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Nancy Grace
Is "American Idol" Racist?
Aired July 29, 2013 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: New controversy for one of the most popular shows in America. It`s being accused of racism.
UNIDENTIFIED FEMALE: Ten former "American Idol" contestants are now suing the show, asking for $25 million each.
UNIDENTIFIED FEMALE: A show with a diverse group of judges and contestants which has produced four African-American winners out of 12 competitions.
(END VIDEO CLIP)
JEAN CASAREZ, GUEST HOST: You are watching video of "American Idol" from FremantleMedia North America, 19TV and Fox.
Good evening. I`m Jean Casarez, in for Nancy Grace. Thank you so much for joining us.
Tonight, America loves "American Idol." Fantasia (ph), Kelly Clarkson, Jennifer Hudson contestants who have gone on to become superstars. Even those that lose hit it big.
But behind the camera, the lights, the glitz, the glamour, a stunning $250 million lawsuit accuses "American Idol" of discrimination. Did "Idol" purposely set up former contestants to take a public fall, digging up their criminal histories, then exposing them on television, all for the ratings?
Let us go straight out to A.J. Hammer. He is the host of "Show Business Tonight." A.J., I know you`re going to have a lot more on this at 11:00 o`clock tonight, but this is a serious lawsuit.
A.J. HAMMER, HOST, HLN "SHOW BUSINESS TONIGHT": It`s a serious lawsuit. It`s a lot of money at stake here, and these are some very serious allegations, obviously, Jean. You have these 10 contestants who span seven years of -- seasons of "American Idol" claiming that, essentially, the show and the show`s producers would dig up rap sheets and dig up parts of the history and the pasts of these particular contestants and use them to disqualify them, use the information to basically sensationalize what these people had been accused of or had been involved with in the past in order to drive ratings, in order to drive plot lines on the show.
And looking at some language from this lawsuit, they say they conducted a cruel and inhumane scheme to exploit them for ratings by illegally digging up their arrest histories and using these records to humiliate them on national TV.
And obviously, Jean, if that is what actually happened on "American Idol," it`s very, very bad news, but this lawsuit is just being revealed and unfolded.
CASAREZ: It sure is. Right now, as we speak, it`s a 429-page complaint. And A.J., what they`re alleging is not the public vote, right? It`s before the public vote. It has to do with their actual application because aren`t they asked a question, Are you or have you ever been charged or convicted of a crime?
HAMMER: They are. And it`s a pretty common question in any kind of a competition show or in a lot of television shows, particularly reality shows. But when it came down to these contestants being eliminated, what the contestants are alleging in this lawsuit is, Hey, you dug up our pasts so you could really grab people for ratings and sensationalize the plot lines.
Instead of walking us into your office, in some cases, they`re saying, you went on national television and humiliated us. You could have just canned us from the show simply by telling us in a meeting, You can`t be on the show anymore because you broke some kind of a rule. Instead, it was all done for the sake of TV ratings.
CASAREZ: That`s right, all for ratings. Rolonda Watts, host of "Sundays With Rolonda," so in other words, what the 429-page complaint -- $250 million they want from the "American Idol" production company and other defendants. What they`re saying, Rolonda, is that they were just waiting, and when someone of African-American descent wrote down "No," that they`d never been convicted of a crime or had outstanding charges, then, boom, they got the rap sheet, disqualified them, and put it all over the media to get higher ratings!
ROLONDA WATTS, HOST, "SUNDAYS WITH ROLONDA": Well, the question that they were supposedly asked on this form is had they ever been arrested. They had been arrested. They had been charged. They had not been convicted. None of the 10 had been convicted of anything, and that is the argument, that they knew this information, but they used to publicly humilify -- you know, humilify them, to -- it was cruel and inhumane, that they just wanted to juice up the story for ratings, and that even the attorney, Freeman, is arguing that -- James Freeman is arguing that in the state of California, it isn`t even legal to ask about a prior record when it comes to employment.
So he is saying that this information was also illegally obtained, and they want $25 million each as a minimum.
