Michael Papo/ZUMAPress.comA key figure in Rob Lowe's Nannygate is claiming the Bill of Rights trumps those of the erstwhile West Winger.
Per court records obtained by E! News, a lawyer for one of the two former nannies engaged in dueling lawsuits with the actor and wife Sheryl is seeking to have the Lowes' case against her client dismissed on the grounds that the suit supposedly infringes on her inalienable right to air her dirty laundry.
In court papers filed in Los Angeles Superior Court Monday, attorney Gloria Allred and client Laura Boyce claim that the Lowes' complaint, in which they assert the former nanny broke her signed confidentiality agreement by filing suit against them and in the process make rather public her grievances, infringed on her right to free speech.
"I specifically told Rob Lowe that he was affecting my job and that I would quit again if he did not stop coming on to me," Boyce says in the declaration. "I recall that I was crying when I told him this. He said, 'Sorry sweetie. I had no idea.'
"Sheryl Lowe would laugh when I opposed her sexually inappropriate behavior and would tease me for not wanting to be around her when she was naked," Boyce continues in the court filing. "In fact, she would make fun of me for getting so uncomfortable."
Boyce further alleges in her filing that she was only targeted by the famous couple as one of three former employees facing legal action because the Lowes worried she would be able to corroborate allegations of sexually inappropriate workplace behavior set out in a lawsuit filed by Enraged Litigious Nanny No. 2, Jessica Gibson.
For their part, the Lowes are once again fighting fire with fire (or countersuit with countersuit), claiming it's Boyce's suit against them that's doing the infringing against their First Amendment rights.
"The litigation privilege provides an absolute defense to Boyce's abuse of process claim," the papers filed by the Lowes state. "Boyce's claim is based on conduct that is absolutely privileged, i.e., filing a lawsuit against Boyce."
In her motion to dismiss the Lowe's suit, Boyce reiterates some of her most damning claims to date, once again entering into the public record the racially charged slur she claims sparked her decision to quit.
In addition to the inappropriate comment, Boyce claims Sheryl Lowe engaged in "sexually offensive and hostile conduct," including walking around naked in front of Boyce during her time in the couple's employ and that the Lowes failed to pay her the appropriate rate for overtime.
Hearings on the various pending motions in the mess of a case are set for July 28 and Sept. 23.