A federal judge in California has ruled that media mogul Byron Allen’s $10 billion racial discrimination lawsuit against McDonald’s may proceed to trial.
In what US District Judge Fernando M. Olguin said was a “close call,” the court found that Allen’s claims that the fast-food chain engaged in “racial stereotyping” by not advertising with black-owned media would best be addressed by a jury.
“At a minimum, this is the type of case where the trial court is permitted, in its discretion, to deny even a well-supported motion for summary judgment, if it believes the case will benefit from a full hearing,” Olguin ruled in a 25-page order.
The lawsuit alleges that McDonald’s violated federal and California civil rights laws by deeming Allen’s networks ineligible for the “vast majority” of its advertising dollars.
Allen accused McDonald’s of relegating his Entertainment Studios Networks, Inc. and Weather Group LLC, which owns the Weather Channel, to an “African American tier” with a separate black-focused ad agency and much smaller ad budget, depriving them of tens of millions of dollars of annual revenue.
The lawsuit claims Allen and his companies had requested to be clients for McDonald’s larger advertising arm, but were relegated to the smaller black-only agency because Allen is black, which Entertainment Studios called “blatant and pernicious discrimination.”
According to the complaint, about 40% of McDonald’s customers are black, but the company spent less than $5 million of its $1.6 billion advertising budget in 2019 on black-owned media.
“McDonald’s, like much of corporate America these days, publicly touts its commitment to diversity and inclusion, but this is nothing more than empty rhetoric,” the complaint states.
The lawsuit was filed in 2021 on the same day McDonald’s announced it would boost its national ad spending on black-owned media to 5% from 2% by 2024, and also increase spending on Hispanic-, Asian-American-, women- and LGBTQ-owned platforms.
Allen welcomed Olguin’s decision in a statement to theGrio.
“We have overwhelming evidence against McDonalds who has been sued by its Black executives, Black franchisees, and their global head of security for racial discrimination,” Allen said. “It is time for the McDonalds Board of Directors, stockholders, and civil rights organizations nationwide to call for the resignation of CEO Chris Kempczinski, who was caught sending racist text messages about Black and Hispanic people.”
In a statement, the McDonald’s Corporation said the judge’s decision simply meant that neither party had met the high standard for dismissal at this stage of the proceedings.
“We are prepared to show that this case is utterly baseless. McDonalds invested in media properties that aligned with the companys business strategy and, like any other rational business, declined to invest in those that had low ratings or failed to reach the companys target audiences,” it said.
Sir Ed Davey has written to King Charles to explain why he believes he has to refuse his invite to a state banquet for Donald Trump.
The Lib Dem leader said on Wednesday he will be boycotting the dinner next month during the US president’s second state visit to the UK because of the situation in Gaza.
He told Sky News on Thursday: “I’ve written to him [the King] personally explaining my thinking.
“And it’s with deep regret that I’ve had to take the decision, but I feel with what is going on in Gaza, it’s the best way I can get my voice heard.”
Sir Ed said the “sad truth” is Mr Trump is the “one man” who has the power to stop the “horrible famine in Gaza, could get the hostages released, could bring an end to this horrendous humanitarian crisis”.
He said the US president could do that by phoning up Israeli Prime Minister Benjamin Netanyahu and telling him to stop.
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The Lib Dem leader said Mr Trump could also call up the Qatari government and other Gulf states to get them to put pressure on Hamas to release the remaining 50 Israeli hostages (20 living, 30 dead) they took on 7 October 2023.
Image: The King and Donald Trump during his first state visit in 2019. Pic: Reuters
He emphasised that he has “huge respect” for the King and it was a very difficult decision he “really wrestled with” and involved him talking to his wife and praying about it.
Sir Ed denied it was political posturing and instead is one of the only ways he could get Mr Trump to listen.
“I didn’t want him to come to the UK without being reminded, as best I can, that he has that moral responsibility, frankly,” he added.
“And from what I’m picking up from many people, there are people across the political spectrum who agree with me and the Democrats that it is Donald Trump, it is the United States who has this power over Netanyahu, over Hamas, albeit indirectly, to stop this horrendous situation.”
Publicly refusing the King’s invite is “the best way I can get my voice heard,” Sir Ed said.
Image: King Charles will host a state dinner for Donald Trump. Pic: PA
Tony Blair at White House Gaza meeting
While Sir Ed is choosing to snub Mr Trump to get his voice heard, former Labour prime minister Sir Tony Blair has been asked by the US president for help on Gaza.
Sir Tony joined a White House meeting on Wednesday, chaired by Mr Trump, to discuss the war in Gaza and post-war plans for the Palestinian territory, a senior White House official confirmed.
They were joined by Mr Trump’s former Middle East envoy and son-in-law, Jared Kushner, to also discuss the hostage crisis and plans to escalate food aid deliveries.
The official described it as “simply a policy meeting”.
