Idaho Supreme Court Upholds $1.1M Libel Award Over Drag Show Claims

The Idaho Supreme Court upheld a $1.1 million libel verdict against a woman who falsely accused a drag performer of exposing his genitals during a performance in Coeur d'Alene's City Park. The performer, Posey, sued after Bushnell posted social media videos claiming he had "flashed his genitalia" and uploaded an edited clip with his crotch blurred, alleging it covered "fully exposed genitals." A jury awarded Posey $926,000 in compensatory damages and $250,000 in punitive damages.

On appeal, Bushnell, who represented herself, raised numerous issues, but the court declined to address most of them. The opinion noted that of 22 quotations she attributed to caselaw, statutes, and court rules, only six were accurate. Her briefing also cited nonexistent cases and misrepresented the record, including falsely claiming the trial court rejected an instruction it actually adopted. The court said such arguments cannot establish reversible error.

The court did reach one substantive issue: whether Posey was a limited-purpose public figure, which would have raised his burden of proof. Even assuming the trial court erred on that point, the court said the error was harmless because the jury was instructed that punitive damages required a finding of actual malice—knowledge of falsity or reckless disregard for the truth—and the jury returned that finding. The verdict stands.