A Delaware judge ruled Monday that a defamation lawsuit against the sports website Deadspin can resume after tossing out the publication's request for it to be dismissed, the New York Post reported. The lawsuit pertains to an article that falsely accused a 9-year-old NFL fan of wearing blackface and engaging in racism due to the attire he wore to a Kansas City Chiefs game last November.
Holden Armenta, a young native American boy, attended the game with his family, sporting a Native American headdress and painting his face red and black to support his favorite team, the Kansas City Chiefs. He was featured in a television broadcast of the game and was photographed by various news outlets in his attire.
The next day, Deadspin writer Carron Phillips published an article that accused the 9-year-old child of being racist. Phillips had taken a screenshot of Holden that showed only the black side of his red and black face paint and accused the child of wearing blackface. After immense backlash in support of Holden, Deadspin updated the article without issuing a retraction or a formal apology, the lawsuit states.