Lawsuit: Racial slur printed on wedding day photo booth pictures

HOUSTON (KTRK) -- A Fort Bend County couple is suing the owner of a photo booth that was at their wedding, claiming he and his company are responsible for the racist photo caption on some of the guests' printed pictures.

The wedding was in August 2012 at a venue in Garden Oaks. The bride and groom, both African-American, hired Premier Photography owned by James Evans to provide an attendant and photo booth at the reception for guests to take photos commemorating the union. The photo caption was supposed to say the couple's first names and date. Instead, for some guests, it said "Poor N***** Party."

"Anybody would find this caption offensive. I'm offended by it. I don't want to say it," Attorney Cathy Hale told Eyewitness News.

Hale represents the couple who have sued Evans and Premier Photography claiming not only breach of contract -- for a memory stick of photos they say they never received -- but also for negligence and mental anguish.

"They trusted this company to provide them with a service on their most important day and what they got was the complete opposite they got a slap in the face. Every time they think about their anniversary, they think about this. It's never going to go away, said Hale

Both Evans and his attorney, Christine Kirchner, declined an on-camera interview but directed us to their responses filed in civil court.

In one filing, they deny all the allegations. In another, they write at a party of 100 people, there is no evidence linking the company to the offensive caption and no evidence of any mental anguish.

Hale disagrees. At the very least she says her clients were hoping for an apology.

Mediation is scheduled for Thursday morning. If no agreement is reached, the case is set for trial in July.