Photographer sues iconic Detroit gay bar over steamy photo used to promote military night
One of Detroit's oldest and most popular gay nightclubs got sued in federal court Tuesday over a steamy photo of a buff, bare-chested military-looking guy.
The California photographer who took the picture alleges that Menjos Entertainment Complex, the iconic gay bar in Detroit's Palmer Park where Madonna once cut a rug, unlawfully posted the photo on its Facebook page to promote a booze fest titled "Military Might Night" — complete with shot specials all night.
That's not the image the photographer wants his work associated with, the lawsuit states, alleging the use of the photo to promote a night of drinking may offend members of the armed forces.
"The advertisement created by the defendant not only exploits an American service uniform for liquor sales but also implies patriotism and a celebration of country," the lawsuit states.
In the copyright infringement lawsuit filed in U.S. District Court, photographer Michael Stokes alleges Menjos harmed his reputation as an internationally acclaimed artist who captures images of wounded veterans, and the male form. The picture at issue was taken June 26, 2013, of JR Bronson, a male model partially dressed with both arms clasped behind his back.
According to the lawsuit, the photo was registered with the U.S. Copyright Office in 2015, which makes it unlawful for anyone to use without permission.
But two years later, the lawsuit claims, Menjos posted the photo to its Facebook page as part of an ad for an event titled: "Military Might Night ... Shot ration specials all night! Get locked in the Brig. Military Attire Encouraged."
Another five years would pass before the photographer saw Menjos' Facebook post, which triggered the lawsuit alleging Menjos "knowingly" used a photo without permission to make money off a bar night.
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"(Menjos) has received a financial benefit directly attributable to the Infringement," the lawsuit states.
According to the lawsuit, since creating the Bronson image, Stokes went on to become world renowned for photographing American and British wounded veterans of war, and over time "became more selective about when and where he posts any image depicting or alluding to the armed services."
"(Stokes) also tempered the use of models partially nude in uniform — when photographing his veteran subjects," the lawsuit states, noting "photographing veterans in partial uniform is controversial and within the armed forces community is often frowned upon."
According to the lawsuit, the model in the photo at issue is not a veteran of war, and was photographed before Stokes became famous for photographing wounded war veterans.
"The general public familiar with the plaintiff’s work may assume that this image is a veteran of war, and that the (photographer) licensed the image to an entity that makes profit from liquor sales," the lawsuit states, adding this could be viewed as a "betrayal" by military members.
According to the lawsuit, the photo also ran on Menjos' Facebook page on the Fourth of July.
"Mr. Stokes is a very unique photographer," his lawyer, New York attorney Craig Sanders, said in a phone interview. "This is really more so about controlling the distribution of his images than anything else."
As of late Tuesday, the nightclub had not yet been served with the lawsuit. A man who answered the phone at Menjos said he had not heard of the lawsuit.
The lawsuit seeks an unspecified amount of damages.
Contact Tresa Baldas: tbaldas@freepress.com
This article originally appeared on Detroit Free Press: Menjos, Detroit's iconic gay bar, sued by photographer over photo
