May 4, 2007 12:58 pm US/Eastern
Imus' Lawyer: Comments Were Consistent With Past
NEW YORK (CBS/AP) ―
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Disgraced radio host Don Imus, fired for racist and sexist comments barely three months into a five-year, $40 million contract, plans a lawsuit against CBS Radio to collect the huge unpaid portion of his salary, his attorney said Thursday.
A lawyer for fired radio host Don Imus said Friday that the broadcaster's bosses had the capacity to censor the comments that led to his April firing -- and their decision to let them air showed his racist and sexist words were considered routine for the often provocative show.
CBS Radio and MSNBC had delay buttons, but didn't use them when Imus made his crude comments about the Rutgers women's basketball team, lawyer Martin Garbus said on ABC's "Good Morning America." CBS Radio owns Imus' former home radio station, WFAN-AM; MSNBC televised the show.
"That means CBS and MSNBC both knew the language that was going out, and both knew the language complied with (Imus') contract. ... It was consistent with many of the things he had done," Garbus said.
But a spokeswoman for MSNBC, which simulcast the Imus program on cable television, said Friday that the broadcast aired without a delay and that there was no opportunity to delete the nationally syndicated DJ's description of the 10-woman squad as "nappy headed hos." Allison Gollust of MSNBC said the cable network would not respond to any of Garbus' other remarks.
Imus -- fired barely three months into a five-year, $40 million contract -- planned to file a breach-of-contract lawsuit against CBS Radio to collect the huge unpaid portion of his salary, Garbus said Thursday. MSNBC will not be named in the suit.
Garbus suggested on "Good Morning America" that Imus' complaints could be resolved out of court if CBS were willing. He said Imus had "tried to resolve this peacefully with CBS," and that "it's something that could quietly be resolved."
A CBS Radio spokeswoman, Karen Mateo, said Friday she would not respond to Garbus' remarks. A day earlier, CBS Radio said it would vigorously contest Imus' claims.
"We terminated Mr. Imus for cause," CBS Radio said in a statement. "Based on the comments in question and relevant contract terms, we believe that the termination was appropriate and CBS would expect to prevail in any attempt by Mr. Imus to recover money for his actions."
In discussing the planned lawsuit, Garbus has cited a clause in Imus' contract in which CBS acknowledged the National Broadcasters Hall of Fame inductee's services were "unique, extraordinary, irreverent, intellectual, topical, controversial."
The clause said Imus's programming was "desired by company and ... consistent with company rules and policy," according to Garbus. The suit would be filed by the end of next week in state Supreme Court in Manhattan, he said.
Garbus said he was "very optimistic" about Imus' chances, and he said the veteran broadcaster was ready to go forward with his suit after keeping a very low public profile since his firing.
The 66-year-old Imus was initially suspended and eventually dismissed after his denigrating comments about the Rutgers team, the runners-up in the NCAA tournament. Although he apologized repeatedly, Imus was dumped as pointed criticism from black leaders and show advertisers escalated.
Imus described the 10-member team, which included eight black women, as "nappy-headed hos" on his nationally syndicated radio program. His producer, Bernard McGuirk, also was fired for making similar comments during the April 4 program, which aired on more than 60 stations nationwide.
(© 2007 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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