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OP-ED: What’s at Stake in Byron Allen’s Supreme Court Showdown with Comcast

NNPA NEWSWIRE — If the Supreme Court gets to decide this case, it seems very likely that – at a minimum – the court will choose the “but for” standard that is currently used in most jurisdictions outside the 9th Circuit. That would be a major setback to the civil rights community’s advocacy for establishing nationwide the 9th Circuit’s broader “motivating factor” standard. It’s even conceivable that this conservative Supreme Court could go even farther, exploiting the facts of Mr. Allen’s private contract claim to justify an even more regressive outcome by applying the “but for” standard in EEO retaliation, fair housing, voting rights, or other claims.

Published

6 years ago

November 13, 2019

Oakland Post

By Maurita Coley, President and CEO of the Multicultural Media, Telecom, and Internet Council (MMTC)

The U.S. Supreme Court will hear arguments today in a suit between Comcast and Byron Allen, a prominent African American programming executive. What began as a fairly routine television carriage dispute has turned into risky gambit that may give the court’s conservative majority an opportunity to roll back fundamental civil rights protections.

The lawsuit arose out of Comcast’s decision several years ago not to carry several Allen-owned television channels, such as Pets.TV and Recipe.TV. Comcast has argued its rejection of Allen’s channels was purely a business decision, reflecting what it viewed as the channels’ limited audience appeal. Allen then promptly filed a $20 billion lawsuit against Comcast, alleging that the company’s refusal to contract with Allen’s company was racially motivated, in violation of Section 1981 of the Civil Rights Act of 1866.

District Court Judge Terry Hatter – a well-respected African American judge with an apparently strong record on civil rights – dismissed the case three times, finding that Allen had not established a plausible argument that Comcast would have contracted with his company “but for” Allen’s race.

Allen appealed to the 9th Circuit, which remanded Judge Hatter’s dismissal with a new guideline to the lower court that a plaintiff can state a viable claim under Section 1981 if discriminatory intent plays any role in a defendant’s decision not to contract, regardless of whether race discrimination was a “but for” cause of that decision. Comcast petitioned the Supreme Court to review the 9th Circuit’s decision, and the Supreme Court agreed; oral argument is scheduled for Nov. 13, 2019.

Carriage disputes between cable operators like Comcast, and programming content providers like Byron Allen, are exceedingly common. In my more than 30 years in the industry, I’ve represented both sides – networks seeking distribution and distributors seeking content – and in the early days of cable, I even represented minority-owned distributors such as Barden Cablevision of Detroit, and minority-owned programmers such as Black Entertainment Television.

In my experience, this Comcast-Allen case doesn’t fit the usual framework for a race discrimination case. As best I can surmise, Allen’s channels are not ethnically or culturally diverse; he claimed the alleged race discrimination was that, “but for” the fact that his channels are black-owned, his channels would have been carried because Comcast was already carrying similar white-owned food and pet-themed channels. His suit rejected Comcast’s defense that its decision not to carry his channels was not racially motivated, saying that it had other non-racial reasons, such as better ratings, higher-quality programming, or other business considerations for not carrying the channels owned by Allen.

In any event, the parties were not able to resolve their content carriage dispute, and now this case, which started as a private contract dispute, now puts at risk the civil rights enjoyed by all Americans, because a conservative Supreme Court majority hostile to civil rights has a chance to fundamentally re-examine Section 1981. The court will get to decide – not just for this case, but in a precedent that will impact all future discrimination cases – whether a plaintiff must prove that intentional race discrimination was the decisive factor in a decision (the “but for” standard of proof), or whether race just needs to be one factor in the decision (the 9th Circuit’s “mixed motive” standard, which civil rights leaders strongly support).

If the Supreme Court gets to decide this case, it seems very likely that – at a minimum – the court will choose the “but for” standard that is currently used in most jurisdictions outside the 9th Circuit. That would be a major setback to the civil rights community’s advocacy for establishing nationwide the 9th Circuit’s broader “motivating factor” standard. It’s even conceivable that this conservative Supreme Court could go even farther, exploiting the facts of Mr. Allen’s private contract claim to justify an even more regressive outcome by applying the “but for” standard in EEO retaliation, fair housing, voting rights, or other claims.

Civil rights groups such as NAACP have jumped into this case, filing amicus briefs that seek to convince the court not to embrace the “but for” standard. What I suggest now is that the civil rights groups try to persuade both parties to help get us out of this precarious place in history. To do that, it’s essential that Allen withdraw his $20 billion lawsuit, and that Comcast withdraw its petition for certiorari to the U.S. Supreme Court — ideally before the Nov. 13, 2019, oral argument or soon after.

Given Allen’s huge success as an African American businessman, these channels cannot be so important to him that it’s worth placing all of our civil rights at risk. Likewise, Comcast, which ranks No. 2 on Fortune’s list of 100 best workplaces for diversity and has one of the strongest records of programming diversity in the industry, should demonstrate those values by withdrawing its petition for Supreme Court review if Allen also agrees to step back from the ledge.

