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

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More