For the record, I have now had a chance to quickly read over the actual
complaint filed by Hester (
http://www.radaronline.com/sites/radaronline.com/files/David-Hester-Files-Complaint-Against-A&E.pdf
).

He does explicitly refer to the Communications Act of 1934 (though I
believe the relevant passages were added in 1960 after the quiz show
scandals). However his suit is not based primarily on A&E breaking this
Act, as much as it is a wrongful termination suit in which he claims that
he was fired because he complained about what he believed to be unethical
and possibly illegal (under the Act) misleading of the public about the
salting of the lockers.

In the first paragraph he just flatly asserts the show violates the
Communications Act, but later, in the more specific part of the complaint,
he softens that with possibly violates the Act, and his main argument is
that, whether it violates that Act or not, the deception does violate
fundamental principles of California public policy - namely that an
employer can not fire an employee for questioning potentially deceptive or
illegal employer business practices. He is also complaining about some
technical violations of the terms of his contract - when renewals have to
be honored and the consequences of not doing so, etc.

So, while he is invoking the Communications Act, I don't think his suit
depends on Storage Wars qualifying as a game show for the purposes of the
1960 revision. His argument is that he has a right to go public with his
concerns that it might be violating the Com Act, or unethically
be deceiving the public, and he can not be fired (more specifically I
think, not have his contract renewed) for doing so.

The real money quote in the complaint is in the introduction, which states
that Storage Wars "intends to be a truthful 'reality series' depicting
people bidding at auctions of abandoned storage". So he is not really
saying the program is a game show, but he is saying that the show intends
itself to be taken as a true and accurate presentation of how these
auctions work. As several here have already noted, that is the obvious flaw
in his argument - could he really find a majority of any jury, or a single
judge, to find that 'reality series" are really intended to be taken as
truthful and accurate depictions of anything? Hester appears to think he
has a smoking gun, in A&E's famous (to fans of the show) reply to previous
questions about salting the units that "there is no staging involved  The
items uncovered in the storage units are the actual items featured on the
show". However, as many people I have talked with and interacted with about
this quote for more than a year have pointed out, it is careful and
specific enough that salting of the units could be happening and the quote
could still be technically true. The second sentence qualifies the meaning
of "staging" in the first to mean simply that the items featured on the
show are items that found in the units when the bidders unlock them after
winning the auction. That does not preclude producers from having added
items to the lockers before the auction or after the auction but before the
winners opened them up.

Whatever the legal issues here, the psychological issues (more my area of
expertise) are clear. Hester's persona on the show (and it seems, in real
life) is that he sees himself as the only real professional storage unit
bidder. The other players are their for the entertainment value of the
show. He is irritated that he is not given his rightful place as the true
star of the show, and no doubt insisted on a sizable raise, which the
producers seem to have refused. He is also resentful when the show depicts
other bidders as being more successful than him when they win with large
bids that are not justified by the quick inspection of the contents, but
payoff with the hidden, presumably salted, treasures. Hence the complaints
repeated reference to the other players as "weaker bidders", and the
ungentlemanly  revelation about Brandi's boob job (also not really a secret
to fans of the show, though there was no way to confirm that A&E or the
producers had paid for it).

I think the biggest revelation in the suit is the amount of money these
guys get paid - $25K per episode, and Hester is arguing he is due $750 K
total for the season he was, in his mind, improperly fired from. At those
rates, one wonders why they balk at going just $50 more for that
interesting unit with the jewelry box in it. When you get paid $25K per
auction, how bad can it be to lose $500 on one bad bid? Again, the real
cause of action here would seem to be non-paid bidders who have been told
they are attending a public auction (though perhaps they sign some kind of
release that covers this).

-- 
TV or Not TV .... The Smartest (TV) People!
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