TAMPA, Fla. – Evidence in an alleged Anti-Semitic business sabotage legal case against Tampa radio disc jockey, Orlando Davis, was trashed by a judge of the 13th Judicial Circuit Court on May 20.
The legal case alleged Davis committed business interference, defamation, and intentional emotional distress against a white Jewish nightclub and YouTube disc jockey. Davis is a Black disc jockey and program director of WiLD 94.1 FM, known as “Tampa Bay’s Party Station.”
The case was Erik Mishiyev vs. Orlando Davis and Beasley Media Group, which owns WiLD 94.1. The issue was Davis’s 20-year span of alleged sabotage of Mishiyev’s Hip-Hop DJ business and Davis’s alleged physical threat in April 2021.
Related news: Orlando Davis, Wild 94.1 FM Sued For Racist, Anti-Semitic Defamation
The incident allegedly occurred at American Social, a nightclub in Tampa’s Channelside District.
Davis, in front of a witness, allegedly approached Mishiyev after he filed his first lawsuit. Davis was accused of threatening, “I’ll slap the sh-t out of your white Jewish a–.”
Mishiyev claims he is the only Tampa DJ issued an award by YouTube where he entertained over 100,000 followers and drew fans like The Backstreet Boys, Bucs’ players, and Derek Jeter. Seventy-five percent of his fans were allegedly Black.
Through text messages submitted to The Free Press, a Jewish Beasley employee claims Davis vowed to take down Mishiyev during work hours.
Another texter’s recount describes Beasley’s HR reaction to Anti-Semitism in the workplace.
In his lawsuit, he stated that based on information and belief, “Mr. Davis and Beasley employees contacted YouTube/Google directly on or around December 12, 2019, and made false statements that Mr. Mishiyev was posting copyrighted material, that he was racist, and that Mr. Mishiyev was a Jewish “culture-vulture” (which is a slang term that is used in the hip-hop community to refer to a white or non-Black person who benefits from hip-hop culture without any appreciation for its roots), and that Mr. Mishiyev was a conservative supporter of Donald Trump for President and that Mr. Mishiyev was using illicit drugs.”
Related News: “I’m the Reason DJ Short-E Ain’t Made It” Radio Host Orlando Davis of WiLD 94.1 Sued
Mishiyev also filed counts of “Assault,” as well as “Negligent Supervision,” which pertained to his belief Beasley Media Group did not properly supervise Davis’s work performance.
This case was an amended lawsuit that Mishiyev filed “pro se,” without an attorney.
Earlier, he filed an intellectual property rights case against iHeart media and won a settlement. iHeart illegally used Mishiyev’s stage name, “DJ Short-e.”
In this case, Mishiyev similarly complained about a 2018 Beasley employee who did the same thing. An attached male caricature promoting a DJ, “Short-e,” did not present any likeness to Mishiyev. Mishiyev’s legal complaint states Beasley Media Group responded to the incident once he complained.
But Mishiyev believes all of his witness testimony and case exhibits, which were never heard or seen in court, would have shown a pattern of sabotage.
This latest case was assigned to Judge Caroline Tesche Arkin. On May 20, she granted Davis’s attorney’s Motion to Dismiss the case based on Florida’s Anti-SLAPP law.
In 2015, this law, originally intended to protect the free speech of public government figures, was expanded to include other public personalities, including people in the entertainment industry. In her case dismissal remarks, the judge stated, “…when viewed in their context, the alleged speech at issue is nothing more than the typical banter expected in the radio industry.”
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Mishiyev claims the judge ignored Davis’s physical threat, ignored allegations of business sabotage, and never granted a discovery process to review text messages, radio show, and social media comments where Davis allegedly admits he’s “The reason DJ Short-e ain’t made it.”
Judge Arkin also wrote Mishiyev’s case was “an airing of grievances against Davis and others for ‘making fun’ of Plaintiff (and) refusing to be friends.”
Stating Mishiyev’s feelings might be understandable, she ultimately decided the “so-called malicious pattern of sabotage, disrespect and bullying about which Plaintiff complains is not actionable from a legal standpoint.”
The judge also indicated that Mishiyev’s case without an attorney was flawed in its preparation.
Mishiyev told The Free Press he believes the judge improperly interpreted the Anti-SLAPP law and ignored Davis’s alleged attempt to sabotage him.
Mishiyev said, “The defendants’ lawyers said this was just a publicity stunt, and I was just trying to confuse the judge. I am shocked the judge came back with her decision. It’s illegal to sabotage someone’s career…This just sets a precedent for any DJ to sabotage competitor DJs.”
The judge dismissed the case “with prejudice,” meaning Mishiyev cannot re-file his case. Mishiyev says he is stunned over this decision. He filed a Judicial Qualifications Complaint against the judge on June 5. On June 10, he filed a Notice of Appeal.
The Free Press contacted Davis’s attorney, Rachel Fugate of Tampa’s Shullman Fugate law firm to secure comments, but she could not be reached.
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