Madonna's 'Pornography Without Warning' Fan Lawsuit, Explained

Why would anyone be suprised that a Madonna concert contains a bit of sex appeal? She literally wrote the book on the subject. In new documents obtained by ET, a “fan” is suing Madonna, as well as Live Nation and four California concert venues, for subjecting audiences to “pornography without warning” during the singer’s Los Angeles Kia Forum concert on March 7 in Los Angeles.

The lawsuit, filed by concertgoer Justen Lipeles, is based on claims of negligent misrepresentation, intentional infliction of emotional distress, false advertising, and breach of written contract. The court statement outlines Lipeles complaints which, among other things, include that he was subjected to “topless women on stage simulating sex acts.” He also alleges that Madonna requested that the venue’s air conditioning be turned off which, he says, resulted in him becoming “physically ill.”

“Imagine taking your 11-year-old sister to a pop concert,” the statement read. “When in the middle of the concert, the women on stage remove their tops and are completely topless. They then begin to act out sexual situations including cunnilingus, and digital penetration amongst other pornographic type situations. This is with absolutely no warning to anyone who is offended by this type of content, and especially those who bring children to the concert.”

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Lipeles’s attorney continued, “Justen brought his 11-year-old sister, who was shocked. Additionally, for many hours everyone was forced to sit in what felt like a sauna. This was no accident, Madonna insisted that the AC stay off and when people in the crowd complained, she said she is not turning the AC on and if they didn’t like it, they should take their clothes off. People were physically in discomfort and sweating like crazy. In other words, people paid thousands of dollars to sit and suffer while watching live porn, including kids, with no warning.”

The concertgoer also included complaints that the show started more than an hour after the advertised 8:30 p.m. start and that Madonna “lip-synced her performance.” The lawsuit comes just four months after the Queen of Pop was sued—again, by her “fans”—over a late start time.

In January, Michael Fellows and Jonathan Hadden brought legal action against the singer over her December Barclays Center concert, claiming that she and the venue “lied” about the show’s start time. The duo’s lawyers alleged that Madonna and Live Nation engaged in “unconscionable, unfair, and/or deceptive trade practices,” saying that she didn’t take the stage until “between 10:45 p.m. and 11:00 p.m.” despite the show’s 8:30 p.m. start time.

“Reasonable concert goers also know that concert lengths vary based on numerous factors,” Madonna’s legal team stated in a court document at the time. In November 2019, Madonna was once again sued for starting her show late, though the plaintiff Nate Hollander voluntarily dismissed the suit a month later.

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