A Florida judge has denied Target’s attempt to dismiss a lawsuit alleging that the retailer misled shareholders about the risks associated with its LGBTQ-themed Pride Month merchandise, which faced backlash and a customer boycott.
Publicly traded corporations are required to disclose all potential risk factors in their financial reports, regardless of how unlikely or minuscule they may be.
U.S. District Judge John Badalamenti in Fort Myers ruled that the plaintiffs had presented sufficient information to proceed with claims that Target failed to properly account for social and political risks in its public disclosures.
The lawsuit, filed by investor Brian Craig, accuses Target’s board of prioritizing calls for diversity, equity, and inclusion (DEI) initiatives from activist groups while neglecting the potential for negative reactions to its 2023 Pride campaign.
The controversy arose after Target introduced LGBTQ-themed merchandise for Pride Month in May 2023, which led to confrontations between shoppers and employees, as well as incidents of products being vandalized or thrown to the floor. In response, the retailer removed some items from stores, citing safety concerns amid a nationwide boycott.
Target had urged the court to dismiss the case, arguing that the allegations were unsupported, that it had warned investors about possible backlash related to its DEI policies, and that the lawsuit stemmed from the plaintiff’s disagreement with Target’s business choices.
However, in a ruling on Wednesday, Dec. 4, Judge Badalamenti noted that the plaintiffs had alleged “numerous Federal securities law violations”, and that the case should be heard in court.
Many on social media highlighted that Target was facing the adage of “go woke, go broke”.
Others noted a shift in the social discourse following last month’s presidential election.
