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Judge dismisses lawsuit claiming Miley Cyrus' pic discriminated against Asians

November 20, 2009 |  3:14 pm

Miley-cyrus A judge today dismissed a discrimination lawsuit against Miley Cyrus that argued that Asians were harmed by a photo that showed the teen idol and her friends pulling back their eyelids.

The novel legal claim was filed by Lucie J. Kim in a class action suit against the singer earlier this year that sought $4,000 in damages for each Asian and Pacific Islander living in Los Angeles County. The suit argued that Cyrus, 16, violated a state law that prohibits businesses from discriminating against people based on race, gender, ethnicity and other traits.

The picture appeared on websites like gossipteen.com in February, and Cyrus repeatedly apologized. Cyrus’ attorney, Bryan M. Sullivan, referred all inquiries to Miley's spokesperson, who declined comment.

Henry M. Lee, Kim’s attorney, said his client is considering appealing the case. The fact that the judge did not order Kim to pay the tens of thousands of dollars in legal fees Cyrus was seeking shows that the judge thought his client made a good-faith argument, Lee said.

-- Seema Mehta

Photo: The image of Miley Cyrus and her friends pulling back their eyelids that sparked the controversy. Credit: Gossipteen.com