New York Post

Big whack at Byron

Weather Channel boss’ bias suit vs. McD’s tossed

- By LISA FICKENSCHE­R

A judge on Wednesday tossed Weather Channel owner Byron Allen’s $10 billion discrimina­tion lawsuit against McDonald’s.

The media mogul accused the fast-food empire of racial discrimina­tion for what he said was its deliberate decision not to advertise with black-owned media outlets, including his AMG Entertainm­ent Studios and Weather Group.

US District Judge Fernando Olguin in Los Angeles wrote in his decision that he was “skeptical” about the facts in the case.

“In short,” he wrote, the complaint “fails to allege sufficient facts that would support an inference that defendants intentiona­lly and purposeful­ly discrimina­ted against them.”

The comedian-turned-media mogul claimed in the lawsuit, filed in May in LA federal court, that McDonald’s gives less than $5 million of its roughly $1.6 billion annual television advertisin­g budget to black-owned media despite the fact, the suit claimed, that black consumers represent some 40 percent of McDonald’s US sales.

On the same day Allen filed his complaint, McDonald’s announced an initiative to increase its marketing budget from 4 to 10 percent with businesses owned by black, Hispanic, Asian Pacific-American, women and LGBTQ-owned platforms.

McDonald’s is also facing a growing chorus of complaints and litigation from black franchisee­s who claim the world’s largest restaurant company deliberate­ly steered them to open outlets in poor and unprofitab­le neighborho­ods.

McDonald’s has denied those allegation­s.

McDonald’s lawyer Loretta Lync, said in a statement on the Allen suit: “This case is about revenue, not race, and was dismissed because plaintiffs have provided absolutely no factual basis for their claims.”

Allen has 10 days to file an appeal, according to the order. Louis “Skip” Miller, Allen’s attorney, said his team would amend the complaint against McDonald’s to add greater detail. “And when we do so, we firmly believe the case will go forward,” Miller, a partner at law firm Miller Barondess, said in a statement to The Post.

It’s not the first time Allen has sued over racial discrimina­tion. Last year, his battle with Comcast over its refusal to air his cable channels went to the Supreme Court. Although he lost the case, the cable giant made concession­s.

 ?? ?? Comedian-turned-media mogul Byron Allen accused the fast-food giant of discrimina­tion for spending only a small fraction of its $1.6 billion annual advertisin­g budget on black-owned media.
Comedian-turned-media mogul Byron Allen accused the fast-food giant of discrimina­tion for spending only a small fraction of its $1.6 billion annual advertisin­g budget on black-owned media.

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