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Supreme Court Sides with Comcast in Discrimination Dispute Against Byron Allen

NNPA NEWSWIRE — 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.

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The Supreme Court’s justices have unanimously decided to send the case back to the 9th U.S. Circuit Court of Appeals in San Francisco. (Photo: iStockphoto / NNPA)

By Stacy M. Brown, NNPA Newswire Senior Correspondent
@StacyBrownMedia

In a decision issued online Monday, March 23, over entrepreneur and media mogul Byron Allen’s Entertainment Studios Networks in a discrimination lawsuit against Comcast, the Supreme Court’s justices have unanimously decided to send the case back to the 9th U.S. Circuit Court of Appeals in San Francisco. The lower court will now determine whether or not is should reconsider Allen’s claims in his $20 billion suit.

In an Op-Ed for BlackPressUSA.com, Maurita Coley, President and CEO of the Multicultural Media, Telecom, and Internet Council (MMTC) explains, “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.”

The Supreme Court filing, Comcast Corp vs. NAAAOM, was the result of an appeal by Comcast of the 9th Circuit’s decision.

Comcast argued that the Section 1981 ban can only be interpreted as requiring “but for” causation. It argued that everyone must have “the same right” as white citizens “to make and enforce contracts.”

Comcast assured the justices that reasons that have nothing to do with race, such as a lack of bandwidth, and its decision to focus on news and sports content, were the basis of their decision not to carry ESN’s channels. Moreover, Comcast noted it had, for many years, carried numerous other African American-owned networks.

ESN countered that Comcast’s position would prohibit a plaintiff who alleges that race was a motivating factor for the refusal to contract from conducting fact-finding discovery on the claim, no matter how strong the evidence of racism, unless the plaintiff could meet the stringent requirement of plausibly alleging that race was the ‘but-for’ cause of the refusal to contract.

That, ESN reasonably insists, is an extremely high and difficult hurdle because “the defendant typically is the only party with access to evidence of the defendant’s motives.”

On Monday, Comcast released the following statement, “We are pleased the Supreme Court unanimously restored certainty on the standard to bring and prove civil rights claims. The well-established framework that has protected civil rights for decades continues. The nation’s civil rights laws have not changed with this ruling; they remain the same as before the case was filed.

“We now hope that on remand, the 9th Circuit will agree that the District Court properly applied the law in dismissing Mr. Allen’s case three separate times for failing to state any claim.

“We are proud of our record on diversity and will not rest on this record. We will continue to look for ways to add even more innovative and diverse programming that appeals to our diverse viewership and continue our diversity and inclusion efforts across the company.”

NNPA attempted to contact Byron Allen’s attorneys for a statement. However, at the time of this writing, neither Allen nor his attorneys have provided any comments.

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Youth-Led Black August Event Brings Past to Present at East Oakland Boxing Association

The mission of Youth Alive! Is to “break the cycle of violence, heal trauma, and uplift a thriving community of leaders, to save lives in Oakland and beyond” by serving “as mentors, youth leaders, counselors, case managers, intervention specialists and violence interrupters,” working “to help violently wounded people heal themselves and their community.”
The post The mission of Youth Alive! Is to “break the cycle of violence, heal trauma, and uplift a thriving community of leaders, to save lives in Oakland and beyond” by serving “as mentors, youth leaders, counselors, case managers, intervention specialists and violence interrupters,” working “to help violently wounded people heal themselves and their community.” appeared first on BlackPressUSA.

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Youth-Led Black August Event Brings Past to Present at East Oakland Boxing Association

The East Oakland Boxing Association (EOBA) and Youth Alive! came together on Aug. 21 to share with their community all that Black August means to them.

Held on EOBA’s patio at 816 98th Ave. in Deep East Oakland, the two organizations hosted their second annual Black August Experience, featuring a food tasting, financial literacy and mindfulness workshops, and voter registration with the League of Women Voters Oakland (LWV).

Black August is known as a time to uphold the legacy of prisoners who protested their conditions by fasting, fighting, and educating themselves on the economic and political circumstances that contributed to their incarceration.

