Comcast Hasn't Shown Cause for Appeal's Dismissal, ESN/NAAAOM Say

Comcast's arguments that assertions of racial discrimination aren't genuine aren't proper arguments to support a civil procedure motion for dismissal, said Entertainment Studios Networks and the National Association of African American Owned Media in a reply brief (in Pacer) Friday with the 9th U.S. Circuit Court of Appeals. They said Comcast arguments against an ESN/NAAAOM conspiracy claim are a red herring since they dropped that claim and are focusing on Comcast's discriminatory treatment of ESN and its owner, Byron Allen, in programming decisions. It said the few African-American-owned channels Comcast carries are exceptions and therefore evidence of its racial bias. Comcast didn't comment Monday. ESN/NAAAOM are appealing a lower court's 2016 dismissal of a racial discrimination claim against Comcast (see 1704170017) and are pursuing a similar claim against Charter Communications (see 1610260069).