MONROE, N.C. — A group of Monroe residents are suing East Frank Superette and Kitchen for allegedly using their photos and altering them by placing advertising over them.
WCNC Charlotte has been following this controversy for a year. East Frank restaurant often holds drag shows during brunch. Some community members protested the shows and said children should not be allowed to attend. Many called on city leaders to shut down the performances all together. The restaurant argued it's the guardians' choice whether they bring a minor to the shows.
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It's been a year of back and forth, but now, the colorful drag shows have been met with the black-and-white text of a lawsuit. The suit claims the restaurant engaged in false advertising.
The attorney representing the plaintiffs Jason Sneed said the lawsuit claims East Frank used photos from people protesting the drag shows and then the altered the images.
“This is conduct that’s been going on for many many months," Sneed said. “The restaurant has been taking their photos and manipulating them to create the false impression online that the citizens are supportive of them online.”
Michelle Ball is one of the women suing the restaurant because she was featured in some of the changed photos. She said she wants the drag shows to stop all together and hopes this lawsuit will ensure that.
"Ultimately, I’d like to see children protected," Ball said.
The owner and operator of East Frank Superette and Kitchen Carley Englander released the following statement to WCNC Charlotte in response to the lawsuit: "We at East Frank believe this lawsuit to be politically motivated but unfortunately we are unable to discuss this any further at this time. Thank you for your interest and giving us the opportunity to speak on this."
When it comes to the allegations, Gary Mauney, an attorney not affiliated with the suit, said what East Frank did is not legal.
"You have to have their consent before you do that," Mauney explained.
He said the image altering violated the Federal Lanham Act, which protects people from false advertising. He gave an example that's a little easier to understand.
"If you took a photograph off the internet with LeBron James holding a sign, and you change the sign to my law firm’s name, and it says, 'Come see Gary at the law firm' with LeBron's likeness, no one would have much of a question," Mauney said.
Contact Austin Walker at awalker@wcnc.com and follow him on Facebook, X and Instagram.
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