The St. Louis couple who was captured in a viral photo this summer aiming guns at Black Lives Matter protesters have filed a lawsuit against the news photographer.
Mark and Patricia McCloskey, married lawyers, filed a suit Friday against United Press International, photographer Bill Greenblatt, and Redbubble, an online platform where people can purchase artwork uploaded by other accounts. According to Insider, the McCloskeys are seeking damages as they say Greenblatt trespassed on their property to snap pictures of the incident. They're requesting the court transfer ownership of the photo to them. The couple have accused UPI, Greenblatt, and Redbubble of profiting off of "t-shirts, masks, and other items, and licensing use of photographs bearing Plaintiffs' likenesses, without obtaining Plaintiffs' consent."
The lawsuit argues that items available on the Redbubble platform include their image in "mocking and pejorative taglines or captions."
Redbubble declined to respond to the suit due to its pending legal litigation. Greenblatt directed any questions to his employer UPI, who also declined to comment.
According to the ACLU, newspaper photographers are allowed to snap pictures in public areas, but the McCloskeys allege that Greenblatt entered a private area of their neighborhood to capture the photo.
"In the time since the trespassers' entrance onto plaintiffs' private property, plaintiffs have obtained significant national recognition and infamy, and as a result, have suffered damages," the McCloskeys said in the lawsuit.
On Sunday, Mark tweeted about the legal endeavor and made a cryptic reference to an unconfirmed "attempted election theft” claim.
“Our little problem is insignificant in light of the attempted election theft, but we have brought suit against the UPI photog who stole our pictures, and Redbubble which is raking in the bucks selling our pictures on T shirts, etc., without permission!” he wrote.
Our little problem is insignificant in light of the attempted election theft, but we have brought suit against the UPI photog who stole our pictures, and Redbubble which is raking in the bucks selling our pictures on T shirts, etc., without permission!
— Mark T. McCloskey (@Mark__McCloskey) November 8, 2020
In an ironic turn, UPI considered issuing a cease-and-desist letter against the McCloskeys last month when they left an autographed copy of the photo for an employee at a pancake restaurant, according to The St. Louis Dispatch. Representatives from the news service accused the couple of using the picture in greeting cards.
The attorney for the McCloskey's claims the couple receives a lot of autograph requests. So…they have their own postcards. @kmov
https://t.co/hE9nv6vEL3— Chris Nagus (@ChrisNagusKMOV) October 13, 2020
But the couple is convinced that they should have ownership over how the photo is being used.
On Oct. 27, Mark criticized UPI for coming forward with its conversations about a cease-and-desist letter.
So after trespassing into my neighborhood, stealing our photos, publishing it all over the world, subjecting us to endless memes, now the UPI thinks we should be the only people in the world that can't use the photo!!! https://t.co/95ekJFEMem
— Mark T. McCloskey (@Mark__McCloskey) October 27, 2020
According to Law and Crime, the McCloskeys are still battling a criminal case in Missouri for pointing firearms at the protesters.
St. Louis Circuit Attorney Kimberly M. Gardner announced that her office filed the charges and referred to the protesters as peaceful and unarmed in July.
“It is illegal to wave weapons in a threatening manner at those participating in nonviolent protest, and while we are fortunate this situation did not escalate into deadly force, this type of conduct is unacceptable in St. Louis,” Gardner wrote in a statement posted to Twitter.
2/ It is illegal to wave weapons in a threatening manner at those participating in nonviolent protest, and while we are fortunate this situation did not escalate into deadly force, this type of conduct is unacceptable in St. Louis.
— Circuit Attorney (@stlcao) July 20, 2020
Joel Schwartz, the couple’s attorney, contends that Patricia’s gun wasn’t functioning during the protest. The couple has repeatedly said their actions were in self-defense, and that protesters were trespassing. The lawyer cited “Missouri law and the Castle Doctrine,” which permits force against intruders, as the reason why the McCloskeys were within the bounds of their rights.