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Attorney Takes Legal Action Against WTTW

January 20, 2010

An attorney for the Meister for U.S. Senate campaign is asking the Federal Communications Commission to find WTTW/Chicago in violation of FCC rules for its exclusion of Jacob Meister from a debate tonight among candidates in the Democratic race for U.S. Senate.

David A. Axelrod, attorney for Meister, said Wednesday he is protesting the decision to exclude Meister from the upcoming broadcast of “Chicago Tonight” although Meister meets and exceeds criteria to be considered a viable candidate.

“It is unfortunate that we must seek action, but we must because WTTW has continued to refuse to permit Mr. Meister to participate in the program, taking the position that he is not a viable candidate,” Axelrod said. “We had hoped that there would have been a remedy at this juncture. Barring that, this action is the right course to take.”

Meister is a viable candidate, Axelrod said, because he obtained more than 17,000 signatures supporting his inclusion on the ballot; employs a full-time staff; has hundreds of campaign volunteers; has broadcast political ads on TV and radio; and has been included in every other public forum in which the other U.S. Senate candidates have been invited to participate.

The criteria for candidate selection WTTW is using is not objective and is in violation of the FCC’s requirements for debates, Axelrod said, adding that WTTW’s position that the “Chicago Tonight” forum is not a debate is an attempt to hide behind the provisions of the Federal Communicates Act.

Carol Marin, the debate moderator, has publicly stated her belief that Meister could be the surprise candidate in the campaign.

“The only fact, which appears to distinguish Mr. Meister from any of the other Democratic Party candidates, is that Mr. Meister is gay,” Axelrod said.

“WTTW’s decision to exclude me isn’t based on any reasonable or accurate standard, whether in a court of law or the court of public opinion,” Meister said. “My inclusion is about access. It is about fairness and the right of every Illinois voter to be given the opportunity to choose the candidate who he or she believes is best suited to hold the office of United States senator.”

“WTTW is not a commercial broadcast station. It is a public entity funded by the state of Illinois and the federal government,” Axelrod said. “As a public agent, WTTW has a legal and moral responsibility to provide the citizenry with an unbiased point of view. The only reason we can see for Mr. Meister’s exclusion is his sexual orientation.”

Despite its status as a public enterprise, WTTW is the only entity to exclude Meister from participating in a debate. The station maintains that Meister’s performance in a Dec. 2, 2009 Chicago Tribune poll warrants exclusion. ABC Channel 7 decided to include all U.S. Senate candidates in its Jan. 12 debate citing the poll as outdated. The ABC Channel 7 debate was co-sponsored by the League of Women Voters and the Better Government Association. The Union League Club of Chicago, Southern Illinois University College Democrats, Lincoln Park Neighbors United for Peace and DePaul University, the Northern Illinois Coordinated Campaign Committee in Rockford and CITV (Community Information Television) in Lincoln all have included Meister in their public forums.

“Our current political system too often marginalizes people. This lawsuit is about equal access and civil rights for all people,” Meister said. “My campaign has long been focused on capturing the undecided voter and providing an independent voice to those who are denied their own. We are asking WTTW to help empower people with information so they may make their own decision.”

 

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