CASAREZ: As a minimum, $250 million. Alexis Tereszcuk -- and for those of you just joining us right now, we are learning "American Idol" has been slapped with a $250 million lawsuit by former contestants, all of African-American descent, that are saying that they were systematically discriminated against, that when they happened to write on their application form that they had never been arrested of a crime, charged with a crime, convicted of a crime, that then they were disqualified because they didn`t give the right answer.
And Alexis Tereszcuk, here is my question for you. First of all, were contestants warned and told, If you lie, if you give an incorrect answer, you may be disqualified from this competition?
ALEXIS TERESZCUK, RADARONLINE.COM: No, they were not told that at all. They weren`t given any warning. They were given a multiple-page background check. And they had lots of questions to answer, and they were never told that if they lied, they would be let go.
CASAREZ: All right, another question to Rolonda Watts. What about white or non-black people? What happened to them if they lied on their form asking them if they`d been arrested? Were they disqualified, too?
WATTS: Well, the attorney for the 10 contestants who are suing "American Idol" bring up that there has never, ever been a white contestant who has gone through this situation that their past arrest record has been used to disqualify them. Never has a white person been disqualified under these circumstances, the attorney is quick to bring out.
CASAREZ: All right, we want to let you know a little bit more about this massive lawsuit, class action suit. It is just beginning right now, just filed against "American Idol," a program that has generated millions of advertising revenue. Could it be in part to systemic exclusion of minorities?
Watch this.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: It`s been the biggest show on television, a show with a diverse group of judges and contestants which has produced 4 African-American winners out of 12 competitions.
But now a lawsuit filed in federal court on behalf of 10 former "Idol" contestants says the producers of the show engaged in racist behavior. They`re asking the court for more than $25 million each. Fox, which broadcasts "Idol," and producers behind the show declined CNN`s request for statements.
(END VIDEO CLIP)
CASAREZ: You are watching video of "American Idol." It is from FremantleMedia North America and 19TV and Fox.
I want to go out to a very special guest. This is someone that knows better than anyone what is asked of a contestant for "American Idol." They were a contestant for "American Idol." I`m sure you remember them. Vonzell Solomon, "American Idol" season number 4 contestant, joining us from Los Angeles.
Vonzell, thank you. And I want to ask you initially, what`s the question that you were asked on your application form about being charged with a crime or ever being arrested? What was the actual question?
VONZELL SOLOMON, FORMER "AMERICAN IDOL" CONTESTANT: I can`t remember exactly verbatim what the questions were. However, I know we were instructed to give our, you know, past criminal history.
And every season -- I`ve learned just by making friends with other contestants is that every season`s contracts are different. So my season may be different from, you know, the contestants that are involved in the lawsuit now.
And they were really nice about it. They said in previous seasons, people had all this stuff come up that was on the Internet that got them disqualified. So they urged us to let us know if we have a criminal history or if there`s something on line that`s crazy that they should know about. And they were saying that it was in order to help protect us in the media, and so on and so forth.
CASAREZ: And when did they ask you this question? Was it early on, or was it after you made it to Hollywood?
SOLOMON: I believe in Hollywood they asked us these questions.
CASAREZ: Did they also tell you that -- what could happen if you lied on the form, that if you didn`t tell the truth that you could be disqualified?
SOLOMON: Well, I think -- like I said, I don`t remember. And the contracts were very, very long. I don`t remember. It`s been a number of years ago.
However, all I remember from Hollywood and the whole contract situation was thinking back, they were reminding us of what happened in the previous years. And I know people -- you know, a certain contestant had some racy photos on line, and they were eliminated. And people -- I knew people were eliminated from their criminal history, but some people were not.
And some of those -- I know one contestant who`s a friend of mine in particular who did not get disqualified. So I don`t know. This whole thing is a shock to me. My experience was great on and offstage. But like I said, the contestants involved in this lawsuit were not on my season, season four, and the contracts are all different from season to season.
CASAREZ: Vonzell, I want to tell you I loved you on "American Idol." I did. I remember you, and I thought you were great.
A.J. Hammer, who is the host of "Showbiz Tonight," you`re going to have a lot more of this at 11:00 o`clock. But I want to ask you, out there in Hollywood, I mean, what are people saying about this lawsuit? Are people giving it credence, or are people just dismissing it as those that just want to get rich?