In July, the Financial Times reported the Tony Blair Institute had participated in a project to develop a post-war Gaza plan, with the think tank having “had many calls with different groups on post-war reconstruction of Gaza but none included the idea of forcible relocation of people from Gaza”.
Sir Ed called on Sir Tony to be quizzed in parliament about his discussions with the Trump administration.
“If he has special insight into Trump’s intentions, it’s only right that parliament and the government are made privy to this,” he said.
“We must leverage all the information and resources at our disposal to make Trump do the right thing.”
Police have released new details about the killer in the US Catholic school shooting – including that they “idolised” mass murderers and they wanted to “watch children suffer”.
Two children, aged eight and 10, were killed during mass at Annunciation Catholic School in Minneapolis on Wednesday.
Eighteen other people were injured, including children aged between six and 15 and three adults in their 80s.
Police said Robin Westman, a male born as Robert Westman, opened fire with a rifle through the windows of the school’s church as children sat in pews.
Image: Robin Westman
Almost 120 rifle rounds fired, police chief says
In a news conference on Thursday, Minneapolis Police Chief Brian O’Hara said the attacker fired 116 rifle rounds into the church.
“It is very clear that this shooter had the intention to terrorise those innocent children,” he added.
The police chief said the killer “fantasised” about the plans of other mass shooting attackers and wanted to “obtain notoriety”.
When asked about the attacker obtaining the firearms used legally, Mr O’Hara said that they did not have a criminal history or any diagnosed mental health disorders.
While they had potentially concerning social media posts, the police chief added that there was no evidence to suggest that Westman was legally barred from purchasing a firearm.
Image: People mourn outside the Annunciation Catholic School in Minneapolis. Pic: Reuters
Suspect ‘wanted to watch children suffer’
Joe Thompson, acting US attorney for Minnesota, also said evidence recovered of the killer’s plans showed “pure indiscriminate hate” and that they “idolised some of the most notorious school shooters and mass murderers in our country’s history”.
“I won’t dignify the shooter’s words by repeating them,” Mr Thompson added. “They are horrific and vile, but in short, the shooter wanted to watch children suffer.”
Earlier, the mayor of Minneapolis called for a statewide and federal ban on assault weapons after the deadly attack, saying “thoughts and prayers are not going to cut it”.
“There is no reason that someone should be able to reel off 30 shots before they even have to reload,” he said.
“We’re not talking about your father’s hunting rifle gear. We’re talking about guns that are built to pierce armour and kill people.”
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Minneapolis mayor urges assault weapons ban
Thomas Klemond, interim CEO of Minneapolis’s main trauma hospital Hennepin Healthcare, said at a news conference earlier that the hospital was treating nine patients injured in the shooting.
One child at the hospital was in a critical condition, he added.
Children’s Minnesota Hospital also said that three children remain in its care as of Thursday morning.
In a post on Facebook, the hospital said “there are no words to describe the overwhelming pain many are feeling”, adding: “We feel that pain with you.
“To the entire Annunciation community, you have our deepest condolences. During this time of unimaginable grief and loss, we want you to know that we at Children’s Minnesota are with you.
“We will always be here to care for you. And in this moment, we hurt alongside you.”
The Russian president thinks he’s winning this war, and it’s hard to escape the conclusion that he’s using diplomacy to play for time while he carries on beating down the Ukrainians will to win.
And at the moment, no one is stopping him
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At least 14 killed in Kyiv attack
Ukraineis hitting back, particularly at Russia‘s oil installations, more of them going up in thick black smoke, after being hit by long-range Ukrainian drones.
It is taking a heavy toll on Putin’s ‘Achilles heel’, but on its own, analysts don’t expect it will be enough to persuade him to end this war.
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British Council building hit in Kyiv
The West can wring its hands in condemnation.
But it’s divided between Europe that wants a ceasefire and much more severe sanctions, and President Trump, who, it seems, does not – strangely always willing to sympathise with the Russians more than Ukraine.
He’s back to blaming Ukraine for starting the war, saying earlier in the week that Kyiv should not have got into a war it had no chance of winning.
It is a grotesque perversion of history. Ukraine, of course, had no choice but to fight to defend itself when it was invaded in an act of unprovoked aggression.
Every time the US president has condemned Russia for these kinds of attacks, he has never followed through and done nothing to punish them.
Image: Rescue workers carry an injured woman after a Russian strike on Kyiv, Ukraine. Pic: AP
More worryingly for the Ukrainians, the Russians are getting the upper hand in the drones war, taking Iranian technology and souping it up into faster-moving drones that the Ukrainians are having increasing difficulty bringing down.
They expect as many as a thousand drones a night coming their way by the winter, and many, many more innocents to die.
A war that began as one man’s mad idea has, in three and a half years, metastasised into a titanic struggle between east and west, fought increasingly with machines in a dystopian evolution of war.
If President Trump is not prepared to use his power to bring this war to an end, what will another three and a half years of his presidency bring?