A St. Albert woman has won an injunction against several Edmonton strip clubs who have been ordered to stop using her image in their promotional materials.
The former Edmonton Oilers Octane cheerleading squad member is suing the businesses for $1.25 million for using an image of herself without her consent. The photo of her wearing shorts and a tank top were printed on tickets promoting adult entertainment.
On Nov. 4, Court of Queen’s Bench Justice June Ross ordered a numbered company and Lloyd White to refrain from using any photographs of St. Albert mother and social worker Laura Colwell.
The companies owned by White – DiamondS Gentlemen’s Club, Eden Exotic Entertainment, Shade Gentlemen’s Club and Ilovestrippers.com – are alleged to be using Colwell’s photo without permission to promote free entry to their adult entertainment venues.
In a statement of claim, filed with the Court of Queen’s Bench Oct. 26, Colwell states that the image, distributed “widely to the public” in the downtown areas surrounding Rogers Place, have caused her “extreme emotional and physical distress.”
She is seeking damages in the amount of $1.25 million.
“The defendant’s conduct amounts to high-handed, callous and egregious disregard of the plaintiff’s rights, her family, her employment and her position within the community,” reads the statement of claim.
Colwell worked as a member of the now defunct Octane cheerleader team from Sept. 2011 to Aug. 2012.
During this time she was involved in promoting the Edmonton Oilers hockey team and affiliated organizations, including the Edmonton Oiler Community Foundation.
The photo in question was taken as part of a fundraiser for the foundation. It was used in a charitable calendar.
In her statement of claim, Colwell alleges that the defendants “misappropriated her image and reputation for commercial gain.” She says the photo was edited to remove the Oilers logo and used on tickets to promote several adult entertainment venues owned by the defendant without her consent and, as far she knows, without the authorization of the Edmonton Oilers or the photographer.
The mother of three and registered social worker is concerned about her image and reputation. Colwell claims the use of her image gives the false impression that she is in some way involved, approves of or endorses the adult entertainment business or that she is employed by the defendant at one of the defendant’s venues, which she clarifies she is not.
“I have at no time been employed by an adult entertainment venue, promotionally or otherwise, nor have I at any time ever set foot in an adult entertainment venue,” reads a sworn affidavit.
The court documents describe strained relationships with family, friends and colleagues and fears her children might believe she is involved in the adult entertainment business.
Colwell is currently seeking treatment for major depression and anxiety and reports feelings of oppression, powerlessness and humiliation caused by the distancing of her family, friends and acquaintances.
She also reports suffering from headaches and nausea.
As a result of her emotional and physical distress, she has been unable to continue working as a social worker, the documents state.
Along with the injunction order refraining White and his company from using her image, which was granted Nov. 4, Colwell is also seeking an award of aggravated and/or punitive damages in the amount of $1 million and general damages of $250,000.
Statements of defence have not yet been filed. Statements of claim and statements of defence contain unproven allegations that have not yet been tested in court.