HAMMER: Well, I think there`s a lot of that because if you look at the contestants over the years, one of the contestants who`s a plaintiff in this, Cory Clark -- Cory Clark made his name on the show basically for being disqualified and then for alleging an affair that he had, a sexual affair with Paula Abdul. An investigation into that showed that that had never happened.
So there are a lot of people saying it`s sour grapes. This is an opportunity for these people who were disqualified to somehow say, We missed out on the opportunity to potentially make $25 million. So you have a lot of people claiming that, but then you have a lot of very interested people wanting to see where this goes because "American Idol," as you know, Jean, big, big money. They make almost $7 million every 30 minutes they`re on the air.
CASAREZ: And their ratings have been going down, A.J., but it was during the height of their ratings, when they drew in -- I mean, it`s still millions of people, but the amount of advertising dollars was immense. That`s when all of this is alleged to have been going on.
HAMMER: Yes, we`re talking about seasons two through seasons nine. These are when these particular plaintiffs were on "American Idol." And that really was, at least in those earlier years, while the show was the juggernaut, was the biggest show on television. And it really remains one of the most viewed shows on television, but viewership has been decaying over the years.
And again, it goes back to the complaint that the contestants are saying, Hey, you used us, you humiliated us for ratings in order to get people to tune in. When things weren`t going well for us, you saw an opportunity and you ran with it.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Man, it`s insane. You know, this is probably the craziest part of the whole thing, all these cameras and people.
UNIDENTIFIED FEMALE: Its goal, to turn an American into an idol.
UNIDENTIFIED MALE: That show lives on controversy.
UNIDENTIFIED FEMALE: Ten former "American Idol" contestants say they were deprived of fame and fortune. So now they`re suing the show for discrimination. They want $25 million each.
UNIDENTIFIED FEMALE: What? What? Good luck.
UNIDENTIFIED MALE: You had an opportunity to make something of it, so what have you done over these years to earn you $25 million?
UNIDENTIFIED FEMALE: It`s, like, Oh, that`s easy. That`s what they love to do. It`s hard work.
UNIDENTIFIED FEMALE: If you`ve got enough drive and if you`re persistent enough, you can make a career out of it.
UNIDENTIFIED MALE: You just have to work as hard as you can. That`s the key, is work as much as you can.
UNIDENTIFIED FEMALE: ... to learn from it so when all the dust settles, you can still manage to have a career.
(END VIDEO CLIP)
CASAREZ: And you are looking at video of "American Idol." This is from FremantleMedia North America, 19TV and Fox.
I want to go out to Alexis Tereszcuk, who is the senior reporter for Radaronline. You know, when I look at this lawsuit, I think about all of the African-American winners of "American Idol," the people that may not have won, Jennifer Hudson, that went on to such great fame and fortune. Does that at all hurt this lawsuit?
TERESZCUK: It may because, you know, those are people that have been so successful, and they certainly didn`t have the same issues. And especially because since then, you know, Fantasia has had quite a lot of problems. Jennifer Hudson has not. She has, you know, gone on to get an Oscar. She, in fact, is even the opposite. She really says -- you know, she blames Simon Cowell. She hates him. She`s always talking about how much she hated him and how she didn`t deserve to get cut. But it worked out really well for her because she got that Oscar.
So I think that it depends on how you`re looking -- I mean, out of the 429 pages in this lawsuit, this lawyer, you know, basically has just one thing that he says is that they weren`t told and they were picked on unfairly. So that`s his whole case, regardless of everything else that he`s written in this incredibly long lawsuit.
CASAREZ: Yes, 429 pages. And Alexis, the complaint alleges that Simon Cowell, Paula Abdul and Randy Jackson, among others, were the primary hosts of the show. And are they -- they`re not named as defendants, but are they alleging there was any impropriety early on, especially Simon Cowell, who had so much development within that show.
We`re taking your calls. Jonathan in Minnesota.
UNIDENTIFIED MALE: Hi, guys. Good evening. My question is this. If "American Idol" is doing this ratings, this is a pretty poor choice of way of doing it. The other thought I had was if "American Idol" is calling or the contestants is calling us racists by not voting for a discrimination of color or anything of that nature, why didn`t the show back the people that were on that show that lost?
