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Miley Cyrus Wins Round One In Eyes-Slanting Photo Scandal
June 5, 2009 6:42 a.m. EST
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Anne Lu - Celebrity News Service News Writer
Los Angeles, CA (CNS) - Miley Cyrus is off the hook. An L.A. judge doubts that the class action lawsuit brought against the tween star for allegedly being insensitive to the Asian Pacific Islanders will flourish.
The 16-year-old Disney star was sued by Lucie Kim on behalf of thousands other Asians when a photo of her with boyfriend Justin Gaston and other friends leaked onto the Web. They were all pulling their eyes in a slanted position, apparently to mimic Asian eyes.
Kim said in her lawsuit that she and other Asian descents had been seriously damaged by Cyrus' alleged racist photo. She was asking $4 billion for her and the others.
Judge Robert Hess doubted that Kim and the others can milk $4 billion from the singer/actress, saying that Cyrus' picture was private that was leaked onto the Internet.
Nevertheless, he gave the plaintiff's camp 10 days to file a motion showing Cyrus falls under the Unruh Civil Rights Act of California, which outlaws discrimination based on sex, race, religion, national origins, etc. that applies to businesses.
Judge Hess was quoted by Radar Online as telling Kim's attorney on Thursday, "I'm giving you one more chance to prove that Miley Cyrus is a business establishment. I have grave doubts that you will be able to prove that she is."
"Here she is with a bunch of kids in a private situation, and it gets posted on the Internet. I'm not persuaded that she is a business establishment that falls under the Unruh Act."
"Conduct that for a variety of reasons that is immature, childish, and some people may consider it grossly offensive."
"This doesn't address the problem that she is a minor, there are major problems with class, I don't see how you could get class certification."
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