Charter loses another round in racial discrimination case by Byron Allen.
The court has again denied Charter’s appeal to dismiss the claim by Byron Allen’s Entertainment Studios that the cable operator’s “refusal” to enter into a carriage contract with the programmer was racially motivated.
Charter appealed the decision made in November by the three-judge panel that Allen, (joined by the National Association of African American-Owned Media) had at least made a plausible case of discrimination against Charter.
This week’s decision forecloses an appeal to the full Ninth Circuit, and this will see the case going to court.
In a statement after the ruling, Byron Allen, the Founder/Chairman/CEO of Entertainment Studios stated:
” Comcast and Charter are wrong by pursuing a legal defense that the First Amendment allows them to discriminate.”
We are very pleased with the ruling by the Ninth Circuit to uphold their decisions in our favor for a second time. If Comcast and Charter want to pursue the Supreme Court, we are highly confident that the Supreme Court will affirm the Ninth Circuit and support these historic legal decisions. Unfortunately, Brian Roberts of Comcast and Tom Rutledge of Spectrum/Charter have refused my offers to sit down to discuss these very serious matters. Now, we have no choice but to enter the discovery phase to depose all of their executives and business associates, as well as receive all of their correspondence/emails and contracts, to prove our cases in front of a jury.
Every American, elected official, civil rights organization, and the Department of Justice should be offended that the largest cable companies in the U.S. pursued a legal defense that the First Amendment allowed them to discriminate against ANY American. Comcast’s and Charter’s shareholders and Board members should find this immoral, unacceptable, and be concerned that these companies will be held fully accountable because this has officially become very serious business.”
“We will continue to win these cases because we are on the right side of history. As the Bible has taught us, what is done in the dark will come to light.”