First Judicial Circuit Judge J. Scott Duncan has denied a lawsuit dismissal request by Chris D. Smith, owner of Gulf Coast Gun & Outdoors in Milton, who is being sued for using Sam Parker’s likeness without consent in sales promotions.
Judge Duncan, in his June 25 ruling, noted Florida law prohibits a person from using another person’s photograph without consent for any advertising purpose.
For years Smith has been using a cardboard cutout of Parker for sales promotions. One example submitted in court documents shows the cutout and states, “You don’t have to be a sleazeball politician to get early Black Friday deals at GCG!”
During one video, shared on Gulf Coast Gun & Outdoors’ Facebook page, Smith stood next to the cardboard cutout and mocked Parker for crying after sustaining gunfire in the line of duty. Parker, a former Escambia County Sheriff’s Office deputy, was hit in the chest when responding to an October 29, 2010 domestic dispute which also left Deputies Jeremy Cassady and Chad Brown injured. In April 2011, all three deputies were awarded a Purple Heart and the ECSO Medal of Valor.
“Ok, I get it. You got a Purple Heart. But the story I heard, and correct me if I’m wrong, is that you ran in without permission, got shot, cried in the corner like a little b**** while your partner needed help,” Smith said in the video.
Watch the video:
Parker, who is also a licensed firearms dealer, filed the lawsuit against Smith in December 2023, asserting Smith’s illegal use of his likeness on social media has been “uniformly derogatory.”
“In this case, the Court finds that the Plantiff has sufficiently stated casues of action for a violation of Section 540.08..,” stated Judge Duncan’s ruling.
The case will continue moving forward in the litigation process.