Both parties should close their eyes, take a leap — and hold their noses if they must — but do their part to take this case off the docket of a deeply conservative court. Otherwise we might all find ourselves facing an uncertain future, stripped of key civil rights protections.

No contract or channel is worth the risk.

The op-ed was first published in the Morning Consult on November 13, 2019.

Maurita Coley, a veteran communications attorney and former executive at BET Networks, serves as president and CEO of the Multicultural Media, Telecom, and Internet Council.

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OP-ED: How heavy a burden does a person of color alleging discrimination have to carry to have his day in court?

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As Arguments Begin, Civil Rights Leaders Urge Supreme Court to Uphold One of the Nation’s Oldest Anti-Discrimination Statutes

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2026 Lucid Air Grand Touring Review — Is This $136K EV Sedan Worth It?

AUTONETWORK ON BLACKPRESSUSA — Finished in Stellar White Metallic with the Tahoe Grand Touring interior, this Lucid makes a strong first impression. The shape is sleek and low, but it still feels elegant instead of trying too hard. Features like soft-close doors, powered illuminated door handles, 20-inch Aero Lite wheels, and the Glass Canopy Roof help the car feel expensive before you even start it.

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6 days ago

May 3, 2026

Oakland Post

The 2026 Lucid Air Grand Touring is the kind of luxury EV that makes people stop and ask a simple question: Is this really better than a Tesla Model S, Mercedes EQS, or BMW i7? At $136,150, it has to do more than look futuristic. It has to feel special every time you get in it.

Finished in Stellar White Metallic with the Tahoe Grand Touring interior, this Lucid makes a strong first impression. The shape is sleek and low, yet it still feels elegant rather than trying too hard. Features like soft-close doors, powered illuminated door handles, 20-inch Aero Lite wheels, and the Glass Canopy Roof help the car feel expensive before you even start it.

Inside is where the Air Grand Touring really makes its case. The 34-inch Glass Cockpit Display and retractable Pilot Panel screen give the cabin a clean, modern look that still feels different from other EVs. The Tahoe Extended Leather and Lucid Black Alcantara headliner lifts the sense of occasion, and the front seats are a highlight. They are 20-way power-adjustable, heated, ventilated, and include massage. That matters because luxury buyers at this price expect comfort first.

Rear passengers are not ignored either. You get 5-zone heated rear seating, a rear center console display, and power rear and rear side window sunshades. Add in the Surreal Sound Pro system with 21 speakers, and the Air feels like a true long-distance luxury sedan.

Lucid also gives this car serious EV hardware. The dual-motor all-wheel-drive system, 900V+ charging architecture, and Wunderbox onboard charger are big talking points. Buyers in this segment care about range, charging speed, and everyday ease, not just raw performance. That is where the Lucid continues to stand out.

On the technology side, the Air Grand Touring includes DreamDrive Premium, with 3D Surround View Monitoring, Blind Spot Warning, Automatic Park In and Out, Automatic Emergency Braking, and a Driver Monitoring System with distracted and drowsy driver alerts. This one also has DreamDrive Pro, which adds future-capable ADAS hardware.

There are still some real-world annoyances. Based on your notes, the windshield wiper control is hard to find and use, and that matters more than people think in a high-tech car. When controls become less intuitive, even a beautiful interior can feel frustrating.

Still, the 2026 Lucid Air Grand Touring succeeds where it matters most. It feels luxurious, advanced, comfortable, and thoughtfully engineered. For buyers who want an EV sedan that feels truly premium and less common than the usual choices, this Lucid makes a very strong case.

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Snoop Dogg Celebrates 10 Til’ Midnight at the Compound

LOS ANGELES SENTINEL — The album is paired with a film that stars Snoop Dogg, Hitta J3, G Perico, and Ray Vaughn, and one of the strongest elements of the whole project is that the production stayed rooted right here in Los Angeles.

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6 days ago

May 3, 2026

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Snoop Dogg celebrated the premiere of 10 Til’ Midnight at his Inglewood recording studio & multipurpose facility, The Compound, but the night felt like much more than an album release. It felt like Los Angeles. It felt like legacy. And it felt like another major move from one of the city’s greatest cultural architects as he continues to prove that he is not just dropping music — he is building moments, shaping narratives, and pushing the culture forward in real time.

What made the event so powerful was the clarity behind the vision. During a panel conversation with DJ Hed, Snoop opened up about the heart behind 10 Til’ Midnight, explaining that the project was created to help bridge older and younger generations while also speaking to the long-standing divisions between Bloods and Crips in a unique way through film. That alone gave the project a different kind of weight. This was not just about songs. This was about using creativity as a tool for connection. This was about taking a story rooted in Los Angeles and telling it in a way that could bring people together.

Snoop Congratulated By Rapper & Fellow 10 Til Midnight Cast Member G Perico (CreativeLB/KreativeKapturez)

The album is paired with a film that stars Snoop Dogg, Hitta J3, G Perico, and Ray Vaughn, and one of the strongest elements of the whole project is that the production stayed rooted right here in Los Angeles. The film was shot in the city, including at WePlay Studios in Inglewood, which gave the entire project an even deeper hometown feel. It was not just a West Coast story in content — it was a Los Angeles-made production from the ground up.

