The lawyer for a former cast member of the “Real Housewives of New York” argued before a federal judge on Thursday that the First Amendment cannot shield the show’s creators from a lawsuit claiming the participants were subjected to a “rotted workplace culture.”
Attorney Sarah Matz insisted that the lawsuit, initiated by Leah McSweeney earlier this year, should proceed to the discovery phase where evidence can be collected for trial.
Adam Levin, the lawyer representing defendants, including entertainer Andy Cohen and the Bravo channel, countered that the allegations in the lawsuit were protected by the First Amendment and urged the judge to dismiss the case at this stage, where allegations are assumed to be true.
The judge did not make an immediate ruling on the lawsuit’s future, which seeks unspecified damages for mental, emotional, and physical pain, along with impairment of life’s joys and lost future earnings.
Filed in Manhattan federal court, the lawsuit alleges that McSweeney, who is battling alcoholism, was coerced into drinking on the show and faced retaliation when she opted for sobriety or was denied reasonable accommodations to support her.
Furthermore, the defendants are accused of employing “psychological warfare intentionally weaponized to break Ms. McSweeney’s psyche,” particularly through intimidation and threats to cut her pay or terminate her if she visited her dying grandmother during filming.
“They knew she was trying to be sober,” Matz emphasized to the judge. “The show is not called the ‘Drunk Housewives of New York City.’”
The judge, who admitted he had never seen the show, engaged in extensive questioning of both sides and seemed inclined, at the very least, to strike some of the on-camera event allegations from the lawsuit.
Levin argued that the entire lawsuit should be dismissed, warning that a ruling favoring McSweeney’s claims could jeopardize the production of some television and Broadway shows if the First Amendment did not shield show producers.
He contended that, particularly in reality television, the cast member is integral to the show’s message, making it impossible to separate the person from the speech.
The judge challenged this notion, questioning the extent to which a director could induce certain behaviors for the show, such as denying sleep or imposing physical assault prior to filming.
Levin acknowledged that First Amendment protections for show creators do have limits, but argued that these are narrowly defined. He maintained that McSweeney’s lawsuit did not fall within exceptions like criminal felony offenses during production.