Court: Prostitute can sue over ‘sophisticated sexpot’ statement

By Cy Ryan

Wednesday, May 12, 2010 | 4:49 p.m.

CARSON CITY – A prostitute is going to get another day in court to prove she never made comments that she was a “sweet sophisticated sexpot” that were attributed to her in a nationally distributed magazine.

The Nevada Supreme Court has ruled that Kim Ton can continue part of her suit against Sheri’s Ranch, a brothel in Pahrump.

The court upheld the ruling of Clark County District Judge Elissa F. Cadish that Ton had signed a release to permit the use of her photograph and name, which were published in the DVD Buzz magazine in 2006.

But the court ruled Ton should have a chance in district court to prove she never made the comment published in the magazine of “Let’s play … I’m a sweet sophisticated sexpot with a petite physique. My energy and Karma is what will keep you glowing weeks after our get together.”

Ton says she never made that statement and never authorized anyone to attribute that statement to her.

In court documents, Ton says she was in desperate need of money to support her parents, brothers and sisters in New Jersey. She said she decided to work in a brothel but didn’t want anybody to know about it. She wanted to use the name of Alexis.

But her name and picture were passed out during at least one Las Vegas convention, she says.

The court said there were contracts signed by Ton that permitted the release of her picture and name and they were “unambiguous.”

The court said, “We conclude, however, that the release agreements did not allow for Sheri’s Ranch to attribute statements to Ton that she did not make.”

The Nevada Supreme Court overturned that part of the summary judgment and sent it back to district court in Las Vegas.

It disagreed with Sheri’s Ranch that the Ton lawsuit was frivolous. It upheld the decision of Judge Cadish not to award attorney fees to Sheri’s Ranch, which also operates under the name of Mid Valley Enterprises.

George Flint, a lobbyist for the Nevada Brothel Owner’s Association, called Sheri’s Ranch a “10-star operation.” He said some customers pay $7,000 to $8,000 a night.