That matters because, in a city like this, authenticity still carries weight. Snoop understands how to make sure that what he creates does not just represent Los Angeles on the surface, but actually comes from it.

What also makes 10 Til’ Midnight significant is that it represents another major step in Snoop’s evolution as both an artist and executive. Public reporting around the project identifies it as his 22nd studio album, but the bigger story is what it represents in this season of his life. This is one of several consecutive moves he has made in his 50s that show he is still building, still expanding, and still finding new ways to reinvent what the next chapter looks like.

Snoop Dogg at the Premiere of 10 Til Midnight (CreativeLB/KreativeKapturez)

Now, as the head of Death Row Records and the newly aligned leader of Death Row Pictures, he is taking the brand into a new dimension. That is what made this moment feel bigger than music. Snoop is not just protecting the legacy of Death Row — he is stretching it. He is expanding it beyond records and into film, visual storytelling, and larger creative worlds that can continue carrying the label’s impact forward. Public reporting has noted that this project arrives as part of that broader cinematic push.

That is a major Los Angeles move because the city has always been built on the intersection of music, film, neighborhood identity, and cultural storytelling. With 10 Til’ Midnight, Snoop is leaning all the way into that intersection.

The room at The Compound reflected that. It felt like a private premiere, but it also felt like a statement — a reminder that Snoop Dogg’s staying power has never been based only on nostalgia. It comes from his ability to remain connected, remain visionary, and remain in tune with how to move the culture without losing the essence of who he is.

That is why this premiere mattered. It was not just about celebrating another album. It was about witnessing a Los Angeles legend continue to evolve, continue to unify, and continue to use art to tell stories that hit deeper than entertainment alone.

In that sense, 10 Til’ Midnight became more than a project launch. It became another example of how Snoop Dogg is still taking Los Angeles to the next level — using music, film, and legacy together to build something bigger than a moment.

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OP-ED: Small Businesses Need Minnesota to Act on Pass-Through Tax Policy

MINNESOTA SPOKESMAN RECORDER — A Twin Cities immigrant entrepreneur who built several businesses including grocery stores in underserved neighborhoods is calling on Minnesota lawmakers to extend the Pass-Through Entity tax option before it expires, warning that its loss would hit small businesses already recovering from Operation Metro Surge with higher federal tax bills.

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6 days ago

May 3, 2026

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A Twin Cities Small Business Owner Is Urging Minnesota to Extend a Tax Policy That Could Save Thousands of Businesses

By Daniel Hernandez | Minnesota Spokesman Recorder

I came to the United States as a teenager with a clear goal: to build something meaningful through hard work. I put in long days in construction, restaurants, and landscaping; doing whatever it took to learn, save, and eventually start my own business.

Over time, I built and ran several successful ventures, including an event photography company, a magazine, a tax and accounting firm, and now grocery stores serving neighborhoods across the Twin Cities where other retailers chose not to invest. I’ve created jobs, supported families, and committed to communities that deserve stability and opportunity.

That’s why I’m speaking out now.

Small business owners in Minneapolis and the communities we serve are recovering from serious disruptions, including the impacts of Operation Metro Surge. That event hit immigrant communities especially hard. In my own case, I lost nearly half of my 60 employees and saw revenue drop by about 85%. While I worked to provide competitive wages, health benefits, and paid time off, the real hardship fell on the people who lost their jobs and income.

Even as we rebuild, small businesses are facing another challenge. The Minnesota Legislature is considering letting an important tax policy expire: the Pass-Through Entity tax option.

Here’s what that means in plain terms.

Many small businesses, including mine, are pass-through businesses. That means the business itself doesn’t pay income tax. Instead, the owners report the income on their personal tax returns. But under current federal rules, there’s a limit on how much state tax we can deduct. That often leads to higher federal tax bills.

The Pass-Through Entity option fixes that. It allows the business to pay the state tax directly, which means the business can fully deduct those taxes on its federal return and lower the total amount of income taxed federally. The result is straightforward: small business owners pay less in federal taxes, without reducing what the state collects.

This policy is not new or controversial. Thirty-six states already offer it. It doesn’t cost Minnesota anything, it’s revenue neutral. And it benefits more than 66,000 businesses across the state.

In a state where the cost of doing business is already high, it’s hard to understand why we wouldn’t offer the same basic tax treatment as states like California and Illinois.

Small businesses have carried a heavy load in recent years, through a pandemic, rising costs and public safety disruptions. We’ve adapted, reinvested and stayed committed to our communities. What we need now are practical policies that support that work, not make it harder.

If the Minnesota House does not act soon, many businesses will face significantly higher federal tax bills. That’s money that could otherwise be used to hire workers, raise wages or reinvest in local neighborhoods.

I urge Gov. Tim Walz and members of the House Tax Committee to pass House File 3127 and extend the Pass-Through Entity election.

Small businesses are the backbone of our communities. We’ve proven our resilience. Now we need our state leaders to show the same commitment to us.

Daniel Hernandez is the owner of Colonial Market located at 2100 E. Lake St.

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