05/06/03
Associated Press
WEST PALM BEACH, Fla. - A two-time former Miss Vermont has filed suit against the operator of a Web site, alleging the man is commercially exploiting her name by disclosing "embarrassing private facts" about their relationship.
Katy Johnson, 24, of Delray Beach filed the suit in Palm Beach County Circuit Court on Monday. The suit alleges that Tucker Max, 27, of Chicago uses Johnson's "name, portrait, photograph and other likeness to promote his Web site, books, merchandise and career as an authority on 'picking up' women."
Johnson, who promoted sexual abstinence as a teenager, is asking that "The Miss Vermont Story" be banned from appearing on Max's Web site.
"You cannot use someone's name and likeness in the state of Florida for a commercial purpose without their consent," said Johnson's attorney, Michael Santucci of Fort Lauderdale. He said Johnson did not given Max permission to use her name or likeness.
Max, whose Web site was recently profiled on an MTV reality show, could not be reached for comment.
The suit also alleges Johnson suffered a "harmful and offensive bodily contact" from Max in August 2001 in front of Max's Grille, a Boca Raton restaurant owned by Max's family.
Max's Web site contains a section that talks about an alleged relationship he had with Johnson after they met at a Boca Raton gym, and does detail a visit to the restaurant.
Johnson was crowned Miss Vermont in 1999 and Miss Vermont USA in 2001. She entered those pageants because she was attending college in Vermont.
Santucci said he has asked the lawsuit be sealed to protect his client's privacy.