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'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment

 
Person445
The West Coast Truth

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02/19/2013 10:50 AM

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'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
In December, David Hester filed a lawsuit against A&E Television Networks, alleging that producers of Storage Wars rigged the reality television series by salting storage lockers before they were auctioned off to buyers.

It's a bold salvo which -- if Hester is successful -- could present serious implications for others in reality TV.

That is evident by a new court brief (read in full here) filed by Hester's attorneys late last week in the case. The papers attempt to explain why the First Amendment doesn't protect A&E and why 47 U.S.C. § 509, enacted following the TV quiz show scandals of the 1950s, does apply. What's more, the plaintiff is drawing the court's attention to a prior lawsuit against Survivor and a law review article that argues why it might be time that legal scrutiny is paid to unscripted television.

Among the claims that Hester is bringing in his lawsuit against A&E is that the network has made unfair business practices. Hester says his claims arise from producers' conduct in alleged violation of Section 509, which prohibits "influencing, prearranging, or predetermining outcomes" in "contests of knowledge, skill, or chance."

Hester says that the defendants' alleged violation of this law has harmed him.

For 26 years, Hester has been a professional buyer of abandoned storage lockers. He says producers began salting lockers during the first season, and that after he complained, the producers stopped salting the storage units that he acquired, but continued salting the storage units acquired by other cast members. As a result of alleged "interference and manipulation of the outcomes of the auctions shown" on Storage Wars, he says that producers have made it appear that he is less skillful than his competition. He now says that
others have stopped doing business with his shops, and that because of all this, he's been forced to close his store fronts.


Learn more: [link to www.hollywoodreporter.com]
Anonymous Coward
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02/19/2013 10:59 AM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
So Hester is saying that producers knew, in advance, the lockers he would win in the auction? That he would be discriminated against, again in advance. And it is this clairvoyance that drove Dave out of business...

I'm more inclined to believe it was Hester's own stubborn attitude that drove him to his current problems.
Lime Flavoured Redux

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02/19/2013 11:03 AM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
Is an auction really classed as a "contest of knowledge, skill, or chance."?
Zombietard

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02/19/2013 11:04 AM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
Hester tard NOOOOOOOOOOOOOOOP
Anonymous Coward
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02/19/2013 11:12 AM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
since they don't even know what's in the locker until after the bidding, i really don't see how it makes a difference. so what if they add some items to make the show more interesting? it has no effect on the actual bidding process. i used to watch the show. when it first aired, hester was the one who had the most money and could out bid everyone else. now that everyone else has gotten rich off the show, they have just as much money to spend, and he can't outbid everyone. i think that's the real reason he's acting like a cry bitch right now
Anonymous Coward
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02/19/2013 12:01 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
C'mon Dave!

How boring would that show be if all we had to watch was you either...

Saying you caused them to pay more when you lose a locker

OR

Saying you could win any locker when you do

Truly, that's ALL this guy ever says on the show. If not for the interest of planting items in the lockers, if they do, that show would have been cancelled after the 3rd episode.
Anonymous Coward
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02/19/2013 02:16 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
I am glad his arrogant ass has had to close down shop. It wasn't the show that harmed his reputation, it was his disgusting behavior that did himself in!
Anonymous Coward
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02/19/2013 02:18 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
I am glad his arrogant ass has had to close down shop. It wasn't the show that harmed his reputation, it was his disgusting behavior that did himself in!
 Quoting: Anonymous Coward 31973267


AGREED....dave did it to himself..
Anonymous Coward
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02/19/2013 02:23 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
So Hester is saying that producers knew, in advance, the lockers he would win in the auction? That he would be discriminated against, again in advance. And it is this clairvoyance that drove Dave out of business...

