Media Company Sued After It Posts “Sick & Offensive” Altered Image Of Teen With Down Syndrome Online

A couple have said that they were “sickened” when they discovered a picture of their son with Down Syndrome posted online. Now they’re suing the media company responsible for emotional distress and other damages.

The New York Daily News reports that Pamela and Bernard Holland are suing Cox Media over a picture of their son Adam that was taken while he was attending an art class at the Vanderbilt Kennedy Centre in 2004.

In the picture, Adam is proudly holding up a picture that he had drawn which features the words: 'Go Titans One!' He was 17 years old at the time the photo was taken.

WHTP-FM, a radio station owned by Cox Media then used the picture of Adam on its website and altered the drawing that Adam is holding. Adam’s picture was replaced by the words ‘Retarded News.’

The lawsuit lodged against Cox Media and the Florida-based radio station states that the image of Adam was used for commercial use with “defamatory descriptions and commentary.”

“This is a disturbing case that touches a nerve for any family of special needs children,” said Larry Crain, the Hollands’ lawyer.

The website of the radio station that used Adam's picture without permission

Apparenly the picture of Adam holding up his drawing ended up online after it was featured on the art centre’s website. It was then lifted by Cox Media (and others) without permission.

A spoksman for the Cox Media Group said that the company is “looking into the situation” but declined to comment on the lawsuit.

In their lawsuit, the Hollands say that they also found two other examples of Adam’s picture being used in a derogatory manner.

In one instance, a businessman took the image and altered it to read “Retarded Handicap Generator.” Another man is being accused of posting Adam’s image on his Flick account along with the discription: “Just a stupid photo of the sick retarded kid that lives down my street that my dogs hate.”

Adam’s parents are seeking a total of $18million in damages and according to their lawyer, they are choosing to fight back against these “mean-spirited attacks” in order to protect “some of our society’s most innocent and helpless victims.”