Man Fights For Employee Adult Site-Viewing Rights

ELLWOOD CITY, Penn. — A Beaver County employee who was fired for accessing adult websites from his office has filed a federal lawsuit against the county, claiming that their policies on computer use and his eventual firing violated his First and 14th Amendment Rights.

Richard R. Thompson worked as an aging care manager at the Beaver County Area Agency on Aging, but was fired in November 2003 after his superiors discovered that Thompson had been visiting a swath of adult websites.

According to Thompson’s complaint, his firing, and the county’s computer use policy in general, violates the free speech and due process rights of all county employees.

Thompson is representing himself in the federal lawsuit and seeks to have his job returned to him, as well as retroactive pay, benefits, seniority and pension adjustments.

The former county employee also is seeking to bring the issue before the Pennsylvania Supreme Court with a second lawsuit brought in state court.

Thompson sought to appeal a State Civil Service Commission ruling that had upheld his firing in the state Commonwealth Court, but the court found that his firing was justified because the county had presented evidence that Thompson’s perusal of adult websites had been affecting his job.

“The Commission credited the Agency’s evidence that during the period from August 2002 through January 2003, Thompson devoted roughly 20 percent of each work day and almost 30 percent of his total work time online [to visiting adult websites,” the court ruled.

During the Commonwealth Court case, Thompson raised a variety of different issues, including the First and 14th Amendment concerns, but the court ruled that any issue not presented before the Commission could not be considered in the court’s decision.

The court said that Thompson only raised two issues that could be considered — that inappropriate Internet use was not specifically referenced in the county’s computer use policy, and that he was entitled to a presumption that his activities in a union partially played into his firing.

The court upheld the firing, but did say they punishment seemed odd.

“The court must observe that based on the nature and lack of severity of Thompson’s infraction, the disciple he received, termination of employment, seems disproportionately harsh,” the court ruled.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

AEBN Publishes Popular Seraches by Country for September, October

AEBN has released its list of popular searches from its straight and gay theaters in all 50 states and the District of Columbia.

Avery Jane Featured on 'Adult Time Podcast'

Avery Jane is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills.

FSC: Kansas Law Firm Threatens Adult Site Over Age Verification

The Free Speech Coalition (FSC) has been notified that Kansas law firm Mann Wyatt Tanksley has sent a letter threatening an adult website with a lawsuit for breaking the state's age verification law.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Trump Nominates Project 2025 Contributor, Section 230 Foe to Chair FCC

President-elect Donald Trump has nominated, as his pick to head the Federal Communications Commission, Brendan Carr — an author of Project 2025 who has called for gutting Section 230 protections.

Streamate's Elevate Partners With Miss Mei on Decriminalization Initiative

Streamate’s Elevate initiative is debuting a November collaboration with creator and community advocate Miss Mei that will highlight the modern criminalization of sex work.

Show More