Kevin Costner‘s attempt to dismiss a sexual harassment lawsuit related to an unscripted scene in “Horizon 2” has been denied by the court. The case, brought by stunt performer Devyn LaBella, centers around allegations of an unexpected and unsupervised scene that violated industry guidelines. As the legal proceedings continue, the implications for both parties are significant, highlighting intricate legal and ethical issues within film production.
Details of the Allegations
Devyn LaBella filed the lawsuit in May, accusing Kevin Costner and the production team of forcing her into an unscripted scene without prior notice or an intimacy coordinator, violating SAG-AFTRA rules. LaBella contends that the incident left her traumatized, as she was directed to partake in a scene with physical actions that were unexpected and distressing.
Kevin Costner and his legal team, led by Marty Singer, attempted to dismiss the lawsuit using California’s anti-SLAPP statute, which aims to protect free speech by curbing frivolous litigation. However, Judge Jon Takasugi ruled against this motion, determining that the allegations presented are substantial enough to continue with legal proceedings.
The Legal Battle
LaBella’s attorney, Kate McFarlane, praised the decision, asserting that creative processes should not permit misuse of power. McFarlane emphasized the commitment to pursuing the case despite potential defensive maneuvers from the defendants. According to LaBella, the unscripted scene was demanded after actress Ella Hunt, whom she was doubling for, refused to participate. LaBella described the experience as both humiliating and alarming.
Costner has refuted the claims, describing them as baseless and aimed at tarnishing his reputation for financial gain. His team provided statements from several individuals involved in the production who contested LaBella’s portrayal of the scene.
Judge’s Ruling and Its Implications
While acknowledging film as a form of First Amendment-protected speech, Judge Takasugi found that the requirements to dismiss under the anti-SLAPP statute were not met. He expressed reservations about the scene’s intended portrayal but recognized the film as an expressive work. Nonetheless, he denied the motion given the credibility of LaBella’s claims.
The judge did dismiss one of the 10 allegations, an alleged Bane Act violation, which lacked evidence of a threat of physical violence. This decision narrows the scope of the lawsuit but allows LaBella’s main sexual harassment claims to proceed.
As the case moves forward, it underlines the ongoing challenges in balancing artistic expression with the responsibility to maintain professional and ethical standards in filmmaking.
