The Miss USA organization and its CEO filed a motion to dismiss Boltinhouse’s lawsuit, arguing its chairman’s statement didn’t directly label Boltinhouse racist

NEED TO KNOW

• Brittany Boltinhouse sued the Miss USA organization after losing her title over resurfaced social media posts and claims of defamation in an Aug. 23 civil suit
• Boltinhouse also alleged that her political and religious views motivated her removal and seeks compensation for lost career opportunities
• But the Miss USA organization and its CEO, Thom Brodeur, filed a motion to dismiss the lawsuit on Monday, Nov. 2, arguing its chairman’s statement did not directly label Boltinhouse racist, homophobic or transphobic

The Miss USA organization has filed a motion to dismiss Brittany Boltinhouse’s defamation lawsuit against the organization.

Boltinhouse was crowned Miss North Carolina on June 27. But less than two months later, she was stripped of her title after her old social media posts from 2017 and 2019 resurfaced, in which she used a racial slur — as well as later social media posts in which she opposed Joe Biden’s Transgender Day of Visibility proclamation and expressed support for Donald Trump, Charlie Kirk and Andrew and Tristan Tate.

She was dethroned on Aug. 5, with Miss USA chairman, Thom Brodeur, saying the decision was made because the organization “does not tolerate racism, homophobia, transphobia, nor language that strips any person of their dignity.” Brodeur did not specify the conduct that led to the decision.

On Aug. 23, Boltinhouse filed the civil lawsuit against the organization, Brodeur, and the North Carolina pageant operators in Duplin County Superior Court in North Carolina, according to documents previously obtained by PEOPLE.

Boltinhouse said she was suing over statements that the defendants allegedly made afterward, which she claims falsely portrayed her as racist, homophobic, transphobic and bigoted and could damage her reputation. In the complaint, Boltinhouse clarifies that she is not challenging the pageant organization’s authority to take away her crown.

But on Monday, Nov. 2, the defendants filed a motion to dismiss Boltinhouse’s lawsuit, arguing the Aug. 5 announcement was not defamatory, according to documents obtained by PEOPLE.

“The Brodeur Statement is not defamatory as a matter of law because it does not state actual facts about Plaintiff,” the motion reads. “The Brodeur Statement does not contain any statement that Plaintiff is a racist, homophobe, transphobe, or bigot.”

Brodeur’s response alleges Boltinhouse “admits Mr. Brodeur’s statements were true.”

The motion to dismiss argues Boltinhouse “claims that she was defamed not because of the statements she admits she made but because she was falsely accused of accepting responsibility for, and apologizing for, making those statements.”

“Plaintiff’s claim fails as a matter of law because the Brodeur Statement is true, as demonstrated by the allegations in the Complaint,” the motion to dismiss states.

In Boltinhouse’s initial defamation suit, she alleged that her conservative political and religious views were actually the reason she was dethroned, and she cites alleged recorded conversations with state pageant officials in support of that allegation. She claimed that those conversations reflected concerns about potential public backlash against the Miss USA pageant if she remained involved.

Boltinhouse argued the defendants used the collection of posts to justify her removal as Miss North Carolina. She also claimed that the organization tried to get her to issue an apology statement that she says portrayed her as bigoted, and that the Miss USA chairman later referred to the statement publicly, giving the impression that she had approved its contents.

But the defendants argue in the Monday, Nov. 2 response that Boltinhouse “admits making the statements set forth in the Complaint, so she is forced to rely on an argument that the BDE Defendants falsely claimed she apologized for those statements.”

“Those statements cannot support a defamation claim because the allegations of the Complaint defeat any claim of falsity,” the document reads.

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Boltinhouse is seeking monetary compensation for alleged damage to her reputation, emotional distress, and lost professional and economic opportunities. She alleged that the amount should include the value of losing the Miss North Carolina title, the chance to compete at Miss USA, and potential sponsorships, endorsements, appearances and future career opportunities. She is also seeking punitive damages, attorneys’ fees, costs and interest.

PEOPLE reached out to Boltinhouse’s attorney and representatives for Miss USA and its production team, A Blaize Productions, for comment.

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