Metro Weekly

Gay Dad Sues Right-Wing Host Who Called Him “Pervert Homo”

Lawsuit stems from posts falsely accusing the gay dad of three of “criminal sexual conduct” for sharing LGBTQ-themed content with his kids.

José Rolón - Photo: Facebook
José Rolón – Photo: Facebook

José Rolón, a gay father and popular social media influencer known as @nycgaydad, has filed a defamation lawsuit against right-wing commentator Stew Peters, who falsely accused him of “criminal sexual conduct” involving his three young children.

Rolón, who has more than 150,000 followers on Instagram and over 500,000 on TikTok, says he was barraged with death threats and vile messages after Peters attacked him online for sharing videos about his life as a single gay dad.

As reported by The Advocate, Rolón’s legal team filed a five-count lawsuit in Kings County Supreme Court accusing Peters of defamation and bias-related intimidation under New York’s Civil Rights Law, citing multiple false statements made against him.

The lawsuit claims Peters fuels engagement among his 1.6 million followers by portraying Christian Americans as being “under attack by Jews, the LGBTQ+ community, and other marginalized groups,” often targeting individuals who represent those communities, such as small-town mayors who allow Pride parades.

Rolón is seeking compensatory and punitive damages, payment of his legal fees, and for Peters to forfeit any financial gains tied to his alleged harassment campaign.

The alleged harassment began after Peters tagged both Rolón and the New York Police Department in an Instagram video last year, urging police to investigate the influencer. In the clip, Peters called Rolón a “creep” and a “pervert homo,” and even demanded his public execution over baseless claims of “criminal sexual conduct” involving his children.

The “sexual conduct” to which Peters appeared to be referring was a post in which Rolón took his children to RuPaul’s Drag Con and purchased what he mistakenly thought were rainbow-colored bracelets, and later realized were cock rings. Rolón shared his embarrassment online. Peters seized on the post, expressing outrage not only over his children’s exposure to drag, but also over a playful family video referencing rainbows and disco balls at their home.

“Some pervert homo has access to at least four kids around the clock,” Peters said, misstating the number of Rolón’s children. “He can take them to drag conventions and then post the evidence, post pictures and videos of criminal sexual conduct … and somehow not end up in jail, or better yet, the gallows.”

After Peters’ post, Rolón received a flood of threats and hostile comments accusing him of “grooming” his children simply for exposing them to LGBTQ content.

At the time, Rolón told The Advocate he was forced to take extra security measures for his family, including changing his work schedule so that only he could pick up his children from school. He said the threat felt especially serious because Peters, in a longer video posted to Rumble, failed to blur his children’s faces, making them identifiable — though shorter Instagram clips did obscure them.

Rather than retreat, Rolón posted his own video calling out Peters’ accusations and anti-LGBTQ rhetoric, labeling his claims as “misinformation” — even as the same clips continued to fuel violent threats against him.

“I had two choices on how to handle @stewpeters,” Rolón wrote at the time. “Ignore it or expose him for what he is, to show the public that real people out there exist.”

Instagram later removed Peters’ video.

Rolón’s attorneys had earlier sent Peters a cease-and-desist letter demanding the removal of all videos mentioning Rolón or his children — a request Peters honored. Now, Rolón appears determined to secure financial compensation for the harm he and his family endured.

Carrie Goldberg, an attorney for Rolón, told The Advocate that “the sort of harassment and incitement my client and his young family suffered may be celebrated online, but a Brooklyn jury will look at it very, very differently.”

Goldberg warned that some viewers of Peters’ videos could be radicalized or act on their own to harm Rolón if they believe the false accusations that he is abusing his children.

“There’s a responsibility that comes with having as far a reach as Peters has,” she said. “Our country has fought hard for First Amendment protections. But free speech never extends to inciting people to harass private citizens or make hoax police reports against them. It just takes one rogue believer to upend a life.”

Read This Week's Magazine

Support Metro Weekly’s Journalism

These are challenging times for news organizations. And yet it’s crucial we stay active and provide vital resources and information to both our local readers and the world. So won’t you please take a moment and consider supporting Metro Weekly with a membership? For as little as $5 a month, you can help ensure Metro Weekly magazine and MetroWeekly.com remain free, viable resources as we provide the best, most diverse, culturally-resonant LGBTQ coverage in both the D.C. region and around the world. Memberships come with exclusive perks and discounts, your own personal digital delivery of each week’s magazine (and an archive), access to our Member's Lounge when it launches this fall, and exclusive members-only items like Metro Weekly Membership Mugs and Tote Bags! Check out all our membership levels here and please join us today!