Judge won’t dismiss suit against Charter Communications claiming racism

A U.S. judge refused to dismiss a lawsuit alleging racism was behind Charter Communications Inc.'s refusal to carry channels operated by a Black-owned production studio.

U.S. District Judge George H. Wu of the Central District of California stuck by his tentative decision issued Aug. 27, five months after the U.S. Supreme Court ruled that racial discrimination cases must show race is a main motivating factor in an injury, not just one of them. The case was remanded to the district court, and a second amended complaint was filed in June by the National Association of African-American Owned Media.

The plaintiff presented a circumstantial case for intentional discrimination, Wu ruled. He rejected Charter's argument that legitimate business reasons drove its decision, and are protected by the First Amendment. National Association of African-American Owned Media et al v. Charter Communications Inc. et al., 2:16-CV-609 (C.D. Cal., filed Jan. 27, 2016).

Television producer Byron Allen sued Charter and other cable distributors including Comcast four years ago. Allen alleged he couldn't secure carrier contracts because of his race. Comcast settled.

Wu wrote in his decision that the allegations haven't really changed since the last time he considered them. Charter relied on the high court's view that a plaintiff must ultimately prove that but for race, he wouldn't have suffered such injuries. Wu, however, said he didn't share Charter's view with respect to whether the Supreme Court's decision "effects a sea change to that degree."

"This court previously explained why it was not convinced by Charter's First Amendment argument, and nothing here has changed the Court's perspective," Wu wrote. "The court incorporates its earlier thinking on that issue in full, also acknowledging that the 9th U.S. Circuit Court of Appeals previously agreed with its conclusion though via slightly-different reasoning."

Skip Miller, a partner at Miller Barondess LLP, represents the National Association of African-American Owned Media. He applauded Wu's decision not to throw out the lawsuit.

"I have so much respect for Byron to take on this company, and I look forward to putting witnesses on and trying this case," Miller said.

-- Gina Kim