Borat's Bathroom Humor Sparks New Suit
Apparently, actually appearing in Borat is no longer a prerequisite for filing suit against the filmmakers.
Yet another lawsuit has been filed against the blockbuster comedy's producers, with the latest punitive damage-seeking party being a South Carolina man who claims he was "accosted" in a restaurant restroom by Sacha Baron Cohen's mustachioed alter ego.
The plaintiff—who, like the drunken, misogynistic frat brothers before him, chose to remain nameless in the court documents—claims he was "humiliated" when visiting a restaurant in October 2005 where the spoof Kazakh journalist was filing an undercover report.
According to the lawsuit, the man entered the bathroom at Ristorante Divino, an upscale Columbia, South Carolina, eatery where Cohen, in character as Borat, posed as a bathroom attendant and allegedly both stared at and commented on the man's genitals.
The owner of the establishment, Fulvio Valsecchi, allowed Borat & Co. to film in the restaurant after, he claims, he was told the crew was filming a documentary about South Carolina tourism. He maintains he was unaware that hidden cameras had been placed in the restrooms.
While footage of the incident was ultimately cut from the theatrical release, the clip eventually made its way to the masses via Comedy Central and later YouTube and Google Video.
So popular was the clip—YouTube has already pulled it—the man claims he is regularly recognized as having been victimized by the guerrilla British comic. (A clip currently making the rounds on Google Video never shows a clear shot of the man's face.) It's unclear whether the man signed a consent waiver for his unwitting star turn, though the lawsuit fails to mention any.
The offendee is suing both the restaurant and 20th Century Fox, seeking compensation, an injunction blocking filmmakers from including the footage on the film's DVD release and removal of the clip from Internet sites.
It's not the first suit the studio will attempt to swat down.
Earlier this week, a judge rejected a request by two University of South Carolina fraternity brothers to cut their scenes from the film or block the comedy's DVD release. The students, who claim they were coerced into drinking alcohol and encouraged to make racist and sexist remarks on film, are moving forward with a lawsuit seeking compensation for their "irreparably damaged" reputations.
A group of Romanian villagers who stood in for Borat's Kazakh neighbors has also filed a $30 million suit against the producers, claiming they were duped into participating in the film after being told they would be part of a documentary on poverty.
And although she hasn't filed suit (yet), the owner of an Alabaman etiquette training service who claims she was similarly misled into appearing in the film is seeking an investigation into the producer's tactics.
Nonetheless, the surge of suits hasn't hampered the film's box-office domination—or critical acclaim.
Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazahkstan has so far netted more than $120 million in the U.S. and more than $217 million worldwide, despite having been banned in several countries.
On the awards-show circuit, Borat has more than a few high fives coming his way. The film was recently named one of the top 10 Movies of the Year by the American Film Institute, Cohen was honored as Best Actor by the Los Angeles Film Critics Association and both the film and its star are expected to be among the top Golden Globe contenders when nominations are announced Thursday.
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