Florida man sues 'American Idol'

[ProviaFan]

From CNN:

MIAMI BEACH, Florida (CNN) -- They're twentysomethings looking to become a star.

But what's wrong with a fiftysomething seeking stardom?

A 50-year-old college professor is suing producers of the TV show "American Idol" and the Fox Network, alleging age discrimination after he says he was denied the chance to audition to compete on the show.

Drew Cummings, a professor of film and television at Miami-Dade Community College's School of Entertainment Technologies, filed the suit based on federal and state laws barring age discrimination. He said he attended the open audition in Miami Beach in November, waited in line several hours, and was ultimately turned away and told he was too old to be considered for the show.

"I find it hard to believe that age plays a part in determining the next 'American Idol,'" Cummings said in a news release. "According to record industry statistics, 55 percent of all record sales and 65 percent of all concert tour revenues were dominated by artists over the age of 40."

According to eligibility rules for the program, people must be between 16 and 24 to audition. The rules also say producers may disqualify anyone from the auditions for any reason.

Representatives of Fox and FremantleMedia, which produces the program, could not be reached for comment Sunday night.

News of Cummings' lawsuit came two days before the premiere of the second season of "American Idol."

Cummings said he is filing the suit to fight what he called "rampant" age discrimination in the entertainment industry and corporate America.

"If by filing these charges I become the poster child for baby boomers' and age discrimination rights, that's fine with me," he said.

His lawyer, Frederick Kramer, said he is also considering legal action against the Federal Communications Commission.

"Mr. Cummings was summarily denied the right to compete, and he was discriminated against solely because of his age, not his ability as a singer," Kramer said.

In addition to teaching at the college, Cummings is president of the Alternative Entertainment Network, which produces original streaming video content. He has been a producer, writer and director of TV programs including "Bill Nye the Science Guy," "Entertainment Tonight" and "That's Incredible."

More than 10,000 people nationwide vied last year for a chance to compete on "Idol," a judged singing competition that pared down contestants each week. Viewers watched as the singers were eliminated; judges picked a winner from the remaining three singers in the season finale.

This may not be the winner for stupidest lawsuit, but it comes very close, IMHO.

 

[911paramedic]

Big Mac's make you fat.

 

[mpitts]

Guess what? I can't collect Social Security until I am 65. Do you see me suing?

People are bitches.

 

[LordJezo]

..and I didnt know smoking was bad for me.

 

[mpitts]

Originally posted by: LordJezo
..and I didnt know smoking was bad for me.

WHAT!?!?! SMOKING IS BAD FOR YOU? Since when?

 

[cjchaps]

This guy should be castrated, and fast!

 

[Kyteland]

He's right. It is age discrimination.

It just isn't illegal age discrimination. Sucks to be him...

 

[FeathersMcGraw]

Not that a punitive lawsuit that makes it either legally or financially infeasible to continue the concept of American Idol would necessarily be a bad thing.

 

[Viper GTS]

Old ugly people don't help TV ratings.

He doesn't stand a chance in hell.

Viper GTS

 

[Nemesis77]

Reading the title, I first though he was suing the Statue of Liberty or something

 

[Double Trouble]

Actually, as much as I dislike idiotic suits, this one may actually have merit. I would not be surprised if the show quietly settled with him....

What they should have done is let him perform, and then tell him he doesn't have what they were looking for to be the next 'Idol'. However, since they didn't even allow him to perform in the public audition -- strictly based on his age -- there might be a legal issue there. In order to be able to deny him the audition based strictly on his age, the show would probably have to prove that he cannot perform the job (whatever that is) given his age. I don't think they'll have much luck proving that, but you never know.

Imagine for a second if the show had told <insert minority group here> people that they would not be alllowed to audition...... Age discrimination is illegal just as race discrimination is.....

 

[Nemesis77]

Originally posted by: tagej
Actually, as much as I dislike idiotic suits, this one may actually have merit.

It does?

According to eligibility rules for the program, people must be between 16 and 24 to audition. The rules also say producers may disqualify anyone from the auditions for any reason.

Am I missing something? The rules clearly state that it's for ages between 16 and 24.

 

[Nitemare]

Times like this...we need this for all these peeps like this.

 

[tcsenter]

Meanwhile, the Trail Lawyers Association announced a massive lawsuit against every book, screenplay, or story ever made into a movie, including their authors, publishers, screenwriters, studios, and producers. In the event that an author, producer, publisher, or screenwriter has passed away, their estates will be named as defendents.

"By creating characters with specific age groups, this discriminates against all people who are not of that age group and will be barred from having an opportunity to play that character in the movie," stated William Leech, President of the Trial Lawyers Assocation. The association also promised similar lawsuits based on gender discrimination.

"'The Old Man and the Sea' constitutes dual discrimination, in that neither young nor female actors will ever have a shot at the leading role. This is an outrage and should not be tolerated in a progressive and civilized society where equality is vital," the association said.

