There was a comment made by Simon Cowell on American Idol a couple of weeks ago that may be of interest to some of the members of this forum. I have written a letter to Fox about this issue and have subsequently spoken with the President of the Amputee Coalition of America, who has taken a public position on the issue that is consistent with mine. I cut and paste here a press release issued yesterday by my lawfirm on the issue. Below that, I have included the original letter sent to Fox. If anyone shares my views on this issue, I think writing a letter to Fox and/or other media outlets would be appropriate to ensure that our community is heard. Feel free to copy me on any correspondence as I would like to hear your thoughts. Here are the letters:

February 5, 2007


Dear Sir/Madam:

I am writing to express concern over a recent discriminatory comment made by Simon Cowell on American Idol. In critiquing a contestant who requested coaching, Mr. Cowell stated that coaching him would “be like coaching a one legged man to run the 100 meter sprint. I might be a good coach, but if you haven’t got it, you haven’t got it.” The comment was made in the context of critiquing a very poor singer, comparing him to a “one year old” in one breath, and making an analogy to a “one legged man” in the next.

What is more disturbing than the comment itself is the fact that Fox did not think it was necessary to edit it, there was no media coverage criticizing it, and Fox had absolutely no response to my January 22, 2007 letter requesting an apology and explanation. (Letter is available to forwarded upon request).

It should not be necessary to explain why this comment was inappropriate, ignorant, offensive, and insensitive to a recognized and protected minority class. Unfortunately, by Fox’s lack of response, it seems necessary.

This comment served to perpetuate and highlight an inaccurate and offensive stereotype about disabled Americans. The comment is particularly offensive and inappropriate in light of the hundreds of wounded veterans who have returned from Iraq with amputations in the past several years. These heroes along with thousands of other Americans have spent countless hours toiling to rehabilitate, train, and assimilate themselves back into mainstream life after traumatic experiences.

Contrary to Mr. Cowell’s statements, many of these Americans are regarded as some of the finest athletes in the world, competing in every sport imaginable at the highest level. As one example, a double amputee recently climbed Mount Everest. As a right leg amputee and former competitive athlete myself, I have personally witnessed a level of commitment, dedication, and athleticism from disabled athletes that is unparalleled by any professional “able” bodied athlete.

As a trial attorney who specializes in representing amputees, I know that individuals who suffer a traumatic amputation are immediately struck with questions about how they will be viewed and accepted in society, whether their significant others will still find them attractive and desirable, and whether they will ever regain the mobility and athletic ability that they had prior to their amputations.

With hundreds of wounded soldiers coming through Walter Reed with amputations in the past several years, the broadcasted statement by Fox and subsequent complete failure to address concerns raised by a leading Disability Advocate is shocking and reprehensible.

I am not alone in my concern about Fox’s attitude toward amputees and Americans with disabilities. Paddy Rossbach, R.N., the President and CEO of The Amputee Coalition of America (amputee-coalition.org) has also taken the public position that Fox’s broadcast is inaccurate, ignorant, insensitive and offensive. She can be reached for comment at pgraspire@comcast.net.

Ms. Rossbach often references a definition of amputation created by a 16 year old amputee in an essay for early admission to Harvard University:

"Amputation: A word that connotes such extreme traumatic finality, the
actual physical loss of a part of one's body, never again to be seen or
felt, gone forever."

As our real American heroes, wounded soldiers returning from the Middle East, lie in bed pondering this finality and loss, the last thing they should hear is a major network condoning and broadcasting such a comment on a program entitled “American Idol.”

I am very interested in how your network views this issue: whether you share in Fox’s apparent apathy or believe that Mr. Cowell’s statement is newsworthy and reprehensible.

Feel free to contact me if you have further questions or comments. I can be reached on my cell phone at (415) 710-5223, email: conal@willoughbydoyle.com, or fax at (813) 354-4749.

Thank you for your attention to this matter.