I'm more inclined to believe it was Hester's own stubborn attitude that drove him to his current problems.
 Quoting: Anonymous Coward 4704318


I think they were hiding good items after the rooms were purchased, which I say is breaking the game show code.
Anonymous Coward
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02/19/2013 02:39 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
The economy sucks that's what's up Dave! Plus you put a show up where you live off other peoples misery and brag up how much you made off them, come on who would want to come to your store? Anyone that believes any reality show is real is a total sheep, my wife falls for that piece of work where there is one guy/20 girls and the seasons are all the same! She finally admits it but still watches it which drives me mad! jerkit
Anonymous Coward
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02/19/2013 02:47 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
The guy is a total asshole but his case has merit, in my opinion...(ok, not worth much)

The show is now about finding one thing worth money (planted?)
and then taking it to some shop to get the history and value out of it.

Dave was a total ass for bidding up shit, but every show needs an evil character for us to hiss at. So therefore, A&E was making bucks on his assholiness. The battle against good and evil is as old as history.
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02/19/2013 02:48 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
In December, David Hester filed a lawsuit against A&E Television Networks, alleging that producers of Storage Wars rigged the reality television series by salting storage lockers before they were auctioned off to buyers.

It's a bold salvo which -- if Hester is successful -- could present serious implications for others in reality TV.

That is evident by a new court brief (read in full here) filed by Hester's attorneys late last week in the case. The papers attempt to explain why the First Amendment doesn't protect A&E and why 47 U.S.C. § 509, enacted following the TV quiz show scandals of the 1950s, does apply. What's more, the plaintiff is drawing the court's attention to a prior lawsuit against Survivor and a law review article that argues why it might be time that legal scrutiny is paid to unscripted television.

Among the claims that Hester is bringing in his lawsuit against A&E is that the network has made unfair business practices. Hester says his claims arise from producers' conduct in alleged violation of Section 509, which prohibits "influencing, prearranging, or predetermining outcomes" in "contests of knowledge, skill, or chance."

Hester says that the defendants' alleged violation of this law has harmed him.

For 26 years, Hester has been a professional buyer of abandoned storage lockers. He says producers began salting lockers during the first season, and that after he complained, the producers stopped salting the storage units that he acquired, but continued salting the storage units acquired by other cast members. As a result of alleged "interference and manipulation of the outcomes of the auctions shown" on Storage Wars, he says that producers have made it appear that he is less skillful than his competition. He now says that
others have stopped doing business with his shops, and that because of all this, he's been forced to close his store fronts.


Learn more: [link to www.hollywoodreporter.com]
 Quoting: Person445


He's ridiculous. People have stopped doing business with him because they watched the show and know what an asshole he is.
Anonymous Coward
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02/19/2013 02:50 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
salting? wtf does that even mean ?
Anonymous Coward
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02/19/2013 02:50 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
The point being...REALITY TV IS NOT REALITY.
Anonymous Coward
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02/19/2013 02:51 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
C'mon Dave!

How boring would that show be if all we had to watch was you either...

Saying you caused them to pay more when you lose a locker

OR

Saying you could win any locker when you do

Truly, that's ALL this guy ever says on the show. If not for the interest of planting items in the lockers, if they do, that show would have been cancelled after the 3rd episode.
 Quoting: Anonymous Coward 34452298


so you noticed that too. When someone dumps a locker on him at a high price, it's because of how dominant he is. When someone outbids him, they're a sucker and he dumped it on them at an unreasonably high price because of how dominant he is. The guy is a grade A retard.
Anonymous Coward
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02/19/2013 02:51 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
salting? wtf does that even mean ?
 Quoting: Anonymous Coward 1151435


planting stuff in the storage lockers.
Anonymous Coward
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02/19/2013 02:52 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
So Hester is saying that producers knew, in advance, the lockers he would win in the auction? That he would be discriminated against, again in advance. And it is this clairvoyance that drove Dave out of business...

