Sauce Getting Hot for Ahmad Gardner

Former University of Cincinnati Bearcat Ahmad "Sauce" Gardner is the defendant in a newly filed defamation suit in New Jersey.  It's obviously early in the litigation, but the case may serve as a cautionary tale for athletes engaging on social media. 

At its heart, the case underscores the bitter rivalry between the Buffalo Bills and the New York Jets, Gardner's current team.  In August of last year, Gardner posted on his "X" social media account a photograph of boxes, a ladder and some construction equipment, all in an empty room, with the caption:  "Do I even have to say what I'm getting built at my new house?"

Kalli Mariakas, a devoted member of the Bills Mafia, posted in reply the following sick burn:  "A simulator to teach you how not to commit pass interference or defensive holding".  Approximately 7.3 million people viewed Ms. Mariakas' tweet.

Instead of responding with a 😫emoji, Gardner escalated matters by responding "I'm sure your husband wouldn't like it if I told him you dm'd (direct messaged) me your OF link would he?"  As the complaint explains, "Gardner's use of the initials "OF" in his tweet is commonly understood in the internet community to refer to a widely recognized website known as the "OnlyFans" content subscription platform, known for its explicit adult content, and used by some women and girls to, among other things, advertise their sexual attributes and their availability."  As Gardner was soon to discover, it was probably not a good move to slut shame someone who joked about his defensive prowess.

The morning after Gardner sent his tweet, Ms. Mariakas responded two times.  Her first response said:  "Why don't you send the link then? He's waiting! I would love to know what it is myself! Nice comeback @iamSauceGardner but what a shame it's a big fat lie!"  In her second tweet, she implored:  "send the link @iamSauceGardner! We are all waiting! Even my Husband!!"

Later that same day, the publication Barstool Sports jumped in with an article entitled, "If you're a Married OnlyFans Model Who's Been DMing Sauce Gardner, You'd Be Wise Not to Troll Him about His Coverage Skill."  According to the complaint, the Barstool article "was composed in a manner to, among other things, falsely establish as its premise that Plaintiff actually had an 'OnlyFans' page that had been exposed by defendant Gardner."

According to the complaint, as a result of Gardner's tweet and the Barstool article, Ms. Mariakas and her family were subjected to "harassment and disparagement."  Hence the lawsuit, filed against Gardner and Barstool.

Ms. Mariakas likely will be able to establish two key elements of a defamation claim – that Gardner's claim was false and that he published it.  Gardner will likely argue that it is not defamatory to say that someone has an OnlyFans account.  He will also argue that in the context of the conversation, he was merely engaging in humorous banter that he never intended to be taken seriously.  Legal scholars refer to this as the "your momma" defense. 

As I noted before, filing a complaint is like the kickoff, so we are early in the first quarter of this lawsuit.  Any number of things might happen.  But going forward, Gardner may want to develop some thicker skin and/or better impulse control.  As he is likely to find out, the only thing worse than a DPI call is a civil lawsuit.