Cameron Knight

cknight@enquirer.com

In November, two employees at Over-the-Rhine’s MOTR Pub were "called out" on Facebook by Northside resident Nichole Banks. She wrote that they were "known sexual predators." Banks did not give details of exactly what the men might have done.

After a string of negative reviews and posts on Facebook, the bar and music venue on Main Street announced -- via social media, of course -- that "the two employees in question are no longer employed with us." This all took place in less than three days.

Some are celebrating the social media incident as a triumph: the successful removal of two men from a business where some observers considered them a threat to female customers.

On the other side, the two men, neither with a sex crime on their records, said they are victims of “outlandish rumor.” Social media, in essence, served as judge, jury and executioner in terms of their employment at MOTR Pub, without any evidence presented or an opportunity for the men to defend themselves.

Whatever one's view, this is not as simple as a "like." Sexual misconduct – a complicated, contentious and emotional issue even in courts of law – is instead being tried on a Facebook page.

The opposing perspectives reveal the essence of the emerging online "call-out culture." Just like any online movement, that term means different things to different people, but generally it involves publicly accusing individuals of immoral or illegal behavior.

In a 2015 article by Asam Ahmad published in briarpatch Magazine, call-out culture is described as "the tendency among progressives, radicals, activists, and community organizers to publicly name instances or patterns of oppressive behaviour and language use by others. People can be called out for statements and actions that are sexist, racist, ableist, and the list goes on."

While calling out people or even their employers isn't anything new, the social media age gives such efforts an unprecedented reach, one magnified by the ability of others to simply click and lend support to them.

These online callouts can leave people in the nearly-impossible position of proving their own innocence, the reverse of the presumptions embedded in our legal system. It also puts pressure on businesses large and small to respond, even if only to make the negative social media publicity go away.

“The law has not caught up to the advent of the internet or the speed at which word-of-mouth travels,” defamation lawyer Colleen Devanney said.

'Don't play shows there and don't attend shows there'

It started on Nov. 4, at least that’s when it really took off on Facebook. But Banks, a bartender in Northside and self-proclaimed activist in the community, said concerns over the two bartenders had been discussed among her friends and in private Facebook conversations for about a year.

In a post that day on the Cincinnati D.I.Y. Facebook page, Banks called out Gage Villere, 42, and Paul O'Moore, 28. This page is often used for promoting local bands and events.

“Gage Villere and Paul O’Moore who are known sexual predators in the community both work at MOTR,” Banks wrote. “They are both very dangerous men who prey on drunk women.”

Banks wrote that she and others had stopped going to MOTR Pub due to the men. Villere was a bartender at MOTR Pub, and O'Moore worked in the kitchen.

“I can’t make anyone do anything, but if you want to stand in solidarity don’t play shows there and don’t attend shows there,” Banks wrote. “This is how we got Gage [Villere] out of the Comet, it works.”

Both Villere and O'Moore said they were forced to leave previous jobs due to accusations of sexual assault. Villere had worked at a Northside bar, The Comet, when a Facebook post made in the spring of this year on a personal page claimed he was a threat.

Comet owner Dave Cunningham said the social media response was not as large as the one targeting MOTR, but it happened just as fast.

"It's something that you don't want to believe happens, but it has to be taken seriously," said Cunningham of allegations of sexual assault. "I really didn't feel comfortable. They were asking me to be judge, jury and executioner."

Cunningham said he spoke to as many people as he could about the specific accusations. Soon after, Villere was no longer employed at The Comet.

The evidence of the exchanges and posts on Facebook was deleted, Cunningham said. After the whirlwind of activity, it was strange to see the record of all it disappear, he said.

O'Moore previously worked at Urban Artifact, another Northside establishment, when accusations were presented to owners there.

Urban Artifact chief of organization Scott Hand said O'Moore was a part-time independent contractor.

"We stopped working with him in May 2016 due to behavioral issues," Hand said in an email to the Enquirer.

Facebook post produces results in three days

While Banks didn't initiate either of those previous efforts, she said she was aware of them. The bar scene in Northside, like the rest of the neighborhood, is tight-knit. As a bartender and musician herself, Banks hears about what goes on.

She said an announcement about her friend's band playing at MOTR pushed her to speak up and make the call-out post in November.

"We should all be aware of unsafe people and try as hard as we can to keep our comrades safe," Banks wrote.

Between the time her post was made and the evening of Nov. 6, MOTR Pub’s Facebook page received more than 100 reviews. A large majority of the reviews were negative. Leading up to November, the bar’s page had been receiving fewer than five reviews each month.

On the afternoon of Nov. 5, Dan McCabe, a co-owner of MOTR Pub, responded on the thread.

“We are aware of recent conversations and allegations involving MOTR staff. We do not tolerate criminal activity,” McCabe wrote. “We encourage anyone knowing of criminal activity connected to these allegations to contact the local legal authorities.”

He provided a 24-hour crisis hotline for Women Helping Women, a local nonprofit that fights gender-based violence.

Many reacted negatively to McCabe's response claiming the bar had been approached more privately in the months leading up to this post, and no action had been taken. McCabe, however, said he had only learned about the allegations through Banks' Facebook post and subsequent social media chatter.

