In a drunken rant, LaBeouf, ripped into David Bernstein after he refused to serve him more alcohol.
Radar released an exclusive video of the incident, where an inebriated LaBeouf verbally accosted Bernstein, accusing him of not serving him more alcohol after he was already drunk.
Bernstein filed a lawsuit against LeBeouf, and the actor’s attorneys filed a response, urging a judge to throw the claims out.
“The complaint is not only completely frivolous in nature, but also provides a compelling example of the type of claims which California’s anti-SLAPP statute was enacted to prevent.”
Radar exclusively obtained Bernstein’s response to LaBeouf, where he claimed the actor’s “actions caused Mr. Bernstein to sustain harm to his occupation as a bartender, has incurred medical expenses, harm to his reputation, and shame/mortification/hurt feelings.”
In the documents, filed on October 5, 2017, Bernstein’s lawyer, Bruce Wernik, fired back at the actor’s claims.
“LeBoeuf compounded the damage one, by weaponizing his speech to maximize punishment upon plaintiff, for LeBoeuf is the essence of the petulant, entitled bully who could not get his way. Knowing there is no legal defense, LaBeouf's motion diverts from the issues at hand in order to once again demean and diminish Mr. Bernstein in order to toxically influence the court.”
LaBeouf’s attorneys previously wrote in their claim: “While Plaintiff’s feelings may have been hurt by being called a racist by Defendant, ‘there is no occasion for the law to intervene where someone’s feelings are hurt.’ Indeed, Plaintiff’s own admitted conduct in threatening to hit Defendant with a Grey Goose bottle was more outrageous than anything that Defendant is alleged to have done.”
Bernstein made a declaration in the court documents obtained by Radar, telling the court: “I have been, on a daily basis since the incident, exposed to significant embarrassment and ridicule as many customers who I didn't know recounted the incident to me, and newer customers or others I did not recognize accuse me of being a "racist bartender" to my face and others. This has been extremely distressing and embarrassing to me.”
His attorney argued that LaBeouf’s “racist” claim damaged his client.
“LaBeouf was aware that the bar crowd was predominantly African-American, and then played the race card, in an intended act of crowd agitation and incitement, Labeouf repeatedly accused Mr. Bernstein of being a racist, without any basis in fact, while at one stage turning to the bar crowd, yelling "Wake up this motherf***er is a racist."
Warnik asked the judge to allow the case to go forward for compensation for his client and called LaBeouf’s motion “frivolous.”
“This entire sordid event was videotaped and published for the world to see, compounding the damage to plaintiff,” Bernstein’s documents stated. “Defendant is not legally protected by virtue of later publication of his action or by his celebrity status.”
Warnik argued that LaBeouf’s drunken rant was detrimental to his client.
“This case at bar involves words of hate speech, and incitement in a private altercation, and a video that was disseminated worldwide. This is a private dispute at its very core, that spiraled out of control through no fault of Mr. Bernstein.”
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