The Supreme Court agreed to hear an appeal from two of the nation’s largest cable TV firms and decide whether they can be sued under the nation’s oldest civil rights law for having refused to carry the programs of an African American-owned network.
Jennifer Lucas and Byron Allen attend the 26th annual Race to Erase MS on May 10 in Beverly Hills.
Byron Allen, a comedian, entrepreneur and owner of Los Angeles-based Entertainment Studios Networks, said he repeatedly contacted Comcast and Charter Communications over several years seeking to have seven of his channels carried on those cable networks. , ruling the cable firms could be held liable if racial bias was “a motivating factor” in their refusal to do business with Allen’s firm, even if it was not the deciding factor or the actual cause.Adopted by the Reconstruction Congress, it said “all persons … shall have the same right” to “make and enforce contracts … as is enjoyed by white citizens.”, ruling that plaintiffs must prove that illegal bias was the actual cause of an employer’s decision to fire or not hire someone.
Both firms urged the Supreme Court to hear the case and to rule that a federal civil rights suit requires proof of actual discrimination. This is referred to as “but-for causation,” meaning the decision would not have been made but for racial bias.
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