Kootenai County jury rules in favor of drag performer in defamation suit

By Zach Hagadone
Reader Staff

Kootenai County-based right-wing blogger Summer Bushnell has been held accountable for a video she posted to her political site “The Bushnell Report” that defamed a drag performer in 2022.

A jury decided May 24 that Bushnell had defamed area drag performer Eric Posey (a.k.a. Mona Liza Million) when she posted a video featuring a portion of his performance at the June 2022 Pride in the Park event in Coeur d’Alene that had been edited to blur Posey’s pelvic area, suggesting that he had exposed himself in public — including to children.

Summer Bushnell. Image courtesy
of Facebook.

Upon further examination of the raw video from the event, it was clear that Posey had not exposed himself, and the jury awarded Posey $1.1 million — $926,000 in compensatory damages, as well as $250,000 for punitive damages related to the professional harm and emotional distress resulting from Bushnell’s multiple unfounded claims of indecent exposure against him.  

Posey filed the lawsuit in September 2022, and was represented by Boise-based Stoel Rives, with former-U.S. Attorney for the District of Idaho Wendy Olsen as one of his lawyers.

Bushnell was represented by Sandpoint-based attorney Colton Boyles, who previously worked with Davillier Law and had been involved with the initial drafting of a letter to the city of Sandpoint challenging the Festival at Sandpoint’s no-weapons policy, which evolved into a lengthy and expensive legal battle that ultimately resulted in the city’s victory.

For her part, Bushnell has insinuated herself into Bonner County politics on more than one occasion, posting content on her website critical of Bonner County Commissioners Luke Omodt and Steve Bradshaw, and even funded anti-Omodt attack ads during the most recent May primary election through her Awesome Sauce PAC. 

In the Posey case, the prosecution focused on Bushnell knowingly altering the video in order to support false claims of indecent exposure.

As early as the summer of 2022, the Coeur d’Alene prosecutor’s office declined to press charges against Posey for indecent exposure, writing in a news release that, “The unedited recordings did not depict any exposure of genitalia,” and, “The allegations of indecent exposure or other crimes cannot be supported by the evidence.”

According to media reports — which ranged from the Coeur d’Alene Press to The New York Times — Boyles described Bushnell’s statements to the jury as “close to the line” of defamation, but not enough to warrant conviction. The Press reported that Bushnell admitted under oath that she had never seen Posey’s “fully exposed genitals,” despite earlier claims to the contrary, while Boyles argued that it remained his client’s “honest belief” that Posey had indeed displayed his genitals in public.

Jurors didn’t agree with arguments from the defense at the end of the five-day trial, which concluded after about three and half hours of deliberation. Posey’s attorney Olsen said the verdict “demonstrates a clear message to this community that you have to be truthful,” according to the Press. 

Bushnell’s post — which relied on edited footage taken by Jeremy Lokken — came amid the nationwide outrage over the arrest of 31 white nationalist Patriot Front members who had gathered from around the country to violently disrupt the Coeur d’Alene Pride event, but whose plans were disrupted by a last-minute arrest. 

The publicity surrounding that event helped boost Bushnell’s notoriety, but also made Posey a widely known figure in the LGBTQ+ community. 

“The verdict and outcome were what we hoped for, and we deeply appreciate the jury’s dedication and careful consideration of the facts presented,” the North Idaho Pride Alliance stated in a news release. 

“In light of recent events, our commitment to ensuring the safety and well-being of the LGBTQ+ community in Northern Idaho is stronger than ever,” added NIPA, which organized the 2022 Pride in the Park event. “We will persist in our efforts to provide resources, education and advocacy, fostering a culture of acceptance and understanding.

“Together, with the support of our allies and the broader community, we will continue to stand against hate and work towards a future where everyone can live authentically and without fear.”