SJC Upholds Dismissal Of Somerville Mayor's Barstool Sports Suit

SOMERVILLE, MA — The Supreme Judicial Court has upheld the dismissal of a lawsuit filed against Barstool Sports and former WEEI host Kirk Minihane by Somerville Mayor Joseph Curtatone.

Curtatone filed the suit in Middlesex Superior Court in June 2019 after Minihane conducted a phone interview with the mayor pretending to be The Boston Globe's Kevin Cullen. Barstool Sports later posted the interview on its website.

Curtatone claimed the interview was a "clear violation of Massachusetts General Law, which forbids audio recording a person without his/her consent, and you can't obtain that consent through fraudulent means."

But a Middlesex Superior Court judge disagreed, dismissing the case in January 2020 on the grounds that Curtatone likely knew he was being recorded, regardless of who was on the other end of the phone.

The mayor appealed the decision, and the case was transferred to the Supreme Judicial Court from the Appeals Court. The SJC concurred with the initial ruling.

"Because Minihane did not secretly record his conversation with the plaintiff, the challenged recording does not fall within the statutory definition of an 'interception' within the meaning of the Commonwealth's wiretap act. The plaintiff thus has not made factual assertions

sufficient to state a cause of action upon which relief can be granted," according to the decision.

The lawsuit was the culmination of a feud between Curtatone and Barstool Sports, which began when the Boston Bruins put the Barstool logo on rally towels handed out at TD Garden during Game 2 of the 2019 Stanley Cup Final.

Boston Herald columnist Jessica Heslam criticized the team for its partnership, writing, "The NFL saw fit to kick Portnoy out of the Super Bowl. The Bruins should know better. And they can do better."

Curtatone shared the story, tweeting in part, "As a fairly rabid sports fan one of the more regrettable things I've seen is the attempt to disguise misogyny, racism & general right wing lunacy under a 'sports' heading."

The charges of misogyny and racism, which have dogged Barstool for years, caught Barstool Sports founder Dave Portnoy's eye. Portnoy published a blog in which he wrote Curtatone "appears to be a legitimate criminal." The piece included screenshots and links to stories about allegations involving Curtatone and members of his family.

Portnoy challenged Curtatone to a debate, prompting the mayor to call Barstool and its fans a "cult."

Barstool Sports was founded in Milton in 2003. It started as a free newspaper offering gambling advertisements and fantasy sports projections and later expanding to include sports analysis and pop culture news. The company, now owned by The Chernin Group, runs a media conglomerate that includes podcasts and other streaming services.

The brand is no stranger to controversy. Portnoy frequently hits back against critics by citing Barstool's history of fundraising for first responders, military members and victims of attacks like the Boston Marathon bombing and Pulse nightclub shooting.