I'm more inclined to believe it was Hester's own stubborn attitude that drove him to his current problems.
 Quoting: Anonymous Coward 4704318


I think they were hiding good items after the rooms were purchased, which I say is breaking the game show code.
 Quoting: Anonymous Coward 19416029


I'm sure they were, but how the hell does that give him a cause of action?
Anonymous Coward
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02/19/2013 02:54 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
salting? wtf does that even mean ?
 Quoting: Anonymous Coward 1151435


planting stuff in the storage lockers.
 Quoting: Anonymous Coward 32381683


In police slang, "salting the mine" means to plant drugs or guns on a person they don't like, and then arresting them.
Chrit

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02/19/2013 02:59 PM

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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
Dave cannot win this suit.

Besides is was not the producers “salting” the lockers it was the people who bought them putting their own things inside the lockers before they were filmed just to piss off Dave.



Think about it, If dave ran you up a few hundred bucks being a ass would you not put somthing in the locker your self, just to say "look dave" there was gold in that locker, I made a killing.
I'm only human, it's my biggest flaw.

We must all realize a sink a chair and a pillow are all luxuries of home and a soldiers helmet takes the place of all three.
Anonymous Coward
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02/19/2013 03:01 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
I am glad his arrogant ass has had to close down shop. It wasn't the show that harmed his reputation, it was his disgusting behavior that did himself in!
 Quoting: Anonymous Coward 31973267


AGREED....dave did it to himself..

 Quoting: Anonymous Coward 1513486


I agree also with this statement.
We ALL know that reality tv is far from reality and scripted.
He knew it was also yet he decided to continue with the facade.
He is a jerk on the show and greedy as can be.
I would not buy from him nor visit his shops because of his attitude.
He did this to himself as th the above posters said.
I hope others who are on these reality shows for their 15 minutes of fame realize that all the money they make and spend so fast now will not last and then it will be back to reality for them.
Hopefully they will not have shown themselves to be jerks and ruined their reputations during the shows.
After all our reputation is all we truly have that matters in this world.
You can be poor but honorable and people would rather be around you than someone who is rich and a cheat.
If you are not honorable, a jerk, cheat, lier, drama queen, etc then who in their right mind would want to be around you or do business with you other than people just like you?
I quit watching those shows because of the fakeness, the drama, and the cattiness.
We are better than this! They should be better than this!
Reality tv should be banned if it is in any way scripted or faked.
Anonymous Coward
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02/19/2013 03:03 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
Anyone that watches a reality show and thinks it's real is a moron to to the highest power.
Anonymous Coward
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02/19/2013 03:04 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
I am glad his arrogant ass has had to close down shop. It wasn't the show that harmed his reputation, it was his disgusting behavior that did himself in!
 Quoting: Anonymous Coward 31973267


AGREED....dave did it to himself..

 Quoting: Anonymous Coward 1513486


YUP!
Anonymous Coward
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02/19/2013 03:07 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
Could it be that people stopped doing business with him because they saw what a total D!ck he is...
Upgrayedd

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02/19/2013 03:08 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
The point being...REALITY TV IS NOT REALITY.
 Quoting: Anonymous Coward 32381683


THIS^^^
Meet the new boss; same as the old boss.

Trust in those that seek the truth. Doubt those who find it.
Anonymous Coward
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02/19/2013 03:09 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
Yuuuup
Anonymous Coward
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02/19/2013 03:10 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
Could it be that people stopped doing business with him because they saw what a total D!ck he is...
 Quoting: Anonymous Coward 20074469


ding ding ding, we have a winner!!
chuckles
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02/19/2013 03:10 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
I've never cared for Dave anyway, I like Barry and Brandi and her big hooters!!!
Anonymous Coward
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02/19/2013 03:19 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
People stopped doing business at his stores because he is a whiney little cunt. As evidenced by aforementioned lawsuit.
Anonymous Coward
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02/19/2013 03:25 PM
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Re: 'Storage Wars' Rigging Lawsuit: David Hester Says A&E Can't Plead First Amendment
Just like the moon "landing"'......fake.

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