The Ohio suit, (.pdf) which seeks untold damages, names JustMugshots.com, BustedMugshots.com, MugshotsOnline.com, findmugshots.com, Mugshots.com, and others. The latest accusations are already being met with stiff resistance on constitutional grounds.
“First of all, I think Scott has insurmountable problems with the First Amendment. The mugshots, as you may or may not know, are public record,” said Lance Winchester, a Texas attorney for BustedMugshots.com and MugshotsOnline.com, which charge under $100 to remove mugs from their sites.
One of the plaintiffs in the case is Phillip Kaplan, who was a freelance graphic artist charged in 2011 for failure to disperse from a party a few doors from his Toledo residence. His mug appeared on BustedMugshots and MugshotsOnline, the suit says. He refused to pay to take it down. He suspected the mugshots were hindering his employment opportunities.
Gene Policinski, a vice president of the First Amendment Center, suggests that the mugshot-removal industry is an incurable side effect of the First Amendment.
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