Poor napping Yankees fan just can't catch a break. First, he was forced to sit through a boring sports game while obviously very tired. Then, some mean ESPN commenters ridiculed him for falling asleep during said boring sports game. And now, the Internet has unleashed fury upon him, all because he decided to sue a couple people.
Andrew Rector, 26, is suing Major League Baseball Advanced Media, ESPN New York, the New York Yankees, and ESPN announcers Dan Shulman and John Kruk for $10 million, after ESPN's cameras caught him napping during a Yankees game in April. Rector alleges that Shulman and Kruk ribbed him with an "avalanche of disparaging words," including "stupor, fatty, unintelligent, stupid." There's no evidence that those words were used in the broadcast; you can watch a video posted on the MLB's YouTube page below:
But if Rector thought Kruk and Schulman were being cruel, it's the Internet that's really got him roiled, presumably because he's never heard of the Internet before. According to the typo-ridden lawsuit:
Plaintiff alleges that MLB.com, juxtapositions of photos and text of two men kissing each other and caption "sleeping Yankee's Fan cares not for your rivalry talk" falsely implied that plaintiff engaged in that type of conduct described or portrayed by the picture. In light of all the surrounding circumstances
It's also worth noting the fine print on a Yankee ticket expressly stating that ticket bearers have consented to being photographed and/or recorded:
BY USING THE TICKET, THE BEARER AGREES THAT: (A) HE/SHE SHALL NOT TRANSMIT OR AID IN TRANSMITTING ANY INFORMATION ABOUT THE GAME TO WHICH THE TICKET GRANTS ADMISSION, INCLUDING, BUT NOT LIMITED TO, ANY ACCOUNT, DESCRIPTION, PICTURE, VIDEO, AUDIO, REPRODUCTION OR OTHER INFORMATION CONCERNING THE GAME (COLLECTIVELY, “GAME INFORMATION”); (B) THE YANKEES ARE THE EXCLUSIVE OWNER OF ALL COPYRIGHTS AND OTHER PROPRIETARY RIGHTS IN THE GAME AND GAME INFORMATION; AND (C) THE YANKEES, THE PARTICIPATING CLUB, MLB PROPERTIES, INC., MLB ENTERPRISES, INC. AND EACH OF THEIR RESPECTIVE AGENTS AND LICENSEES SHALL HAVE THE UNRESTRICTED RIGHT AND/OR LICENSE TO USE THE BEARER’S VOICE, IMAGE OR LIKENESS , INDIVIDUALLY OR AS PART OF A CROWD, SHOT WITH OR WITHOUT OTHER ATTENDEES OF THE GAME AND THAT SUCH BEARER’S VOICE, IMAGE OR LIKENESS MAY BE INCLUDED IN ANY FOOTAGE, PHOTOGRAPH, POSTER, ADVERTISEMENT OR RECORDING OF THE GAME.
Rector's reportedly going ahead with the suit. He's also getting mercilessly mocked by the public right now, so he'll probably sue Twitter soon.
— Skip LaCombe (@skiplacombe) July 11, 2014
If this guy is on twitter, I hope he's getting railed for being a large P http://t.co/HFxgJZpDqh
— TomCBlock®™ (@tomcblock) July 7, 2014
Andrew Rector is the tub-o-lard who fell asleep at the Yankees game and sued for $10mm. Oooops! I just got sued for $10mm by Andrew Rector!
— Richard R. Pettys Jr (@that_bk_dood) July 11, 2014