First amendment protects Target in Rosa Parks lawsuit

MONTGOMERY CO., AL (WSFA) - A federal judge in Alabama is ruling in favor of the Target Corporation over the selling of products representing one of the Civil Rights movement's greatest icon, Rosa Parks. The ruling has the lawyer representing the case speaking out.

According to the court ruling, Target was shielded by the First Amendment in a lawsuit claiming the retailer violated publicity rights of Rosa Parks by selling nine items in their store between 2009 and 2013. The items were apparently sold without appropriate permission.

Before Rosa Parks died, Gwendolyn Thomas Kennedy,the attorney representing the Parks Institute, vowed to do everything she could to help preserve Parks' legacy. When Target started selling books, DVDs and a plaque bearing the name, likeness and image of the woman who refused to give up her seat on a Montgomery bus, Kennedy says she couldn't give up either.

We're talking about the 50th anniversary but we're not any further along with regard to protecting her rights, that's hurtful, Kennedy says. "We sued Target because Target just felt like they could use it with reckless disregard, which is amazing because you can't do that to Elvis, you can't do it to Marilyn Monroe so to do it to Rosa Parks is an extra slap in the face particularly because of what she did for us, all of us, Kennedy added.

Making a profit off of the Civil Rights icon doesn't hit a bullseye with Kennedy, she says she is dumbfounded by the court's ruling.

Target is a multi-billion dollar corporation and they're selling on mass in bulk and can afford to pay a royalty, can afford to pay a licensing fee and just won't do it," Kennedy says.

While the Target merchandise is under scrutiny, if you're looking for a Rosa Parks t-shirt or keychains, try the Rosa Parks Museum and Library gift shop on the Troy University, Montgomery campus.Troy University is able to sell Rosa Parks products because essentially they made contact with the Parks Institute, something Kennedy says never happened when it comes to Target.

We're permitted to sell memorabilia with her likeness on it, and again it's from an agreement we reached with them back in the 1990's, said Troy University Montgomery Campus Vice Chancellor Lance Tatum.We have a certain set of standards that we adhere to the merchandise that we buy all have an affiliation back to the Rosa Parks family, and as long as we stay in that framework of understanding then we are permitted to sell that material.

WSFA 12 News reached out to Target Corporate and received a statement from spokesman Evan Lapiska. The email states, We do not have anything to add and defer to the court's ruling."

Kennedy plans to appeal the ruling within the next 30 days, saying that most law is made, throughout history, in the appellate court system.

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First amendment protects Target in Rosa Parks lawsuit

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