Two South Carolina fraternity brothers suing "Borat" for being enticed to get drunk and duped into making racist and sexist remarks in the movie lost their bid for a court order to remove the scene they claim to have tainted their reputations, court papers revealed yesterday, December 11, 2006.
Also rejected the pair's request to block the DVD release of the movie, West Los Angeles Superior Court Judge Joseph S. Biderman ruled that the twosome had failed to show a "reasonable probability of success on the merits" or that money damages alone would be insufficient to resolve their claims.
The decision was made on Biderman's note that he did not "see people falling down or unable to articulate what they were saying" during the part in the flick where the titular character knocks back a few with the guys and listens to their treatise on just who has the power in this country.
Responding to this, attorney for 20th Century Fox Louis Petrich said that he was "obviously pleased" as he told reporters outside the courthouse.
"To us this is just consistent with all the doubts the judge had during the hearing," he remarked.