James Dolan Wins Dismissal of Massage Therapist’s Sex Trafficking Lawsuit - Variety

[Gene Maddaus]

A federal judge has dismissed a sex trafficking lawsuit that was brought against Harvey Weinstein and James Dolan, finding insufficient evidence of a commercial exchange for sex.

Kellye Croft, a Tennessee massage therapist, filed the suit in January, alleging that Dolan pressured her into having sex with him during an Eagles tour in 2013. She also alleged that Dolan arranged for her to meet with Weinstein at the Peninsula Hotel in 2014, and that Weinstein sexually assaulted her.

During the L.A. leg of the Eagles tour, Croft was paid $700 per day in cash, plus $8,400, even though she did relatively little massage work, according to her lawsuit. She alleged that she was put up at a hotel to be “at Dolan’s beck and call for sexual favors,” even though she was “disgusted” by him.

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In his ruling, Judge Percy Anderson found that Croft’s allegations did not rise to the level of sex trafficking, as defined in federal law.

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“Plaintiff continues to rely on the speculative conclusion that she was paid those amounts because of her sexual relationship with Dolan and not because she was hired for the tour as a masseuse,” the judge wrote.

Croft also alleged that she was promised additional work on other tours, and feared losing out on those opportunities if she rejected Dolan. The judge likewise found that unconvincing as a basis for a sex trafficking claim.

The complaint “alleges multiple reasons and theories as to why Plaintiff continued her relationship with Dolan, including loneliness and possible romantic feelings, and fails to specifically link the timing of the alleged promises with the decision to engage in the alleged sexual conduct,” the judge wrote.

Dolan controls the New York Knicks and the Rangers, as well as venues including Madison Square Garden and the Sphere in Las Vegas. In a statement, Dolan’s spokesperson noted that Croft’s legal team, led by Douglas Wigdor, also represents Charles Oakley, who has been suing Dolan for years over being ejected from a Knicks game.

“We are very pleased with the dismissal of the lawsuit, which was a malicious attempt to assert horrific allegations by an attorney who subverts the legal system for personal gain,” the spokesperson said.

In a statement, Croft’s attorneys said they would appeal the judge’s ruling to the 9th Circuit.

“We respectfully disagree with the District Court’s decision, which we believe incorrectly interprets the federal sex trafficking law and undermines critically important protections for sex trafficking survivors,” said the attorneys, Kevin Mintzer and Meredith Firetog. “We will be appealing this decision and are confident that the Court of Appeals will correct this injustice.”

Weinstein was sued for sex trafficking after his sexual abuse scandal erupted in 2017. While it was seen as a novel application of the law, some plaintiffs had success arguing that his offers of career advancement in exchange for sex were tantamount to coerced prostitution.

The judge dismissed sexual battery and sexual assault claims against Dolan and Weinstein, finding that the federal court loses jurisdiction once the trafficking claim is dismissed. Those claims can still be pursued either in state court or in federal court if the appeal succeeds.

“We will also continue to pursue Ms. Croft’s sexual battery claims against James Dolan and Harvey Weinstein, which remain unaffected by the decision,” her attorneys said. “Our fight for Ms. Croft is just beginning.”