Very Truly Yours,



Conal Doyle


Here is the original Jan 22 letter to Fox:

January 22, 2007

Mr. Peter Chernin, Chairman & CEO
The Fox Entertainment Group
Beverly Hills, CA 90213-0900

RE: American Idol

Dear Mr. Chernin:

I am writing to express concern over a recent comment made by Simon Cowell on American Idol last week. In critiquing a contestant who requested coaching, Mr. Cowell stated that coaching him would “be like coaching a one legged man to run the 100 meter sprint. I might be a good coach, but if you haven’t got it, you haven’t got it.”

It should not be necessary to explain why this comment was inappropriate, ignorant, offensive, and insensitive to a recognized and protected minority class. Nevertheless, I will do so because whoever was responsible for editing this program failed to recognize it as such.

This comment served to perpetuate and highlight an inaccurate and offensive stereotype about disabled Americans. The comment is particularly offensive and inappropriate in light of the hundreds of wounded veterans who have returned from Iraq with amputations in the past several years. These heroes along with thousands of other Americans have spent countless hours toiling to rehabilitate, train, and assimilate themselves back into mainstream life after traumatic experiences.

Contrary to Mr. Cowell’s statements, many of these Americans are regarded as some of the finest athletes in the world, competing in every sport imaginable at the highest level. As one example, a double amputee recently climbed Mount Everest. As a right leg amputee and former competitive athlete, I have personally witnessed a level of commitment, dedication, and athleticism from disabled athletes that is unparalleled by any professional “able” bodied athlete.

It is certainly unfortunate that in the year 2007, sixteen years after the enactment of the Americans with Disabilities Act, a media organization like Fox would fail to recognize this and allow such an inappropriate
comment to be aired on one of the most watched television shows in America.

Page Two
Mr. Peter Chernin
January 22, 2007

As a trial lawyer who specializes in representing amputees, I was surprised that Fox would allow this comment to be aired and was disappointed by Fox’s published “Diversity Policy” which limits its scope in not including people with disabilities Although my current practice focuses on representing individuals, I am a former First Amendment counsel to an ABC affiliate television station and counseled corporations, governmental entities, and insurance companies on disability and employment law for many years.

This broad experience, coupled with the fact that I am an amputee, provides me a unique perspective on the issues that Mr. Cowell’s statement raises. Mr. Cowell’s statement prompted me to take a closer look at Fox’s public position on disability related issues. You have articulated Fox’s “diversity statement” as follows:

"We believe our future rests in our collective ability to embrace change and leverage diversity through our leadership, productions, employment, procurement and continued community support. We believe that diversity is critical to our business strategy, and will improve our competitiveness and prospects for long-term success."

The “creative efforts” portion of the Fox website (http://www.fox.com/diversity/creativeefforts.htm) under “Diversity Development” states the following:

“Expanding opportunities for writers, directors, producers and actors within the creative African American, American Latino, Asian American and Native American communities is a rigorous, ongoing process within Fox. Network professionals partner with staff of the Office of Diversity Development to identify prospects – both projects and talent – that advance diversity. The result is an explosion of strategies that add to the distinctive edge for which Fox is known in television, film and employment.” (emphasis added).

This policy statement seems to limit Fox’s diversity efforts to the mentioned minority classes and certainly does not contain any stated commitment to disabled Americans. I could not find any other public statement of company policy on the Website that would indicate any commitment by Fox to advancing the rights of and opportunities provided to Americans with disabilities. However, I certainly recognize that I may not have the benefit of Fox’s comprehensive policy in that regard and welcome a response if I have overlooked something.

Page Three
Mr. Peter Chernin
January 22, 2007

The recent American Idol episode and the published diversity statements leave the clear impression (whether accurate or not) that Fox does not recognize disabled Americans as a protected minority class or value and appreciate their contributions to society or to the economy. To the contrary, Mr. Cowell’s statement tends to denigrate amputees and belittle their physical abilities, comparing a contestant to a “one year old” in one breath, and making an analogy to a “one legged man” in the next. This impression certainly seems inconsistent with your published “diversity statement.”