CASAREZ: OK. So I`m trying to get -- what are you saying, Jonathan? Why didn`t they back the people that lost? Can you explain that, Jonathan?
UNIDENTIFIED MALE: Like, they were sitting there -- you know, the people that don`t move on to the finals or anything of that nature, these are the people that are using the lawsuit to be famous again.
CASAREZ: Ah! So they`re trying to get $25 million because they need money. All right. You know, it`s a very serious thing when you file a class action lawsuit saying that "American Idol" has violated your civil rights, but that`s exactly what 10 former contestants are doing, asking for a total of $250 million.
Let`s go to the lawyers, Darryl Cohen, defense lawyer joining us out of Atlanta, Greg McKeithen, defense attorney joining us out of Atlanta. First of all, Darryl Cohen, tell me your thoughts about this lawsuit. Is this a viable class action lawsuit?
DARRYL COHEN, DEFENSE ATTORNEY: Jean, it`s almost laughable, in my view. What in the world are these people doing? They had every opportunity of making a fortune either (ph) because of "American Idol" that gave them all the exposure they didn`t previously have.
Is it viable? I suspect if you look at this contract, you will see they have to arbitration. What is this lawyer thinking? He`s thinking publicity. He`s thinking publicity and he`s thinking money.
CASAREZ: But Greg McKeithen, if they sign an application form and a contract that said, You will always go to arbitration with any issue, I`ll tell you something, when I`ve had a family member go into the hospital for an operation and they say, You will arbitrate any misnomer (ph) by the surgeon, I put a big flat X. No arbitration for us if something happens in the hospital. I mean, that`s an adhesion (ph) contract, in one sense.
GREG MCKEITHEN, DEFENSE ATTORNEY: Exactly. Now, keep in mind, I was faced with an arbitration clause in a contract, and because I`m a lawyer, I specifically struck it from the contract. I said, I will not be bound by this arbitration clause.
I would presume in most of the cases that the plaintiffs were probably represented by legal counsel and should have thought otherwise before signing a contract that has an arbitration clause.
(COMMERCIAL BREAK)
UNIDENTIFIED FEMALE: Tough times for "American idol." Nearly a dozen former contestants are now suing the show, claiming racist behavior by the producers.
UNIDENTIFIED FEMALE: Maybe I don`t know something that you know.
UNIDENTIFIED FEMALE: A show which has produced four African-American winners.
UNIDENTIFIED MALE: If the "Idol" producers gave you a call, We want you as a judge on "Idol," what are you doing?
UNIDENTIFIED FEMALE: And I would love to go back to "Idol."
UNIDENTIFIED FEMALE: I would love to be a mentor (INAUDIBLE)
UNIDENTIFIED FEMALE: I definitely have a love for the original judges.
(END VIDEO CLIP)
CASAREZ: And you are watching video of "American Idol." It is from FremantleMedia North American, 19TV and Fox.
And with us tonight is a former contestant of "American Idol." You remember her, Vonzell Solomon from season four, who is joining us tonight.
You`ve experienced it. Did you feel discrimination at all? Did you see people systematically discriminated if they wrote on their application form that they had no criminal history and then had a criminal history and were disqualified because of that?
SOLOMON: No, not at all. I was on season four. None of the contestants in the lawsuit are contestants from my season, and all the contracts are different from year to year. However, I didn`t experience any racism on stage, offstage, or I didn`t witness it happening to anyone else.
CASAREZ: All right. We`re taking your calls. Daniel in Tennessee. Hi, Daniel.
UNIDENTIFIED MALE: Hey, Miss Jean. How are you doing tonight?
CASAREZ: I`m fine. Thanks for calling.
UNIDENTIFIED MALE: I was just calling about -- I guess this has got me a little upset. With all the media hype we`ve had in the past few weeks with the situations in Florida and all, now this -- I think race is becoming -- I don`t know how to put it -- more like something to lean on.
