Richard Simmons lost Round 1 of his court battle with the National Enquirer when a judge tossed his lawsuit over the tabloid saying the fitness figure was transgender.
According to the New York Daily News, Simmons lawyer Neville Johnson said last week that if the ruling didn’t favor his client, “his side would take the case to a higher court.”
On Friday, said the News, Superior Court Judge Gregory Keosian granted a motion to strike — or toss out — Simmons’ complaint.
“Defendants may file a motion for attorneys’ fees,” Keosian’s order said, referring to The Enquirer’s parent company American Media, publisher David Pecker, sister publication Radar Online and photo agency Coleman-Rayner.
Simmons filed a libel suit in May against the National Enquirer, Radar Online and their publisher over stories headlined “Richard Simmons: He’s Now A Woman.”
The stories claimed the fitness guru was undergoing a sex change, with the lawsuit alleging Simmons was being blackmailed by a former associate who peddled bogus information.