Richard Simmons hit an unexpected snag in his lawsuit against the National Enquirer.
Simmons sued both The Enquirer and Radar On-line back in May for a series of stories that alleged he was transitioning to become a woman named Fiona.
At the time, Simmons said while he holds no personal ill-feelings toward transgenders, the stories were false and defamatory to his character.
The judge overseeing this lawsuit doesn’t agree with Simmons and seems ready to rule in favor of the tabloids, which almost never happens.
His reasons for his tentative ruling is that “alleging someone is transgender is not necessarily defamatory. Misidentification of a person as transgender is not actionable defamation absent special damages.”
The judge further explained, “The court will not validate those prejudices by legally recognizing them.”
The judge said he is thinking on this matter and is expected to give a written ruling soon.