This year`s contestant winner, if I`m not mistaken, was a black female. I think this is more becoming a media issue where people can get attention, and I think a lot of these guys, that might be the situation. They see what America is going through right now, and they see the turmoil we`re going through after the situation, the verdict down there in Florida. And I think this is a way just to keep zapping the media to keep the race issue alive.
I really don`t think we have as big -- in my opinion, race issue as what we used to have. But I mean, I was -- and I know we do still have issues out there. But I just think the media is promoting a lot of this now.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Ten former "American Idol" contestants filing the lawsuit charging racism.
UNIDENTIFIED FEMALE: This lawsuit is actually accusing producers of discriminating against black contestants.
UNIDENTIFIED FEMALE: They claim that producers exploited them for ratings by illegally using arrest records to kick them off the show.
(END VIDEO CLIP)
CASAREZ: And that is video of "American Idol" from FremantleMedia North America, 19TV and Fox.
Welcome to NANCY GRACE. I`m Jean Casarez, in for Nancy tonight.
This lawsuit says that former contestants -- and there are 10 of them -- that they were disqualified from "American Idol," out, because they were black.
I want to go out to A.J. Hammer, who is the host of "SHOWBIZ TONIGHT." A.J., you`re going to have more on this at 11:00, but what is this lawsuit? "American Idol," we know, is being sued. Who are the plaintiffs and what are they saying happened to them?
A.J. HAMMER, SHOWBIZ TONIGHT HOST: Well, these are ten contestants from the show spanning seven years of the show from seasons two to season nine, and not every single season of the show, and they are basically saying that they were systematically discriminated against in the way that they were disqualified. And in the way that it took place, it was a humiliating experience in the way that in some cases the show used their stories as plot lines. There is nothing unusual for a reality show to take something juicy and turn it into something that is going to get people talking and grab ratings, which is something "American Idol" has always been very good at, at least until the most recent seasons. And that`s what these former contestants are all saying, and why they`re going after $25 million apiece.
CASAREZ: Here`s a little bit more about this lawsuit. Watch this.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: James Freeman, the attorney behind the suit, tells CNN he believes Idol producer target black men on the show for ridicule and dismissal if they are discovered to have any sort of criminal record. His complaint alleges white contestants who are accused of similar offenses are allowed to continue in the competition.
It was the dismissal of season 11 finalist Jermaine Jones that Freeman says inspired him to work on this case. Jones was dismissed after the Smoking Gun website revealed he was the target of several arrest warrants, but his name is not on the lawsuit.
JERMAINE JONES: I was asked to be a part of it but I decided not to, because like I said, I want to take the good with the bad and I`m just moving forward.
UNIDENTIFIED FEMALE: He says contestants know what they`re getting into when they sign up to be on Idol.
JONES: You had an opportunity to make something of it, so what have you done over these years to earn you $25 million?
(END VIDEOTAPE)
CASAREZ: That`s a big issue right there. It`s called damages. Have you really been damaged in all of that? That is part of a civil suit. You`re watching video of American Idol, from Fremantle Video North America, 19 TV and Fox.
I want to go out to Rolonda Watts. She is the host of "Sundays with Rolonda." We want to make it clear here, that all of these contestants that they say were disqualified because they did have a criminal history, none of them were ever convicted. Some pled no contest. Other charges were dismissed, but none were convicted. Why then, Rolonda, do they have a suit?
ROLONDA WATTS, "SUNDAYS WITH ROLONDA": Well, they say they have a suit, and Freeman, the attorney who is representing these ten contestants, is saying that they have a suit because they were humiliated, that they were humiliated, they were used for ratings. This juiced up the show, and they were unfairly thrown in front of the camera and publicly humiliated. They also charged that this was a way of reinforcing negative stereotypes among young men, and they believed that they weren`t even allowed to get that information based upon California law, in which Freeman point out prohibits asking about your prior record when it comes to employment. And these contestants contend that this was employment. And so that is why they claim they have a suit.
CASAREZ: And now, Darryl Cohen, I`ve got so many questions to ask you, but first of all, the complaint alleges that there were strippers and -- all white -- that were allowed to stay in the competition that were not disqualified, and they are saying that that sets up a basis for a systemic exclusion of the African American.
