NEW ORLEANS (CN) – While he was “incapacitated” at a Bourbon Street burger joint, a customer claims in court, an employee rubbed his (the employee’s) genitals on his head and posted the video on YouTube, subjecting the whacked-out customer to “embarrassment, humiliation and ridicule” when the video went viral.
Garrison Stamp sued Brian Downing, The Krystal Co., and Big Easy Enterprises, in Orleans Parish Court.
Stamp says he was “incapacitated” at the Krystal Burger restaurant when “Brian Downing exposed his genitals and engaged in a number of lewd and lascivious acts that included touching the plaintiff with his genitals and simulating sex acts upon plaintiff while touching plaintiff with his exposed genitals.”
The complaint continues: “The acts committed by Downing have been widely described as ‘tea bagging.'”
Although not stated in the lawsuit, the incident allegedly happened the night Alabama beat Louisiana State University 21-0 in the BCS National Championship game in New Orleans.
The YouTube video shows Stamp passed out at a table, wearing a Louisiana State University jersey. His alleged assailants, including Downing, are all wearing Alabama colors.
Stamp claims: “The Krystal Burger employees knew or with reasonable diligence should have known that its patron, plaintiff, was incapacitated in its dining or food service area and that one or more other patrons including defendant were taunting and ridiculing plaintiff by placing food items on him and touching him, as well as engaging in an assault and battery upon the plaintiff,” but that they “failed to undertake any action” to stop it.
Stamp claims Downing is responsible for “committing an assault and battery upon the plaintiff” and “committing vile and disgusting acts upon the plaintiff.”
And, he says, Downing allowed the incident to be recorded, “such that the recordings were then published on the Internet.”
Although not stated in the lawsuit, Downing eventually was reported to New Orleans Police after his second cousin, Russell County Sheriff Heath Taylor, watched the video and recognized him. Taylor called Downing’s father and told him to bring Downing, 32, to the sheriff’s office, the New Orleans the Times-Picayune reported.
“It is a shock that it happened as an Alabama fan. It is a shocker that it is my family. It is out of character for Brian,” Taylor told the newspaper. “I would never in a million years have dreamed he would have done that, period.”
Downing was booked on one count of sexual battery and one count of obscenity, according to the Times-Picayune.
Stamp seeks damages for humiliation and embarrassment, including tuition reimbursement from having to drop out of school.
He is represented by Steven Lemoine of Baton Rouge.