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PARKERSBURG -- A motion by Parkersburg City Councilman Eric Barber for the dismissal of a defamation lawsuit over a Facebook post has been denied.
Wood County Circuit Court Judge Jason Wharton made the ruling in a brief hearing Thursday morning. It was scheduled for 10 a.m., but the judge delayed it 10 minutes as he waited for Barber to arrive. When he did not, the hearing proceeded.
Barber, who is not being represented by an attorney, was in the adjacent Municipal Building and said he thought the hearing was to start at 10:30 a.m. He declined to comment further.
Parkersburg resident Douglas Evans filed the civil suit against Barber in October over a Sept. 14 comment on a Facebook post in which a radio personality said parents allowing their 11-year-old son to participate in drag shows was a form of child abuse. Evans replied that it was not.
Barber made a post that said, in part, "Little boys dressed in this manner excite some gay men. I suspect Douglas may be one of these men based on how quickly (sic) he was to defend this form of child exploitation."
The complaint says Barber alleged Evans was a pedophile, causing him embarrassment and humiliation and adversely affecting his ability to do his job, as well as future employment.
In the motion to dismiss, which Barber filed himself after saying he had not yet secured an attorney, the councilman denies Evans' claim.
"No evidence submitted by the plaintiff shows anywhere that I referred to the plaintiff as a pedophile nor has any evidence been submitted that I claim the defendant committed a crime of any sort," it says.
In considering the motion, Wharton said the standard for review required him to view the facts alleged in the complaint in the light most favorable to the plaintiff. He cited that standard, in addition to Barber's absence, in denying the motion.