Oh no, he definitely won the case. That was (past tense, so far as I’m concerned) Avellone issue #1. Non-issue to me except in that it showed poor judgement.
Separate issue #2, does sending a stupid drunk sext followed by an immediate apology justify blackballing him? That’s up to personal opinion. I say no, but it does evidence more poor judgement.
Third issue with this surprisingly eventful man’s life has to do with publicly badmouthing his former coworkers and naming names, and that’s a different story. I wouldn’t hire anyone who do that unless it’s disclosing an abusive or even dangerous scenario and a whistleblower type thing, which this wasn’t. Not only is it unprofessional-- it’s not worth the risk.