In quite possibly the first lawsuit of its type, one trial lawyer who dabbled in writing during college, and had one of his stories turned into a play by the drama department, vowed to sue himself. "What I did was wrong," the lawyer stated, who didn't want to be identified. "I wrote a little story which featured male and female characters, old and young. My story was accepted by our drama department subsequently turned into a college play. I prohibited women from playing the male roles, males from playing female roles, young from old, and old from young. I'm a disgrace to humanity."

 

[tcsenter]

Actually, as much as I dislike idiotic suits, this one may actually have merit. I would not be surprised if the show quietly settled with him....

It has no merit whatsoever. The creators of American Idol can do anything they want with the character of their show, just as Strip Clubs can refuse to hire 40 year-old fat and hairy men to put on a thong and twirl around the fireman's pole (SNL's 'Chippendale' skit featuring Chris Farley and Patrick Swayze anyone?).

But you may be correct in that the show might offer him a settlement that would prove cheaper than fighting and winning their case in court. Yet another example which underscores the desperate need to overhaul the entire civil legal system in general.

Loser pays is becoming more attractive all the time.

 

[Double Trouble]

<<Am I missing something? The rules clearly state that it's for ages between 16 and 24. >>

The 'rules' they put forth are irrelevant -- they have to obey the law, regardless of whatever rules they stipulate.

<<Meanwhile, the Trail Lawyers Association announced a massive lawsuit against every book, screenplay, or story ever made into a movie>>

The thing is that you can only 'discriminate' against one of the 'protected classes' under the law if you can prove that that particular class of people would not be able to perform the job duties. For example, if I need a child actor, it's pretty easy to show that a 50 year old can not play the part. I don't think it would be that easy to show that an older individual could not be an "American Idol". What are the job requirements that preclude older people from performing? Simply "because" will not be sufficient.....

That's why they would have been better off letting the person audition and then tell them to go away.

I'm not saying this guy will cash in, nor that I even agree with him, but the suit is not as crazy as some would think.....

 

[xuanman]

Originally posted by: tagej
<<Am I missing something? The rules clearly state that it's for ages between 16 and 24. >>

The 'rules' they put forth are irrelevant -- they have to obey the law, regardless of whatever rules they stipulate.

<<Meanwhile, the Trail Lawyers Association announced a massive lawsuit against every book, screenplay, or story ever made into a movie>>

The thing is that you can only 'discriminate' against one of the 'protected classes' under the law if you can prove that that particular class of people would not be able to perform the job duties. For example, if I need a child actor, it's pretty easy to show that a 50 year old can not play the part. I don't think it would be that easy to show that an older individual could not be an "American Idol". What are the job requirements that preclude older people from performing? Simply "because" will not be sufficient.....

That's why they would have been better off letting the person audition and then tell them to go away.

I'm not saying this guy will cash in, nor that I even agree with him, but the suit is not as crazy as some would think.....

i agree with you. i don't really think he will win, but i think his suit has more merit than what others above have said.

 

[tcsenter]

The thing is that you can only 'discriminate' against one of the 'protected classes' under the law if you can prove that that particular class of people would not be able to perform the job duties. For example, if I need a child actor, it's pretty easy to show that a 50 year old can not play the part. I don't think it would be that easy to show that an older individual could not be an "American Idol". What are the job requirements that preclude older people from performing? Simply "because" will not be sufficient.....

This has nothing at all to do with anything. My satirical example is the precise equivalent of this guy's legal argument.

"American Idol" is the title of a television program, not a legal doctrine protected under the auspices of the Civil Right Commission. The creators of American Idol created a 'plot' and a 'script' which called for a dashing young male between the ages of 16 and 24. There's your defined role which a 50 year old cannot play. They can call their program whatever they wish to call it, as the author of a book or movie can. Hell, the guy doesn't even need to be "American". They could have flown in an Armenian for the role, if they wanted to.

As I said, strip clubs can refuse to hire 40 year-old flabby men as exotic dancers. They can even refuse to hire unattractive women who do not meet THEIR subjective preferences. Perfectly legal and constitutional. Nothing different here.

There is no obligation to even consider all applicants for these kinds of roles. They can refuse you at the door for failing to meet their basic criteria required for consideration.

 

[Triumph]

They should just let him on, and have the British guy tell him in front of the cameras, "Thank you, sorry, you're too old." 5 minutes and they're done. Because that's what would happen anyway.

