At least three people have claimed that All Time Low sexually harassed or assaulted their teenage fans in recent social media posts, and the band’s four founding members have filed a libel lawsuit against them.
Even after the Maryland-based band issued an emphatic denial of the online allegations in an October all-caps statement, this bold move raises the stakes in their legal battle.
An online accuser’s identity is unknown to Rolling Stone, so the band has no choice but to use the civil court system to identify the culprits, prove that the defamatory statements are false, and seek justice,” according to a complaint obtained by Rolling Stone.
A nine-page complaint filed in Los Angeles County Superior Court states that the lawsuit’s goal is to “establish the unambiguous truth and quash these malicious lies so that they will not be repeated in the future,” according to the complaint.
Cast Members of All Time Low
This includes “using discovery including subpoenas” to find out who “defamed” the band members, who include lead guitarist Jack Barakat, singer Alex Gaskarth, bassist Zack Merrick, and drummer Rian Dawson.
“Unfortunately, this is the only option left to properly restore their reputations and repair the damage to their business. According to the lawsuit, “[The band] will then donate any proceeds derived from this litigation to charities that support victims of sexual abuse,” the lawsuit states.
In October, news of the band’s alleged wrongdoing went viral. TikTok user @mini.grew posted a cryptic message claiming “a famous pop-punk band” offered her beer on a tour bus and asked for her bra “for their nasty collection” when she was 13 years old. The lawsuit claims the woman didn’t explicitly identify All Time Low by name, but “gave easily solved clues” which “concluded the group was All Time Low.”
By way of the complaint, an individual named @spidahkii appeared on Twitter to deny Doe 1’s claims. “Doe 1’s claims never happened,” she claimed after sharing a photo purporting to show the two at the concert with Doe 1. The lawsuit claims Doe 1 then admitted she posted her statements “to be petty towards a peer” and made her video private. As a result, she has been posting under an entirely new identity.
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Later, an additional accuser, going by the handle @ATLstatement, posted a lengthy statement on Twitter and TikTok alleging Barakat had abused her sexually while she was 15 and he was 22 in 2011. She alleged that the inappropriate relationship continued for years as she accompanied the band on subsequent tour dates.
What Doe 2 posted?
Doe 2, who is referred to in the lawsuit as “Doe 2,” “maliciously” posted the “elaborate and completely fabricated story,” the band claims in a new filing. However, as of Thursday morning, Doe 2’s TikTok post had not yet been removed, despite the fact that her Twitter account had been suspended.
In a tweet on Oct. 24, a user with the handle @dietsodasage claimed to have counted 97 accusations against the band. What can I tell you? 97 people aren’t going to do it for you. I don’t know what else to tell you.”
The lawsuit says Doe 3 falsely claimed that “97 allegations” were made against the band without any evidence, which “spread like wildfire” online.
“I feel kind of weird about how people took my tweet about the atl situation:/ I didn’t mean for things to go like that so I’m probably going to stay private for a few days,” @dietsodasage wrote in a post attributed to the account, which has since been deleted.
Anonymous claims made on TikTok and Twitter by members of All Time Low were called “absolutely and unequivocally false” in a statement released online on October 25.
As these allegations are taken very seriously, we are looking into the source of them and will seek legal recourse if necessary. In light of this, we would like to reaffirm our commitment to supporting victims and highlighting their stories. “However, we cannot and will not amplify or fuel lies that only cloud and distort the true stories of those who need to be heard and represented,” they wrote.
Fans’ outrage, questions, and counterattacks were stoked by the band’s denial and three posts. Samantha Garcia tweeted a picture of herself and Barakat took when she was 14 and he was 21 years old. As she requested a signature on her chest, the guitarist, she claims, “excitedly said “boobies!”.”
“I don’t have any personal feelings about it, other than that the culture at the time should not have been encouraging teenage girls to oversexualize themselves for ‘the scene.'” After all, “I never thought I would be able to ask an adult man to sign my breasts,” she wrote. “But it is what it is.”
What does Garcia tell Rolling Stone on Thursday?
Garcia, now 26, told Rolling Stone on Thursday that she was a huge All Time Low fan and had been to more than 20 of the band’s shows over the past decade, many of which featured the band promoting the tossing of bras onstage. “Their performances were notoriously raunchy for a long time. And they had a young fan base. Garcia, a New Brunswick, N.J., native, believes this changed when they realized the culture was shifting.
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To which she added, “I would have appreciated some more accountability,” in reference to the band’s statement and libel suit. “I wished they had said, ‘We were young, too.'” We were unaware of the harm we were inflicting on our younger audience. That was terrible. As a result of our mistakes, we apologize for any inconvenience this may have caused.’ Instead, they say, ‘We’ve always been good.'” After Garcia’s remarks Thursday, a representative for the band had no immediate reaction.
Justin Bieber filed a defamation suit against Danielle and Kadi
Justin Bieber filed a defamation suit against “two social media users” named only Danielle and Kadi in June 2020, but All Time Low’s new lawsuit is similar to Bieber’s original complaint.
When Danielle claimed that Bieber assaulted her on March 9, 2014, she was “maliciously lying,” according to the “Peaches” singer. The singer claimed in his complaint that he had proof that he and Selena Gomez, who was then his girlfriend, had spent the night in an Austin rental property the night in question. In addition, Bieber claimed that Kadi made up a story about him sexually assaulting her at 2:30 a.m. on May 5, 2015, at the Langham Hotel in New York City. He claimed that he was at a Met Gala after-party at the time of the alleged attack and was photographed leaving the party around 4 am and stopping for a hot dog at the same time. The trial is scheduled for May.
Defamation suits brought by Bieber and All Time Low have been described as “bold power plays” by a legal expert. “This is a situation that no one should enter lightly.” I’m sure they’ve been warned that if they file a lawsuit, they’ll be subject to discovery that includes all of the allegations made online. Harvey Weinstein’s accusers appear to be entering willingly, knowing that there will be investigations into their backgrounds, and they don’t care,” lawyer David M. Ring tells Rolling Stone, who represents one of Weinstein’s accusers in his Los Angeles criminal case. “They don’t seem scared at all.”
Defamation lawsuits can be a “double-edged sword” for plaintiffs with less-than-spotless records, according to Ring.
“Bringing a lawsuit like this has a Pandora’s box element,” he said. Because if you’re just doing this to bully and shut people up, it might backfire.” ” Other victims may be inspired to seek legal assistance because of your example. “More women may come forward as a result of their rage and a sense of duty to do something.”
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According to All-Time Low
The October allegations have not only been proven false, but have also “diminished” the band’s touring opportunities, music publishing opportunities, and sponsorship opportunities. All Time Low members If the Doe defendants fail to remove any defamatory posts, they’re suing for both actual and punitive damages.
On top of losing out on business opportunities and canceled gigs, the band has also suffered tarnishment of their personal and professional reputations, as stated in a new lawsuit.
“All Time Low has worked hard for two decades to earn its large fan base and prefers to continue to focus on its music rather than litigate. All Time Low, its members, and their families have all suffered because of these baseless and defamatory allegations.
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