According to its website, “EOBA is a multi-service youth and community development hub that goes far beyond the ring. While rooted in the discipline of boxing, for nearly 40 years EOBA has also integrated robust programs in workforce development, food justice, afterschool enrichment, financial literacy, mentorship, and wellness.”.

The mission of Youth Alive! Is to “break the cycle of violence, heal trauma, and uplift a thriving community of leaders, to save lives in Oakland and beyond” by servingas mentors, youth leaders, counselors, case managers, intervention specialists and violence interrupters,” working “to help violently wounded people heal themselves and their community.”

Through Coro California, another leadership organization serving young people across the state for 80 years, they gained a broader understanding of Black August.

EOBA Executive Director Dawna Williams spoke about how much she learned about Black August from the youth who created it. “I let them educate me,” she said. Instead of talking about prison reform and mass incarceration, Williams and youth interns found that Black August meant so much more. “We would have done a disservice if we had just focused on who the people were and what their situation was…We tried to take their message from back in the day and make it relevant to the young people today. What do they need to know?”

Youth interns created and placed posters around the patio to help participants understand how traditional Black foodways, civic engagement, financial literacy, and the power of education are relevant to Black resistance today.

An EOBA member described Black August with Youth ALIVE! as “a whole vibe. “This year we added the Fun Zone for the kids, because you really cannot go wrong with a Fun Zone. I also loved seeing everyone chillin’ in the outdoor lounge, catching some Vitamin D and just enjoying a Friday evening together.”

The food tasting, a popular event from last year, featured traditional Black foods such as black-eyed peas, johnny cakes, and fried chicken. Led by Williams, the tasting included a talk about how these traditional foods were made and why they are forms of Black resilience.

The “‘Plate of History’ was a favorite of the online writers. “Fun, educational, and did I mention delicious? Our Taste of History cook, Angela Southall, served up some good eats while connecting food to history and culture.”

The writer also commended the “League of Women Voters Oakland for their civic leadership and for getting our young people informed, ready, and registered to vote.”

Overall, it was a “good Friday event in East Oakland,” the writer said.

Upcoming Black August events: Building Opportunities for Self-Sufficiency (BOSS), will host “Black August: The Arc of Liberation” at Oakland City Hall on Sat. Aug. 29, from 11 a.m. to 3 p.m.

The websites for East Oakland Boxing Association, Youth Alive! and CORO are sources for this report.

Jana Lang is an Oakland resident, teacher, gardener and poet participating in the Propel News Initiative.

The post The mission of Youth Alive! Is to “break the cycle of violence, heal trauma, and uplift a thriving community of leaders, to save lives in Oakland and beyond” by serving “as mentors, youth leaders, counselors, case managers, intervention specialists and violence interrupters,” working “to help violently wounded people heal themselves and their community.” appeared first on BlackPressUSA.

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EV Home Charging Warning: What Dealerships Won’t Tell You! #shorts

Is your home EV charging setup ready? Dealerships may not warn you about critical outlet and circuit needs. Find out before you plug in!
The post EV Home Charging Warning: What Dealerships Won’t Tell You! #shorts appeared first on BlackPressUSA.

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Dealerships won’t tell you: charging this big battery at home isn’t always simple. Verify your outlet capacity, circuit, and setup before assuming level one or basic outdoor outlets will suffice.

🔗 Watch the full video: https://youtu.be/A9Cd2SspoaQ

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The post EV Home Charging Warning: What Dealerships Won’t Tell You! #shorts appeared first on BlackPressUSA.

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Car Buying Secrets: Dealership Traps & How to Avoid Them #shorts

Don’t get tricked at the dealership! Learn essential car buying secrets to secure the best deal and avoid hidden traps.
The post Car Buying Secrets: Dealership Traps & How to Avoid Them #shorts appeared first on BlackPressUSA.

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Before stepping into a dealership, secure bank pre-approval for your financing rate. Then, get the out-the-door price in writing. Never discuss monthly payments until that number is fixed. Test road noise and rear visibility yourself. Decline add-ons with a simple ‘Not today’. Check backseat space with your tallest household member.

🔗 Watch the full video: https://youtu.be/maAOBjO1puY

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The post Car Buying Secrets: Dealership Traps & How to Avoid Them #shorts appeared first on BlackPressUSA.

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