DARRYL COHEN, ATTORNEY: Jean, I think you have to consider, one, everyone signed I have not been arrested. What do we call perjury? Let`s look at something else. We don`t know what other people were arrested for, and I think you have to distinguish that. If I`m arrested for just possession of a small amount of marijuana, it`s very different than being charged with being in possession of 100 pounds of marijuana. So we have to look at all of that, and we have to look at it very carefully as to whether or not there was a systemic exclusion, which it appears from the winners, from everyone that is speaking, that it was not. And I repeat, it seems to me that this lawyer is looking for nothing but publicity. I found it interesting to look at his card that was published, that he`s talking music litigation and civil rights.
CASAREZ: Right, Greg, this is a question I have, because the complaint alleges that two winners of American Idol have criminal histories. We looked into that, and there were charges at one point in time in their life, but they were dismissed. And so how do you compare that to this?
And another question I have, is American Idol, think of people they`ve put on that they`ve made fun of with their singing. That is humiliating, as they put all of those people on that can`t carry a tune, I mean, that`s carried the show for many, many years in the beginning. So how does this lawsuit even add up?
MCKEITHEN: In any case I go to where the evidence leads me. If it takes me there, I go there. If it doesn`t, I stay away from it.
Now, the fact of the matter in this particular circumstance, it appears that if the evidence is people who had a prior arrest and the charges were dismissed, perhaps that was dispositive in explaining the different treatment in this particular circumstance. Evidence to the contrary, if they can`t produce it, it is groundless, it is meritless, it has no bearing whatsoever in the matter. And finally I will add that in these cases, I am sure there is a disclosure clause in the contract that says you may be subject to some form of humiliation, and that`s part and parcel with this type of contract.
CASAREZ: Joining us tonight is a civil rights lawyer. We`re very happy to have Connie Rice with us. As you look at this lawsuit, Ms. Rice, do you see that it has validity, substance to it, that there was that exclusion, disqualification of the African American because they lied on the form saying they had no criminal history, to the exclusion of others that would remain?
CONNIE RICE, ATTORNEY: Well, it all depends. This is very interesting, because it`s going to depend on what the expectations were of these contestants and what the rules of the game were. You know, American Idol isn`t a governmental entity that`s subject to constitutional provisions about background checks and what can be considered -- that only applies to governmental employers, which the station is not.
So I really think we got to take a look at what were the expectations under the rules, that the contestants were expecting to compete under. Were those rules adhered to fairly for everyone, because if there`s a disparity, they may have a ground for disparate treatment, but they`re not going to have the kind of grounding they would have against a county government agency, or any kind of government agency, because American Idol isn`t a government agency. So I think we`re going to have to take a look at these charges and compare them to how the other contestants were treated to see whether there`s any merit here. There could be some merit, but there also could be absolutely nothing here.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Is American Idol guilty of racism? That`s what ten former Idol contestants are saying.
Are the Britten (ph) twins doing to be different this season?
UNIDENTIFIED MALE: Let me tell you the problem the twins have had.
UNIDENTIFIED FEMALE: He believes producers target black men on the show for ridicule and dismissal if they are discovered to have any sort of criminal record.
(END VIDEO CLIP)
CASAREZ: Ten former American Idol contestants are now suing the show, asking for $25 million each. Do they have a case?
And that is video of American Idol from Fremantle Video North America, 19 TV and Fox. And it is true, there is a 429-page complaint filed in federal court. Who`s the defendant? American Idol. Why? Because they say that African American men were systematically disqualified from the show. Why? To enhance ratings and to humiliate them.
From the complaint, they call it cruel and inhumane. They`re seeking $250 million, and also asking American Idol to adopt new anti-racism regulations. Out to A.J. Hammer, host from "Showbiz Tonight," joining us tonight. A.J., American Idol is an American institution. We love it. We watch it. But it has been going down in the last few years.
HAMMER: It certainly has. The ratings have declined steadily over the last many years. Still, 10 some odd million viewer an episode is nothing to sneeze at. But they`ve had to go through many changes, both with the way they approach the show, and we`ve seen the turnover in the various judges over the past many seasons. And now Mariah Carey, Nicki Minaj, Randy Jackson, the last remaining original judge, all gone in the upcoming season of American Idol. So to use something sensational that might happen with a contestant as a plot line to drive ratings not so unusual. To do it in a way that`s being alleged by these plaintiffs, obviously, not so great.
