Victoria Rowell is back in the news again as her retaliation lawsuit against Sony and CBS continue to churn ever so slowly in the wheels of justice. Can you believe it’s been 11 years since we last saw Dru plunge off a cliff where she was doing some weird photo shoot in the middle of Wisconsin winter? At the time many fans expected her to make a comeback as often happens when soap opera characters die only to pop back up with either amnesia, a new face or some other manufactured reason to explain their long absence. But alas, more than a decade later Rowell’s memorable character remains washed away in a river to parts unknown.
Meanwhile… back in real life, Rowell has been busy trying to reprise her role on the soap and being rebuffed repeatedly by the show’s producers and broadcaster.
Here’s a timeline of what Rowell has been up to:
February 2015: Rowell files a lawsuit against Sony Pictures, Bell-Phillip Television Production and CBS citing retaliation in violation of the Fair Employment and Housing Act. In her claim Rowell states that the show’s refusal to rehire her is because she advocated diversity for black talent on the show. CBS then releases this statement: “We were disappointed to learn that, after leaving the cast of The Young and the Restless on her own initiative, Ms. Rowell has attempted to rewrite that history through lawyers’ letters and a lawsuit that has no merit. We harbor no ill will toward Ms. Rowell, but we will vigorously defend this case.”
May 2015: Sony and CBS dispatch an army of lawyers who file a motion to dismiss Rowell’s lawsuit based on:
(a) Rowell was not denied an open role on the show because she never formally applied/auditioned. Instead CBS says Rowell asked that her character be written back into the Y&R storyline.
(b) Casting decisions are creative expression protected by the First Amendment.
November 2015: Rowell fails to convince U.S. District judge that CBS and Sony refusal to rehire equates to retaliation and dismiss her claims but, leaves the door open for the actress to refile if she can provide stronger evidence to support her lawsuit. Rowell amends her claim but, the judge dismisses it as well.
June 2016: A California federal judge grants Rowell the chance to move to the next stage of her ongoing lawsuit against CBS and Sony on First Amendment grounds for protected speech. This time Rowell alleges that her efforts to be cast for a smaller role on the soap Days Of Our Lives—also produced by Sony Pictures, is yet another way she’s being retaliated against due to the fact that she auditioned, was subsequently rejected and the soap still sought other applicants.
December 2016: A few days ago, THR’s Eriq Gardner reported:
Now, however, Corday Productions has filed a summary judgment motion that asserts the decision not to cast Rowell had nothing to do with her advocacy. “Rather, Plaintiff – who has years of daytime drama experience and her own fan base – was not the right actress to play Melinda Trask, a minor, one-note character who appeared in only 20 episodes of DOOL,” Corday’s lawyers write. The motion relies on testimony from the casting director, Marnie Saitta, who felt the Melinda Trask character didn’t have a lot of depth and so wouldn’t be appropriate for Rowell. As for the soap star’s advocacy work, Saitta apparently viewed it as a positive. Rowell “cannot establish that the Melinda Trask role was not available to her because of her public advocacy,” states the motion, adding that Rowell acknowledges both a lack of evidence of any causal link or proof she wasn’t allowed to audition because of her protected activity. Speculation alone can’t drive the lawsuit any further, Corday adds, especially since there’s a “legitimate, non-retaliatory reason” for the casting. If Rowell hopes to get the case to trial, she’ll have to convince the judge there’s evidence of retaliation and maybe figure out a way to establish that the official reasons articulated for her non-casting amount to pretext. Meanwhile, Sony Pictures has also filed a motion for summary judgment on thebasis that it is not a producer of Days of Our Lives and wasn’t involved with the casting of the Melinda Trask role.
Yikes! Rowell is doing the MOST for this role, right? I would be disappointed to learn that her allegations of retaliation and discrimination based on race are true. One never knows but, this is Hollywood after all and it’s well documented that actors of color have a difficult time scoring roles and receiving equal pay when compared to their white counterparts. Then again, this could just be a case of Rowell being difficult to work with and CBS and Sony blocking her efforts to avoid further unpleasantries. Still, you can’t deny the powerhouse acting that Rowell brought to her character. Perhaps it’s the reason why the show never bothered to recast another actress for the part.
