// :: PM CV 1 SHAWNA CLAUSEN, IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH 1 1 v. Plaintiff, BLACKOUT LEATHER PRODUCTIONS, INC., an Oregon Domestic Nonprofit Corporation, TOBIN E. BRITTON, KEVIN DOYLE, JUSTIN BRITTON, GARY M. KLEIN, BILL WESTERVELT, AND MARI STYLES Defendants. Case No. (Specific Performance; Injunction; Intentional Infliction of Emotional Distress; Breach of Fiduciary Duties) Prayer: $0,000 JURY TRIAL DEMANDED NOT SUBJECT TO MANDATORY ARBITRATION Plaintiff alleges: 1. At all material times, Plaintiff was a resident of Multnomah County.. Defendants BLACKOUT LEATHER PRODUCTIONS, INC. ( BLP) is an Oregon Domestic Nonprofit Corporation for the public benefit with its principal place of business in Portland, Oregon.. Tobin E. Britton, Kevin Doyle, Justin Britton, Gary M. Klein, Bill Westervelt, and Mari Styles are members of the Board of BLP for the purpose of setting policy and controlling or Page 1 0 S.W. Morrison St., Suite 00 Portland, Oregon - Fax: 0--00
1 1 overseeing the activities or functional responsibilities of the organization and are not compensated for their services.. Defendants operate under the Operations Manual of Blackout Leather Productions of Oregon, Inc., which sets forth board of directors qualifications and powers and responsibilities, membership, meetings, voting, titled positions, and awards.. In August, BLP bestowed upon Plaintiff the title of Ms. Oregon State Leather.. On September,, Plaintiff and Defendants signed the Blackout Leather Productions of Oregon, Inc. Titleholder Contract ( Contract ), attached as Exhibit 1.. The Contract requires Plaintiff to submit monthly titleholder s reports, to choose one primary charity for her fundraising, to produce one educational event, to produce one individual and one joint fundraising event during her title year, to sell advertisements for the annual contest program, and to attend the Imperial Sovereign Rose Court s Coronation, the Valentines from Hell annual fundraising show, the Back to Black event, Portland s annual Pride Parade, and the Oregon Leather Pride and Mr. & Ms. OSL & OSB contest. Attendance at these events as titleholder represents a benefit to Plaintiff under the Contract.. The final event the Mr. & Ms. OSL & OSB contest takes place in August, in which current titleholders participate as a judge for a contest, are named in the Program Book with a photograph, are provided access to the stage and microphone to deliver a step down speech, are named publicly by the emcee at the event, and participate in giving the title to the next titleholder.. Page 0 S.W. Morrison St., Suite 00 Portland, Oregon - Fax: 0--00
1 1 Plaintiff has performed all conditions precedent and fulfilled her responsibilities in the Contract. However, on May,, Defendants sent Plaintiff a letter stating that she was being stripped of her title. Defendants are attempting to prevent Plaintiff from participating as titleholder and hinder her performance of the remaining terms of the Contract.. Defendant Tobin Britton had a personal, romantic relationship with Plaintiff that interfered with his ability to act in good faith. Defendant Tobin Britton acted with hostility and anger toward Plaintiff after she ended their relationship. Defendant Tobin Britton participated in the decision and discussion of the Board resulting in stripping Plaintiff of her title in violation of her contract.. Defendants did not act in good faith nor did they follow conflict of interest protocols in voting to strip Plaintiff of her title in violation of the terms of the Contract. First Claim for Relief (Specific Performance) 1. Plaintiff re-alleges and incorporates herein paragraphs 1- above. 1. Plaintiff and Defendant BLP are bound by the terms of the Contract involving a unique subject matter.. Defendant BLP repudiated the Contract when it sent its May, letter attempting to strip Plaintiff of her title.. Plaintiff has performed or offered to perform her part of the Contract and she is ready, willing, and able to perform. Page 0 S.W. Morrison St., Suite 00 Portland, Oregon - Fax: 0--00
1 1. Plaintiff has no plain, speedy or adequate remedy at law.. Plaintiff requests the Court to order specific performance of the terms of the Contract. Second Claim for Relief (Injunction). Plaintiff re-alleges and incorporates herein paragraphs 1- above.. Plaintiff is entitled to an injunction preventing Defendants from acting to deprive Plaintiff of her rights and benefits under the contract.. Plaintiff will be irreparably harmed if the injunction is not issued because Plaintiff will not be able to attend the August event as a titleholder as outlined in her contract.. Plaintiff has no plain, speedy or adequate remedy at law.. The threatened substantial harm to the Plaintiff outweighs any harm to Defendants. Granting the injunction will not contravene a substantial public interest. Third Claim for Relief (Intentional Infliction of Emotional Distress). Plaintiff re-alleges and incorporates herein paragraphs 1- above.. By their actions, Defendants intentionally caused Plaintiff severe emotional Page 0 S.W. Morrison St., Suite 00 Portland, Oregon - Fax: 0--00
1 1 distress or knew with substantial certainty that their conduct could lead to such distress.. Defendants conduct was outrageous and beyond the bounds of socially tolerable behavior.. Defendants conduct caused Plaintiff severe emotional distress.. As a result of Defendant s actions, Plaintiff has suffered pain, emotional distress, mental anguish, embarrassment and loss of self-esteem and dignity. As damages, Plaintiff should be awarded $0,000. Fourth Claim for Relief (Breach of Fiduciary Duties). Plaintiff re-alleges and incorporates herein paragraphs 1- above. 0. Tobin E. Britton, Kevin Doyle, Justin Britton, Gary M. Klein, Bill Westervelt, and Mari Styles ( Individual Defendants ) are qualified directors under ORS. 1. By their actions, Individual Defendants failed to following voting procedures for conflicts of interests as outlined in ORS.1.. Individual Defendants actions constitute gross negligence and intentional misconduct under ORS... As a result of Defendants actions, Plaintiff has wrongfully been stripped of her title and precluded from performing the terms of the Contract. Page 0 S.W. Morrison St., Suite 00 Portland, Oregon - Fax: 0--00