CASAREZ: Not so great, civil rights violations is what is being alleged.
A.J., I know you`re going to have more on American Idol and the lawsuit on SHOWBIZ TONIGHT at 11:00 p.m. Eastern time. We will all be watching.
We want to show you a little more about this very, very serious lawsuit, $250 million lawsuit against American Idol. Watch this.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Now to that explosive lawsuit filed against the hit singing competition show American Idol. The suit claims the show is racist. All 10 of these former contestants reportedly want $25 million apiece from the show and its producer. A lawyer for the group says his clients were kicked off the show because of their race. And that is just the beginning of the story.
Four different African American winners you have. You have Fantasia, you have Jordin Sparks, Ruben Studdard, and just last season, Candace Glover.
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED FEMALE: Racist?
UNIDENTIFIED FEMALE: That`s a great point, that`s a very good point. Four of the actual top ten this past season were African American, two men and two women. And it`s not just that Idol has had African American winners, but they`ve also had runners up on the show, ie Jennifer Hudson, that have gone on to superstardom. So Fox would probably counter with we`ve got a very diverse show and a very diverse audience, and we try to represent that.
(END VIDEO CLIP)
CASAREZ: And that`s video of American Idol from Fremantle Video North America, 19 TV and Fox. And joining us tonight is a former contestant of American Idol, you remember her from season four. Vonzell Solomon joins us tonight from Los Angeles. Vonzell, what was it like being a part of American Idol?
VONZELL SOLOMON, AMERICAN IDOL CONTESTANT: It was great, on and off stage. You know, I come from a small town in Florida, and then to come out to L.A., it is a whole new world. And the American Idol staff was very, very nice. They took care of us. Anything we needed, they were there for us. So this whole lawsuit situation comes as a shock to me, because my experience on Idol, I never, ever experienced racism.
CASAREZ: Tell us the truth, Simon Cowell, was he nice?
SOLOMON: He was a nice guy. I really love Simon. He did what he had to do on stage. He gave you his honest opinion, which some of us really needed that. Like you said, the people in the beginning, who couldn`t sing at all, they need redirection in their life. And he helped them with that. And off stage, he`s really cool. He always -- we didn`t get to hang out with the judges, but he would always motivate us and keep saying, you`re doing great, guys, keep your head up, go for it. He was always sweet about that.
CASAREZ: And obviously Simon Cowell played a big role in American Idol in this country not only as a host but also behind the scenes. Joining us tonight, Greg Cason, clinical psychologist out of Los Angeles. How do you determine if someone is bringing this action in good faith, and if in fact they have suffered the discrimination that is alleged in the complaint? How can it affect them for the rest of their lives? Because intentional infliction of emotional distress can be alleged in this case.
GREG CASON, PSYCHOLOGIST: Look, I don`t doubt for a second that every one of these ten men have suffered racial discrimination in their life. That`s the society we live in. But, I think it`s really sad that they`re pointing their finger now at American Idol and falling prey to this Svengali attorney just to get some money. And that`s what it appears like. Now, if they do have a true case of racial discrimination, then some of them are going to be OK, such as we saw with Jermaine Jones, and he seems to have a very healthy psychological attitude. And the other ten who are wanting to point their fingers at somebody else just in order to get their point across and to get a pay day, I think that`s very sad, and it isn`t going to correct the racial discrimination that they may have suffered.
CASAREZ: Darryl Cohen, very quickly, when you look at American Idol and the ratings are going down, they have plummeted from prior years, do you think that it`s in their best interest to settle this suit?
COHEN: Jean, it`s in their best interest to let this litigation go on forever, because that will make, once again, them the darling. And let me say this, Jean. I have been involved in entertainment suits, in lawsuits, I`ve been involved in all of this since "Temptation Island." And each and every time we have a reality show, it gets worse and more onerous. These people knew what they were signing. Pure and simple.
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(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: It`s been the biggest show on television.
UNIDENTIFIED MALE: This is American Idol.
