On August 8, 2023, America First Legal (AFL), a conservative legal organization led by former Trump adviser Stephen Miller, filed a lawsuit against retail giant Target. The lawsuit was filed on behalf of an investor named Brian Craig, who owns 216 shares in the company. The crux of the lawsuit is the allegation that Target misled its shareholders about the potential financial risks associated with selling LGBTQ-themed merchandise during Pride Month in June.
The controversy began when Target decided to sell over 2,000 products as part of its Pride collection, which included items from the Abprallen brand, owned by London-based transgender designer Erik Carnell. However, the retailer faced intense backlash from some customers and conservative groups, leading to confrontations between shoppers and employees, and incidents of Pride merchandise being thrown on the floor. In response to this backlash, Target decided to pull some items from its Pride collection both in-store and online.
The lawsuit alleges that Target's board misrepresented its oversight of "social and political risks" to the company. It argues that the board focused on the wishes of progressive activist investors and failed to account for potential backlash from customers. According to AFL, Target gave investors information that led them to assume it was assessing political and social risks when it was not.
The backlash against Target's Pride collection and the subsequent removal of some items resulted in a significant financial loss for the company. Between May 18 and 28, Target lost $10 billion in market valuation. The lawsuit seeks damages for the decline in Target's share price caused by the consumer reaction and for a judge to rule that the company violated U.S. securities laws.
This case highlights the ongoing tension between corporations' efforts to support social issues such as LGBTQ rights and the backlash they can face from certain segments of the public. It also raises questions about the responsibilities of companies to their shareholders when making decisions related to social and political issues. As of now, Target has not publicly responded to the lawsuit.
