Eugene Radio: ‘Donkey Show’ Suit Fails In Court

It took a jury less than two hours Thursday to reject all claims in a lawsuit filed by a former KFLY-FM 101.5 FM Eugene, OR radio personality who claimed that he faced such intense verbal abuse on “The Donkey Show” that he was forced to quit.

According to Greg Bolt at The Register-Guard, the jury of eight women and four men took less than two hours to decide against former radio personality Michael Fleming on all counts and awarded no damages.

Fleming had charged that he was subjected to vitriolic and demeaning verbal abuse while serving as an unpaid co-host of “The Donkey Show” in 2011 and early 2012. He said the on-air insults created such a toxic work environment that he feared for his safety and had no choice but to quit.

Attorneys for Fleming and Bicoastal Media, the company that owns station KFLY-FM where “The Donkey Show” airs, spent about three hours making their closing arguments Thursday morning. Mario Conte, the attorney for Bicoastal, said Fleming failed to show that he was subjected to discrimination, was demoted or was treated any differently from anyone else who appeared on the program.

“All alleged discrimination happened on ‘The Donkey Show,’ including the alleged demotion. It was all part of the show,” Conte said in e-mailed comments after the verdict was announced. “Mr. Fleming was a voluntary participant in ‘The Donkey Show’ for over four years without ever complaining to Bicoastal’s management.”

Conte said the insulting banter on “The Donkey Show” essentially was part of a shtick aimed at generating controversy. Yes, it was crude and crass, Conte said, but it was an equal opportunity insulter.

Lewinter told jurors that the abuse went so far beyond play­acting or good-natured ribbing that it started to affect Fleming’s quality of life and self-image. It forced him to seek counseling and caused weight gain, loss of sleep and other physical effects.

The conflicts between Fleming and Chad 'Tanner' Haney became so tense that they made Fleming fear for his safety, Lewinter said, particularly after the episode involving the Super Bowl bet. That was when Fleming complained to a supervisor about Haney, after which Haney made remarks on the air that Fleming took as threats.

“It was a crude, crass show,” Conte said. “People were called names and insulted on the air all the time.”

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