UNIDENTIFIED MALE: Ten former American Idol contestants are suing the show.
UNIDENTIFIED MALE: Kicked off the program unjustly and publicly humiliated because they`re black.
UNIDENTIFIED FEMALE: They are asking the courts for more than $25 million each.
(END VIDEO CLIP)
CASAREZ: And that`s video of American Idol from Fremantle Video North America, 19 TV and Fox. AJ, I want to ask you a question, because this isn`t the first lawsuit of its kind. "The Bachelor," right, also had a lawsuit based on discrimination recently?
HAMMER: It did. That was in the fall of last year, Jean, but that was an entirely different kind of a lawsuit. The plaintiffs in that case alleged a systematic exclusion of people of color from being included in the show. They were basically saying there were no African-Americans who were appearing on the show in any of the roles, and that was thrown out. A judge said you know what? It`s a casting decision. You have a qualified casting person in place, and it`s a protection of First Amendment there.
CASAREZ: That`s right. Free speech. To Connie Rice, civil rights lawyer who is joining us. Ms. Rice, I want to ask you, if on that application form the contestants were told that if any of your answers are false, you may be disqualified from the show. Does that at all potentially make this suit not a suit at all?
(CROSSTALK)
RICE: Potentially. Yes, potentially it does. The other thing you`ve got to look at is what were the expectations of the contestants? See, Idol isn`t an employment relationship with these folks. They`re trying to get employment with Idol. And if they`re not employing, a lot of state law does not apply and a lot of state protections don`t apply. So the question is what were the reasonable expectations given the rules of the contest and given the documents that the contestants signed? So if -- what if Idol says we`re free to discriminate, that`s what we`re here for. They could make that argument. Why not? Because they`re not an employer. They`re auditioning people for employment, but they`re not -- now, it all depends on what the contestants signed. What did Idol promise them? Did Idol promise them a nirvana of an employment situation, that they were going to be absolutely free of all kinds of judgments? I doubt it. I doubt it.
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CASAREZ: We remember tonight American hero, Army Specialist Jacob Carroll, 20 years old, from Archdale, North Carolina. He was awarded the Bronze Star, the Purple Heart, and Army Achievement Medal. He leaves behind his parents Jack and Cole (ph). Stepfather William. Sisters Meredith. Britney and Alexa. Jacob Carroll. A true American hero.
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UNIDENTIFIED MALE: American Idol is the American dream.
UNIDENTIFIED FEMALE: A show with a diverse group of judges and contestants.
UNIDENTIFIED FEMALE: Four different African-American winners. You have Fantasia, Jordin Sparks, Ruben Studdard, and just last season, Candace Glover.
UNIDENTIFIED FEMALE: Is American Idol guilty of racism?
(END VIDEO CLIP)
CASAREZ: And that is video of American Idol from Fremantle Media North America, 19 TV and Fox. Well, former American Idol contestants are saying it was the American nightmare, and they`re now seeing for $250 million.
Alexis Tereszcuk, when I look at the defendants here, it`s not only Fox, it`s not only the production company behind American Idol, but you`ve got Ford Motor Company. You`ve got AT&T, and you`ve got Coca-Cola. The three big sponsors that we`ve known about for years with American Idol.
TERESZCUK: You`re exactly right. Nobody is safe in this lawsuit. Not only is it the television show, the producers, it`s the sponsors, too. And the sponsors are really shocked. They`ve said we have nothing to do whatsoever with this judging process or anything. We`re just putting our soda or our cars up there for people to watch so they will buy our products. They have said that they have no responsibility in it. But this lawyer seems to think it does. That`s just another way that could be more even money that he could get from these huge, huge multi-billion-dollar corporations.
CASAREZ: So Darryl Cohen, just because you hold up a Coca-Cola cup and you give somebody a Ford Motor car because they won the competition, you`re sued?
COHEN: Apparently so. It looks to me that that`s exactly what they`re doing. The more big pockets you bring in, the deeper they are, the more chance (inaudible).
CASAREZ: You sue everybody you can. That is right. We will keep you up on what is happening with this class action lawsuit. "Dr. Drew" is coming up next.
END
