Judge: Gay Couple 'Lacks Convincing Evidence' in Airline Dildo Lawsuit

Two men are convinced Continental Airlines employees played a sick, antigay joke on them.

Neal Broverman

Neal Broverman is the Editorial Director, Print of Pride Media, publishers of The Advocate, Out, Out Traveler, and Plus, spending more than 20 years in journalism. He indulges his interest in transportation and urban planning with regular contributions to Los Angeles magazine, and his work has also appeared in the Los Angeles Times and USA Today. He lives in the City of Angels with his husband, children, and their chiweenie.

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Neal Broverman

May 18 2015 5:35 PM EST

November 17 2015 5:28 AM EST

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For the second time, a judge has dismissed a lawsuit from two men who say airline employees took a sex toy out of their luggage, covered it in some sort of fecal matter, taped it the exterior of their bag, and sent it down the baggage carousel.

U.S. District Judge Kenneth Hoyt threw out the long-running suit by Christopher Bridgeman and Martin Borger, who claim Continental Airlines employees humiliated them after a 2011 trip. Hoyt said the men lack evidence to prove the airline workers were the ones who removed and manipulated their sex toy during a flight from Texas to Virginia, saying TSA employees had access to their bags, as well.

"You have not presented clear and convincing evidence that TSA did not handle these bags and cause the situation that occurred. ... In fact we know TSA handled these bags. We know that they scan them and in many instances they go into bags," ruled Hoyt in a summary judgment. "If you have two operatives and you do not eliminate one of those operatives by clear and convincing evidence, then you cannot go to judgement. There's nothing to submit to the jury - especially in light of the fact that you didn't sue both of them."