BILLINGS LAW FIRM 

COU NSELO RS-AT- LAW

CHRISTOPHER L. THACKER, ESQ. 145 Constitution Street
Lexington, Kentucky 40507
(0) (859) 225?5240
(859) 225-5241

 

September 4, 2019

VIA HAND DELIVERY

Amy McGrath for Senate, Inc.

c/o Chris Patton, Registered Agent
333 Vine St Ste 300

Lexington, KY 40507

VIA U.S. MAIL

Amy McGrath for Senate
PO. Box 875
Georgetown, KY 40324

RE: Demand to cease and desist from the unauthorized use of the personal images
and likenesses of Randv Robbins and Hall

To Whom It May Concern:

I represent Randy Robbins and Albrow Hall, two members of the Letcher County chapter
of the Black Lung Association. Randy and Albrow were proud to join other members of the
association on a trip to our nation?s capital earlier this summer to raise awareness about black lung
disease and the challenges faced by them and other miners who suffer from it.

Randy and Albrow felt that the trip was a success. They deeply appreciated the warm
receptions they received from a number of elected representatives who took the time to meet with
the group, including Senator Mitch McConnell. They were therefore happy to cooperate when they
were contacted several weeks later to participate in the ?lming of a reenactment of the bus trip.

Both Randy and Albrow were led to believe that the reenactment was being done for a
documentary relating the work of the Black Lung Association. They did not know and were
never told that they were being ?lmed for a political advertisement.

Randy and Albrow were shocked and outraged when they later saw their images featured
prominently at the beginning of the ?10 Hour Bus Ride? commercial now being broadcast by the
McGrath Senate Campaign. Speci?cally, in the opening scenes of the commercial, Randy is shown
sitting on the ?rst row visible on the viewer?s left, in a gray shirt and camou?age cap, while Albrow
is in the second row on the viewer?s right.

Billings Law 13um
Amy McGrath for Senate
September 4, 2019
Page 2

Randy and Albrow did not and do not consent to the use of their images in this
campaign advertisement. Moreover, they do not believe that black lung is or should be made into
a partisan political issue. Black lung does not discriminate by party af?liation, and my clients
believe that people of good will from both political parties are working hard to address the needs
of coal miners with black lung disease.

Randy and Albrow are not partisan political activists for either party. However, they are
personally offended at seeing their images being used in a political attack ad that does not re?ect
their personal feelings or beliefs. It is simply wrong for the McGrath Campaign to use individual
miners suffering from black lung disease as political pawns without their permission or consent.

Moreover, Kentucky courts recognize a common law right of privacy/publicity that
encompasses claims for the misappropriation of an individual?s likeness. See, e. McCall v.
. Courier-Journal and Louisville Times Co., 623 882, 887 (Ky. 1981). Kentucky law
expressly protects ?the interest of the individual in the exclusive use of his own identityrepresented by his name or likenessbene?t to him or to
others. This interest is ?in the nature of a property right.? Thornton v. Western Southern
Financial Group Bene?ex Plan, 797 F. Supp. 2d 796, 814 (W.D. Ky. 2011). Damages for the
unauthorized use of an individual?s image, such as is involved here, may include injunctive relief,
compensatory damages, unjust enrichment and punitive damages. Id. Quite simply, Randy and
Albrow have a legal right to control the use of their personal images.

Accordingly, Randy and Albrow hereby demand that _tl_1e McGrath Campaign
immediately cease and desist from the use of their personal images in any and all advertising
and media, speciallv including in the misleading ?10 Hour Bus Ride" commercial. Under the
circumstances, we request that you please con?rm by close of business on Friday, September 6,
2019, your agreement to do so. Should the McGrath Campaign refuse to do so voluntarily and
my clients reserve their rights to pursue any and all legal remedies available to them.

Thank you for your prompt attention to this matter.

Christopher L. Thacker

cc: Randy Robbins
Albrow Hall