Judge Tosses Somerville Mayor's Barstool Sports, Minihane Suit

SOMERVILLE, MA — A judge has thrown out Somerville Mayor Joseph Curtatone's lawsuit against Barstool Sports and former WEEI host Kirk Minihane. The civil suit, filed in Middlesex Superior Court last June, stemmed from an interview Minihane conducted with Curtatone over the phone in which he pretended to be Boston Globe reporter Kevin Cullen. Barstool later posted the interview on its website.

Curtatone called the interview a "clear violation of Massachusetts General Law, which forbids audio recording a person without his/her consent, and you can't obtain that consent through fraudulent means."

A Middlesex Superior Court judge disagreed, allowing Minihane's motion to dismiss after seven months, according to Boston Magazine. Judge Maureen Hogan ruled that Curtatone likely knew he was being recorded, regardless of who was on the other end of the phone. The case was dismissed Jan. 15.

Previously: Somerville Mayor Sues Barstool Sports, Kirk Minihane

Lenny Kesten, Curtatone's attorney, told Boston Magazine the mayor may appeal the ruling. The lawsuit was the culmination of a feud between Curtatone and Barstool Sports, which began when the Boston Bruins put the Barstool logo on rally towels handed out at TD Garden during Game 2 of last year's Stanley Cup Final.

Boston Herald columnist Jessica Heslam criticized the team for its partnership, writing, "The NFL saw fit to kick Portnoy out of the Super Bowl. The Bruins should know better. And they can do better."

Curtatone shared the story, tweeting in part, "As a fairly rabid sports fan one of the more regrettable things I've seen is the attempt to disguise misogyny, racism & general right wing lunacy under a 'sports' heading."

The charges of misogyny and racism, which have dogged Barstool for years, caught Barstool Sports founder Dave Portnoy's eye. Portnoy published a blog in which he wrote Curtatone "appears to be a legitimate criminal." The piece included screenshots and links to stories about allegations involving Curtatone and members of his family.

Portnoy challenged Curtatone to a debate, prompting the mayor to call Barstool and its fans a "cult."

Barstool Sports was founded in Milton in 2003. It started as a free newspaper offering gambling advertisements and fantasy sports projections and later expanding to include sports analysis and pop culture news. The company, now owned by The Chernin Group, runs a media conglomerate that includes podcasts and other streaming services.

The brand is no stranger to controversy. Portnoy frequently hits back against critics by citing Barstool's history of fundraising for first responders, military members and victims of attacks like the Boston Marathon bombing and Pulse nightclub shooting.