I don't watch Jersey Shore, I hadn't really paid much attention to it until people start claiming that it was racist because of the way the all-Italian (apparently) cast acts on the show. One of those mind-boggling things because it isn't like they are being made to act in a specific way.
That said, this sounds like a publicity stunt to me. I can't help but wonder if the girl making the complaint is doing so because by creating the contreversy, she's drawing attention to the show and making it even more edgy.
I do not know the state laws there about taking people's pictures in public places, or publically open private places. In most states the protection of artists (public photography being artwork) limits the options of people who are photographed, even if someone makes money off of the pictures. Of course laws are slowly changing in some places given various incidents in the ongoing battles between celebrities and pararazzi .
Truthfully, all that is here is that "The Situation" doesn't think someone is attractive. That's his right, and can say say that in public as much as he wants (it's a free country). It's not even slander or libel because he's speaking for himself and not presenting any untrue information for the purposes of doing harm to someone.
Making money off the game is no differant than say some photographer deciding to "capture the plight of New Jersey's Homeless" and "show them as they are", heading out catching people at their most wretched, and then charging people admission to a showing of their photographs while they talk about their experiences taking them. Homeless people can't come running up and demanding money for it. I remember reading cases many years ago about how it was tried, and apparently this kind of public photography without consent is protected and it's exactly how celebrity photographers get sway with what they do in most places. This is yet another kind of situation though, falling somewhere between the two kinds of issues.
We'll see what happens, but in the end while the guy is being rude (which is the whole point I guess) I don't think anything will come of this. What's more, unless New Jersey has some unsuual state/local laws in play, I stand by the lady probably being a plant to drum up hype because I don't think anyone would have continued to make noise on this long enough to get this kind of attention due to lawyers probably telling her that she doesn't have a case.
Of course understand that I was a Criminal Justice: Forensics major over a decade ago, while I follow legal developments a bit due to my general interests, it has been a very, very long time since I've been in school, and my focus was on criminal aspects of law enforcement, not civil law, and the classes I took were interesting but hardly designed to turn me into a lawyer (rather supporting other things I was learning).
I include that disclaimer due to the fact that I don't want people jumping all over me if I'm wrong, though I don't think I am, and as I said I know very little about New Jersey's state laws.