. As a result of defendant s actions, Plaintiff has suffered pain, emotional distress, mental anguish, embarrassment and loss of self-esteem and dignity. As damages, Plaintiff should be awarded $0,000. 1 1 WHEREFORE, Plaintiff prays for a judgment of this court as follows: 1. A temporary restraining order and preliminary injunction preventing Defendants from a. asserting that Plaintiff is not the - Ms. Oregon State Leather titleholder, and b. hindering Plaintiff s performance of the terms of the Contract.. An order specifically enforcing the agreement and requiring Defendants to perform the terms of the Contract.. For noneconomic damages against Defendants, jointly and severally, in an amount no less than $0,000.. Granting such other relief as may be just and equitable.. Costs incurred herein. DATED: June, /s/ Talia Y. Stoessel Talia Y. Stoessel, OSB No. Attorneys for Plaintiff. Phone: (0) -00 Fax: (0) -00 e-mail: stoesselt@bennetthartman.com Page 0 S.W. Morrison St., Suite 00 Portland, Oregon - Fax: 0--00
Blaclmut Leather Productions of Oregon, Inc. Titleholder Contract Blackout Leather Productions of Oregon, Inc. (hereafter Blackout Leather or BLP), is incorporated in the State of Oregon and shall control the following titles; Mr. & Ms. Oregon State Leather and Oregon State Bootblack (hereafter OSL and OSB, or collectively, Titleholders). TITLEHOLDER'S BOARD DUTIES: Mr, & Ms, OSL/OSB are each required to submit to the Board of Blackout Leather a monthly titleholder's report. This shall include the previous month's activities & events relevant to the title and upcoming activities and activities relevant to the title. Mr. & Ms, OSL/OSB are strongly encouraged to attend Blackout Leather's monthly board meetings. Mr, & Ms. OSLlOSB shall conduct themselves at all times in a manner befitting the Leather Community. TITLEHOLDER'S FUNDRAISING DUTIES: Mr. & Ms, OSL/OSB are each required to choose one primary charity for their fundraising during their title year. The Titleholders should contact and maintain a working relationship with their charity. The charity must be an IRS approved 01(c), as well as get BLP Board approval Mr, & Ms, OSLlOSB are each required to produce one educational event. Mr, & Ms, OSL/OSB are required to produce one individual and one joint fundraising event during his/her title year, with net proceeds, minus %, going to title-holder's charity of choice, M r. & Ms. OSLlOSB shall be responsible to sell advertisements for the annual Contest Program, TITLEHOLDER'S REOUIRED APPEARANCES: Mr. & Ms, OSL/OSB ;{1J)e required to make appearances at the following community events: Imperial Sovereign Rose Court's Coronation (October th, ) The "Valentines from Hell" annual fundraising show (February ) Back To Black (TBD ) Portland's annual Pride Parade -you are required to march with BLP (June ) OR Leather Pride and Mr, & Ms, OSL & OSB contest - (August ) There are many other worthy events in Portland, in the Northwest and beyond. You are encouraged to attend as many as you are able, however all other appearances are by your choice, THE BOARD OF BLACKOUT LEATHER PRODUCTIONS SHALL: Maintain a consistent line of communication with each titleholder. Provide necessary support to each titleholder. Return decisions regarding fundraisers and all financial approvals in a timely manner. ARTICLE ill of Blackout Leather Productions Bylaws This Corporation shall be organized and operated exclusively for social welfare, civic and charitable purposes, Subject to the limitations stated in the Articles ofincorporation, the purpose of this corporation shall be to engage in any lawful activities, none of which are for profit, for which corporation may be organized under Chapter of the Oregon Revised Statutes (or its corresponding future provisions) and Section 0J(C)() of the Internal Revenue Code of (or its corresponding future provisions), The Corporation's primary purpose shall be to promote the welfare, health and education of the gay and lesbian LeatherlSMIFetish community and to eliminate prejudice against that community, Complaint Exhibit 1 Page 1 of
The titleholders listed below, affirm that they have read Article III ofblp's bylaws, and agree to adhere to the primary purpose. By signing this contract, the titleholder agrees fully and voluntarily and under no threat, coercion, or duress, to comply fully with all the terms hereof The titleholder also understands that as the reigning titleholder, if they should fail to fulfill their responsibilities as stated in this contract, or if their conduct seriously damages BLP, they shall be subject to removal by a majority vote of the BLP Board of Directors. /}-=='O.-'-I.A!~"-'P--"''''''tC!.L~'=--''~===,-, Stage Name: _~--'-(L\LGL'wJ\f\1.", '"",,~~ -, Signature & Title: --l'ltv 'ill~ij..l E~fQ;;~!':LI------------ Date 0 \f Legal name (pl';-e p~in BLP President: _~_ "j-<=l",-l-_~'p:;=--f~= Date: --d'--' r/,!).'f''''' ~'-l,/~',- Ii't.I-- BLP Vice President: _t;;;~~;z:~~~::~~~~=-;---=======-- Date: _ /;!;t,/;li ------- ;::::--- ) /.., I ",~j?-'? BLP Secretary: -~~1l?li=;"'.-G~=:;~;::==;::::~f,:, ~:::::==~---------_ D ate: L.:f(Y{'{~ OV/c;I-'-{ ' j BLP Treasurer: Date: 'j / -a1 t 1'-1 ~~~~~~~~~~~--------------- I Complaint Exhibit 1 Page of