Judge throws out family’s lawsuit accusing Beetlejuice character at Universal Studios of using racist hand gesture

The lawsuit alleged that “plaintiffs, who were fans of the Beetlejuice movie, stopped to take a photo with defendant” Beetlejuice Doe. Plaintiff Marisol McGee, a Hispanic woman, posed for the photo with Defendant “Beetlejuice Doe,” while Plaintiff John McGee, an African American man, took the photo and Plaintiff Dylan McGee, a mixed-race minor boy, looked on.

“In the photo, Defendant “Beetlejuice Doe” displayed the racist, offensive White Power hand gesture,” the family alleged in the lawsuit.

The family claimed that the “White Power” hand gesture is a “symbol used to express hatred toward a segment of the population based on a person’s race, ethnicity, color, and national origin.”

John and Marisol sought unspecified damages for alleged intentional infliction of emotional distress.

They said they suffered “fear, fear, horror, nervousness, sadness, anxiety, worry, shock, humiliation and shame” as a result of encountering the man dressed as Beetlejuice.

A lawyer for Universal Studios argued that the Beetlejuice character’s hand gesture was most likely just a gesture to indicate “okay.” He argued there was no evidence the employee intentionally used a racist gesture.

“Assuming that for the purposes of this concern, it is argued that a Universal Studios Beetlejuice character made an ‘okay’ gesture during a photo opportunity with Plaintiffs, it is equally plausible (and even more likely) that such a gesture was intended as an traditional gesture.” okay’ gesture that has been common in American culture for decades, if not centuries,” the lawyer wrote.

“Significantly, Plaintiffs do not include in their complaint the photograph of the Beetlejuice character making such a gesture, nor do they allege any objective facts supporting that, even if it was made, the gesture was made as a white power symbol or with a otherwise racially derogatory meaning,” the lawyer said in the official response.

At the recent hearing, the judge ruled: “The mere use of an admittedly ambiguous hand gesture is not sufficient. With respect to this amendment, plaintiffs have not presented any additional facts from which the Court could infer an intent to harm or deny services. Nor have they. claimed that there is a reasonable opportunity to correct this defect. Therefore, the demurrer is upheld without leave to amend and the action is dismissed with prejudice.

The judge closed the case.