 

[Double Trouble]

tcsenter, <<The creators of American Idol created a 'plot' and a 'script' which called for a dashing young male between the ages of 16 and 24. >>

See, that's why I don't think this is as "open and shut" as most people think -- there is no plot, no script. The show allows the audience to pick who becomes the "American Idol". Basically, the show would have to prove that nobody over the age of 24 could conceivably perform that 'job function'. That's not easy...... Yes, a casting director has full freedom to pick whomever he chooses for a role -- but he can not simply exclude a group of people from auditioning for that role (provided it's an open audition, which is the case for this show), unless it's clear that the group cannot perform the task (role). In this case, that's not at all clear. Once the person has auditioned, the casting director can choose (or not choose) that person, but simply telling the person they can't even audition puts the show in a difficult position to defend. Why not simply let the person audition, get some funny footage, and then tell them to go away?

I'm no lawyer, so I dunno. It will be interesting to see where this ends up.

 

[WinkOsmosis]

So it would be okay with you guys if the show only allowed white people if that's what the director wanted?

 

[LethalWolfe]

Originally posted by: tagej
tcsenter, <<The creators of American Idol created a 'plot' and a 'script' which called for a dashing young male between the ages of 16 and 24. >>

See, that's why I don't think this is as "open and shut" as most people think -- there is no plot, no script. The show allows the audience to pick who becomes the "American Idol". Basically, the show would have to prove that nobody over the age of 24 could conceivably perform that 'job function'. That's not easy...... Yes, a casting director has full freedom to pick whomever he chooses for a role -- but he can not simply exclude a group of people from auditioning for that role (provided it's an open audition, which is the case for this show), unless it's clear that the group cannot perform the task (role). In this case, that's not at all clear. Once the person has auditioned, the casting director can choose (or not choose) that person, but simply telling the person they can't even audition puts the show in a difficult position to defend. Why not simply let the person audition, get some funny footage, and then tell them to go away?

I'm no lawyer, so I dunno. It will be interesting to see where this ends up.

I never watched American Idol. Is it more like Star Search (a game show where all we see is contestents performing) or is it more like Survivor (a reality sow where we see contestents interacting w/each other and "performing" is only part of the show)? If American Idol is like other reality shows then there is a plot and a script (although the script is written after the shows are shot, not before). Having attended panel discussions w/editors who've cut reality shows I've found out that a "reality" show is no more real than a fictional show by the time it hits yer TV.


Lethal

EDIT:

So it would be okay with you guys if the show only allowed white people if that's what the director wanted?

How many black people are on Friends? How many white people were on The Cosby Show? How many 16-24 year olds were on the Golden Girls? If a producer or writer wants to create an all black, all white, all young, or all old TV show they can.

 

[MaxDSP]

Originally posted by: jliechty
From CNN:

MIAMI BEACH, Florida (CNN) -- They're twentysomethings looking to become a star.

"If by filing these charges I become the poster child for baby boomers' and age discrimination rights, that's fine with me," he said.

Seems like all he wants is attention...

 

[pulse8]

The thing is that you can only 'discriminate' against one of the 'protected classes' under the law if you can prove that that particular class of people would not be able to perform the job duties. For example, if I need a child actor, it's pretty easy to show that a 50 year old can not play the part. I don't think it would be that easy to show that an older individual could not be an "American Idol". What are the job requirements that preclude older people from performing? Simply "because" will not be sufficient.....

The thing that you're missing, however, is that these aren't job duties. These people aren't paid to be on the show unless they win. Ultimately it's a television show and they can pick whomever they like to go on the show.

Live radio shows, such as the Howard Stern Show, can pick whoever they want to go on the show regardless of age or sex.

 

[xuanman]

Originally posted by: tcsenter

The thing is that you can only 'discriminate' against one of the 'protected classes' under the law if you can prove that that particular class of people would not be able to perform the job duties. For example, if I need a child actor, it's pretty easy to show that a 50 year old can not play the part. I don't think it would be that easy to show that an older individual could not be an "American Idol". What are the job requirements that preclude older people from performing? Simply "because" will not be sufficient.....

This has nothing at all to do with anything. My satirical example is the precise equivalent of this guy's legal argument.

"American Idol" is the title of a television program, not a legal doctrine protected under the auspices of the Civil Right Commission. The creators of American Idol created a 'plot' and a 'script' which called for a dashing young male between the ages of 16 and 24. There's your defined role which a 50 year old cannot play. They can call their program whatever they wish to call it, as the author of a book or movie can. Hell, the guy doesn't even need to be "American". They could have flown in an Armenian for the role, if they wanted to.

As I said, strip clubs can refuse to hire 40 year-old flabby men as exotic dancers. They can even refuse to hire unattractive women who do not meet THEIR subjective preferences. Perfectly legal and constitutional. Nothing different here.

There is no obligation to even consider all applicants for these kinds of roles. They can refuse you at the door for failing to meet their basic criteria required for consideration.

just because the producers of American Idol stated in the entry rules that they only want 16 to 24 year olds does not necessarily mean that legally they can do that. it is only if the producers can demonstrate that being a 16 to 24 yr old is essential to being an "american idol" can they practice these selective policies. That's why tagej is correct in saying that if this guy can show that he is part of a protected class, then he has a shot at winning.