Las Vegas Sun

March 28, 2024

Judge tosses tourist’s lawsuit demanding refund for sex act with Las Vegas stripper

A federal judge has thrown out tourist Hubert Blackman's lawsuit against a Las Vegas outcall dancer agency in which he complained about an act of prostitution with a stripper in his hotel room.

Blackman, of New York City, for a few days last month became an Internet oddity as news organizations and websites worldwide pounced on the story of what he called a "tragic event" with the dancer in his Stratosphere hotel room Dec. 17.

Blackman charged in the lawsuit in New York federal court that he was traumatized when Las Vegas police threatened to arrest him after he complained about the $120 sex act and sought a refund from a company he identified as Las Vegas Exclusive Personals.

Blackman said he was drunk when he summoned the dancer to his hotel room and wasn't capable of making an informed contract with the dancer. Blackman also complained the woman left after a half hour rather than the promised one hour of lap-dancing and other entertainment.

The suit demanded a refund of the $275 he said he spent for the entertainment and sex, $1.8 million in damages and an order closing Las Vegas Exclusive Personals.

Chief U.S. District Judge for the Southern District of New York, Loretta Preska, last week dismissed the lawsuit, citing legal deficiencies.

For one thing, Preska found Blackman's allegations do not pose a federal question, meaning they can't be heard by the federal court.

"Plaintiff's claims do not arise under a federal statute or the U.S. Constitution," Preska wrote in her ruling.

As for another jurisdictional issue, Preska found Blackman's claims don't allege to a "reasonable probability" that he "has a cognizable claim" exceeding $75,000, the minimum required in federal cases.

The judge also noted that Blackman failed to file his suit in Nevada, "where a substantial part of the events or omissions giving rise to the claim occurred."

Preska could have transferred the case to Nevada, but found that "would not be in the interest of justice."

Blackman couldn't immediately be reached for comment, but he told the Smoking Gun website on Monday his case is valid and he plans to appeal.

Hillsboro Enterprises, which says it's been licensed for 17 years and provides adult dancers on a subcontractor outcall basis, uses the Las Vegas Exclusive Personals brand name.

Court records indicate Hillsboro Enterprises never responded to the lawsuit since it was never served.

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