Had a Fox representative made a similar statement about another protected minority class, there would undoubtedly be an outcry for his job and/or a threat of legal action. This letter is not an attempt at either, nor is it intended to place me in an antagonistic or litigious posture with Fox. I am simply very concerned about Fox’s portrayal of and attitude toward amputees and disabled Americans, particularly on a program with such a wide following.

I humbly suggest that Fox should consider the following in response to this error in judgment:

1. A public on-air apology for broadcasting the inappropriate comment, preferably aired as part of the American Idol program.

2. Remedial diversity training for Mr. Cowell and the person/persons responsible for the decision to broadcast the statement.

3. A review and revision, if necessary, of the policies/procedures governing review and editing of potentially offensive and/or defamatory statements.

4. Revision and/or drafting of a new diversity policy that specifically encompasses Americans with disabilities and a corresponding commitment to providing them the same benefits and/or protections as any other minority class.

5. An appropriate donation to several of the non-profit organizations that are devoted to providing opportunities for disabled athletes.

6. A broadcasted feature or program on disabled athletes in America.

7. A review of Fox hiring practices and workforce composition and subsequent remedy of any improper practices and/or affirmative steps to correct any lack of representation from this class of potential employees.


Page Four
Mr. Peter Chernin
January 22, 2007


At this juncture, I will take no further action until I hear from you or your representative. I am willing to meet with Fox representatives in Los Angeles to discuss this matter further.

Very Truly Yours,



Conal Doyle

CD/ms

cc: Mitsy Wilson, Senior Vice President, Diversity Development

Here is the actual Clip:

http://www.youtube.com/watch?v=173MnpvCpC0

" It should not be necessary to explain why this comment was inappropriate, ignorant, offensive, and insensitive to a recognized and protected minority class. "

" This comment served to perpetuate and highlight an inaccurate and offensive stereotype about disabled Americans. The comment is particularly offensive and inappropriate in light of the hundreds of wounded veterans who have returned from Iraq with amputations in the past several years. These heroes along with thousands of other Americans have spent countless hours toiling to rehabilitate, train, and assimilate
themselves back into mainstream life after traumatic experiences. "

Quots are from Conal Doyle.

I agree,

Garry

I posted a complaint to You Tube about American Idol/Big Red, within the last half Hour, Now the message is:

" This video has been removed due to terms of use violation."

Thanks to all of you who shared in this...issue

Thank you Conal, for bringing this to our attention

With greatest respect,

Garry

Well the fact is it is offensive. You know for how long do we keep our heads turned over stupid or insensitive comments?
You know some day I will run again (I am a new amputee) and someday when those lacking judgment who have made comments about being an amputee about those who move faster, they may be the ones needing life saving care or someone they love?
So can I ask them; maybe the nurse with 2 legs could do it better?
Am I sensitive you bet, it is my sensitive feelings that held the hands of those that were loved while they left this world. It was hands like mine that watched the vents, the drips, and the very breath that people took fighting for life. The nurse who helped put stitches in your two year olds head. The one who held your mother when your brother killed himself. The one who listened as you asked why didn't I get here sooner? The one who reassured you it will be ok.
Now could I get there as fast?
I don't know how many of us waited hours for 2 legged nurses and pain meds after our amputations? I know I did! And I am an RN! How long did you wait to get to the bathroom because a 2 legged person moved that walker away from your bed and would not answer a call light when your bladder said it had to go and after 9 surgeries you leg left was to weak to jump?
So offensive, yes it is! It is as offensive as someone making comments about my color, my creed, my sexual orientation, and my religion oh? Is that OK? Did I step on toes? Well since I only have one leg can I say it did not hurt so much?

Cat