Vast conspiracy that allowed sexual abuse of children alleged in 2nd SC Rockstar Cheer lawsuit

A lawsuit filed in federal court in Greenville Thursday alleges a vast conspiracy in the world of cheerleading involving at least seven companies and nonprofit organizations and Greenville residents Scott and Kathy Foster of Rockstar Cheer that allowed young boys and girls to be sexually abused and in one case raped..

The lawsuit claims the organizations collected millions of dollars from families of minors and turned the other way when presented with evidence the children were being given alcohol and drugs and sexually abused.

The stories of five victims were recounted in the lawsuit.

Named as defendants were Varsity Brands, Varsity Spirit, Varsity Brands Holding Company, Inc. U.S. All Star Federation; Charlesbank CapitalPartners, Bain Capital, Rockstar Cheer & Dance, and the Fosters.

They are accused of violating a variety of federal laws including those designed to protect children from sexual abuse, racketeering, and unfair trade.

The lawsuit alleges their violations amounted to “gross negligence, negligent supervision, and assault/battery.”

The lawsuit says the for-profit Varsity Spirit, which started the non-profit All Star Federation, and their owners, Bain Capital, “established a competitive environment soliciting young athletes to cross state lines with minimal parental or adult supervision, to converge at pre-scheduled locations where the athletes would then be exposed to drugs, alcohol and predatory conduct by adults, including coaches and choreographers, all while publicly representing that Defendants were providing a culture of safety at these same events.”

In one instance, a boy who had been cheering since he was in 6th grade was sent nude photos by Foster, who asked for some of the teen in return. Later, when they were at a competition, the teen performed oral sex on Foster at Foster’s request.

Another boy was subjected to “vulgar” comments by coaches. He said he and other cheerleaders went to the Rockstar House, paid for by the Fosters, where minors drank alcohol and smoked marijuana.

The teen said the training was “sadistic and brutal” and he lived in constant fear of Kathy Foster’s anger.

“These work-outs would last for hours, and would leave Plaintiff John Doe 2 physically weak,” the lawsuit said.

A teenage girl said Scott Foster talked to her for hours about people’s sex lives and asked if she was interested in having sex, specifically anal sex.

Another girl said she was given drugs and alcohol at the Fosters’ home and was touched inappropriately by Scott Foster, who complimented her on her looks.

At a competition, where it was common for multiple people to share hotel rooms, a coach got into bed with her and fondled her, she said. She was 16 years old.

After that, Foster arranged for her to have private lessons with that coach, who instead of training took her to his apartment, gave her alcohol and drugs and raped her. She dropped out of cheerleading after that.

A fourth girl said that at her first out-of-town competition in Atlanta in December 2019, Scott Foster asked her to go back to his hotel room, where he served her alcohol. Within several months, Foster and the teen were seeing each other several times a week to drink and have sex.

The teen felt she would be punished professionally if she denied Scott Foster sex.

“In one text message sent shortly before Defendant Foster’s death, when Jane Doe 4 declined to travel out of town with Defendant Foster, he threatened to change her employment status from salary to hourly,” the lawsuit says.

The lawsuit says Scott Foster was suspended by the federation for giving minors alcohol, but was allowed to continue coaching.

“USASF allows gyms to unilaterally change owners of its certified gyms when there has been an athlete safety issue reported against one of its coaches,” the lawsuit says. “It further does not follow up on the reasoning why these changes are made, who is actually operating the gym, and whether or not a non-eligible coach, even those under criminal investigation, is continuing to work with minor cheer competitors.”

The lawsuit says the federation and other parties were aware or should have been aware of the problems at Rockstar Cheer.

It is the second lawsuit filed against the gym and Foster this week.

On Tuesday, lawyers from Chappell, Smith and Arden of Columbia and Bannister, Wyatt & Stalvey of Greenville alleged Foster spent six months talking to a cheerleader in 2020, sent her nude pictures of himself and asked for nude pictures of her before talking her into performing sex acts with him at his home, in his vehicle, at the gym and in hotels during competitions.

Named as defendants are Foster’s estate and Rockstar Cheer. Foster also gave the girl alcohol, the lawsuit says.

In addition to the civil lawsuits, Foster is the focus of a law enforcement investigation that continues even though he killed himself Aug. 22, attorney James Bannister said. He declined to say what agency was investigating.

Foster, 49, opened Rockstar Cheer in 2007. He was a cheerleading coach at other gyms after he moved to Greenville in 1999 and was a cheerleader at the University of Louisville.

His widow Kathy Foster released a statement earlier this week saying she was “heartbroken by the recent allegations made by current and former athletes from Rockstar Cheer and other cheer gyms across our community.”

“I hope the survivors are seeking and receive the support they need. I am sympathetic to their stories, and will cooperate with all involved to make sure our athletes learn and grow in a safe environment,” she said.

Cheerleading gyms across the country have removed Rockstar Cheer from their names and branding in light of the allegations.

The gym owners said Monday they have no relationship with the Greenville gym other than sharing the name. They said they paid a fee to use the name and branding, but management and operations have been separate from the start.

The gyms are located in Charleston and Columbia as well as in North Carolina, Georgia, Pennsylvania, Rhode Island, Arizona and New Jersey.