Entertainment Studios Defends Amended Complaint as Making Valid Claim
Federal code prohibiting racial discrimination in contracts requires showing only that race played a motivating factor in conduct, and that Entertainment Studios Networks was told Comcast wouldn't carry it because it "was not trying to create any more [BET founder]…
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Bob Johnsons" is direct evidence of that, ESN and the National Association of African American Owned Media said Monday in a filing (in Pacer) in U.S. District Court in Los Angeles. The 22-page filing was in opposition to Comcast's motion to dismiss the amended ESN/NAAAOM lawsuit against it alleging racially motivated carriage discrimination (see 1607120051). ESN/NAAAOM said Comcast claimed it lacked bandwidth to carry ESN channels but then launched "lesser-known, white-owned" networks such as Fit TV and Inspirational Network. ESN/NAAAOM also said Comcast's argument that it had legitimate, nondiscriminatory reasons for not opting for carriage is suited for summary judgment or trial. ESN/NAAAOM also challenged Comcast's cited court decisions that support its affirmative defense that the First Amendment protects its decisions on what channels to carry, saying one of those decisions -- 2013's Comcast v. FCC by the U.S. Court of Appeals for the D.C. Circuit -- didn't reach Comcast's First Amendment defense and reversed the administrative decision on the grounds the FCC didn't meet its evidentiary burden. In its opposition, ESN/NAAAOM also claimed evidence of racial bias in that Comcast's Universal Studios reduced the number of ESN invites to press events for movies predominantly cast with African-Americans such as Get on Up and Straight Outta Compton. Comcast didn't comment Tuesday.