress. During the game, he was filmed briefly, showcasing his painted face during a television broadcast, and an Associated Press photographer captured an image reflecting both shades of his face paint.
However, a day following the game, Deadspin writer Carron Phillips published an article using a screenshot that displayed only the black-painted side of Holden’s face. The article alleged that the child was engaged in racially insensitive behavior.
The headline boldly proclaimed, “The NFL needs to speak out against the Kansas City Chiefs fan in Black face, Native headdress,” while a subheading raised questions of accountability for NFL Commissioner Roger Goodell. Phillips accused the boy of harboring animosity towards both Black and Native American people and implied that such attitudes were instilled by his parents.
The article gained significant traction after being posted on social media platform X, generating over 18,000 comments and sparking a “community note” that indicated the inaccuracies of the piece. Despite the backlash, Phillips continued to assert his point of view on social media, suggesting that the red face paint only exacerbated the situation.
Following the publication, the Armentas received a deluge of hostile messages, including death threats directed toward Holden. The family demanded a retraction and an apology from Deadspin. In response, the website published a modified version of the article that maintained the core accusations and still included Holden’s image. Eventually, the article was updated again, removing the image but altering the headline to focus on a call for bans on Native headdresses and face paint deemed culturally insensitive.
Deadspin expressed regret for any misunderstandings but did not issue a formal apology. Discontent with this response, the Armentas moved forward with their defamation suit.
Recently, Judge Sean Lugg dismissed Deadspin’s request to have the case thrown out, rejecting claims that the article expressed merely an opinion protected from defamation liabilities.
The judge noted that Deadspin used an image of a child to critique the NFL’s diversity initiatives, surpassing acceptable commentary and crossing into the realm of defamation. After reviewing the case, Lugg concluded that the statements made about Holden’s actions constituted provable falsehoods that could lead to liability.
Lugg also dismissed Deadspin’s assertion that the lawsuit should have been filed in California, where the Armentas reside, rather than Delaware, where G/O Media, Deadspin’s former parent company, is registered. Following the lawsuit’s filing, G/O Media sold Deadspin to Lineup Publishing, and the site’s staff was laid off.
Attorney Elizabeth Locke, representing the Armenta family, stated via email that Deadspin and Phillips have not shown any remorse for their actions. She expressed that the family is eager to take their case to trial and present their account to a jury.
A representative from G/O Media opted not to comment on the ongoing situation.