On Nov. 7, McCabe returned to Facebook and confirmed that Villere and O’Moore were no longer working at MOTR Pub.

“We worked as fast as we could to reach a fair, well-thought-out resolution,” he wrote adding that MOTR Pub has an open-door policy to discuss further making the bar safe for customers.

“We apologize that our first statement came across poorly and hope this one addresses everyone’s concern.”

'They call into an echo chamber for blood'

O’Moore and Villere spoke with The Enquirer. Both said they were not sexual predators or rapists. Public records show they have never been charged or convicted of any crimes of a sexual nature.

“I don’t know how I could possibly vindicate my name at this point,” O’Moore said. “I would really like to clear things up, and I would like to insist that people really consider the content of their posts, especially when it is such a sensitive subject posted publicly.”

Villere echoed those remarks, and said he’s had no chance to defend himself.

“It’s been surreal watching a crowd of strangers and acquaintances transform themselves into judge, jury, and executioner over a crime I never committed,” Villere said. “I lost my jobs to this rumor mill. I loved my jobs, and I was good at them.”

O’Moore said he understands why people feel compelled to join in making posts and reviews, but said he wishes people took more time to seek out the facts.

“These people have hearts and goals in the right place, but they are dehumanizing the issue, and turning a blind eye to facts as they call into an echo chamber for blood,” O’Moore said.

Both men said they appreciate the importance of social media activism, albeit with some caveats.

“I do believe call-out culture is justified, as those without power deserve to have their voices heard. But without any checks and balances, the tool becomes the weapon,” Villere wrote in a statement to Cincinnati.com. “Turning to social media to 'take the power back' via online bullying and harassment ultimately does nothing but leave a new trail of victims in its wake.”

'No black, no white, there's just a ton of gray'

Call-outs and internet campaigns against businesses are becoming more common, said Colleen Devanney, co-leader of the Vorys law firm’s internet defamation group.

“Free speech has been a huge part of this country’s history,” Devanney said. “With the advent of the internet, even in the past five years, it has just completely changed how people communicate and how free speech is spoken and heard.”

She said statements made in 1985 didn't spread as quickly, and false statements made in traditional media were easier to prosecute.

Devanney said the 1996 Communications Decency Act protect sites like Facebook from being held liable for statements made by users. So anyone who suspects defamation must pursue the individuals who made the statement.

In print media like newspapers, the owners of the publication can be held liable for stories written by reporters when information is false and harms someone's reputation.

Devanney said a key to many defamation cases is whether the statement is interpreted as fact or opinion. Opinions are protected by the First Amendment.

If a person writes "John Doe was convicted of murder in 2010 in California," and it is not true, then there is a good case for defamation. On the other hand, if someone says another person made them feel uncomfortable, that’s a protected opinion.

“Anything in the middle gets hard. There’s no black, there’s no white, there’s just a ton of gray,” Devanney said. “The law has not caught up to the advent of the internet or the speed at which word-of-mouth travels.”

'Change rarely is a fluid, easy process'

After MOTR's announcement on Nov. 7, many of the poor reviews for MOTR Pub, some using words like “rapists,” “rape culture” and “rape apologists,” were changed or deleted Banks edited her initial post, leaving the original text, but added new thoughts.

“MOTR is now a safe space and these men are no longer an issue,” she wrote. “Please continue patronizing MOTR because they are a great resource for the music scene.”

Nonetheless, she believes MOTR Pub had been aware of the situation before her Facebook call-out and had time to do something previously.

“As a community, we’re really disappointed with MOTR’s reaction,” she said. “We feel like the only reason they did anything in the first place is because of money.”

Banks said calling out Villere and O’Moore was about standing up against a rape culture and a legal system that doesn't work. The term "rape culture" is defiined by Women Against Violence Against Women as " the ways in which society blamed victims of sexual assault and normalized male sexual violence."

“The thing is you’re not going to be believed. You’re not. The police don’t believe you." Banks said. "Sometimes all you can do is tell other people to be aware.”

McCabe, the MOTR owner, told Cincinnati.com it makes sense for the issue of sexual violence to arise where it did.

“From my perspective, women have long been influencers and champions and heavy hitters within Cincinnati’s music scene,” McCabe said. “I think this is a positive outcome that we’re happy to embrace.

“Let’s be clear, we’re not the victims here. We’re learning. Change rarely is a fluid, easy process,” he said. “The music community, it’s a big family. Within families there are disagreements, and things get shook out, but in the end you can’t choose your family. So let’s get along.”

McCabe didn't stop at the staffing changes. He said Women Helping Women would be providing training and other services for MOTR Pub's staff. The agency's CEO, Kristen Shrimplin, said the staff would be taught how to identify sexual violence, handle disclosures, and where to refer victims. Materials like posters, coasters and table tents will also be provided to educate patrons.

Women Helping Women has spent the last 43 years helping the survivors of sexual assault, domestic violence, dating violence and stalking. Shrimplin uses the umbrella term: “gender-based violence.”

For her, the answer is educating people about what sexual consent really means.

“We’re in a public health epidemic, we’re in a rape culture, and that’s what we need to get away from,” Shrimplin said.