Falchuk seeks court order to participate in televised debate

Evan Falchuk, an independent candidate for governor, filed a lawsuit in Suffolk Superior Court on Wednesday seeking to force the organizers of an upcoming gubernatorial debate to allow him to participate, his campaign said.

Falchuk and Jeff McCormick — two of three independent candidates — had been scheduled to participate in a televised debate on Oct. 27, but their invitations were rescinded.

In August, they, along with Democrat Martha Coakley and Republican Charlie Baker, were invited to participate in the debate co-sponsored by New England Cable News, the Telegram & Gazette, the Worcester Regional Chamber of Commerce, and the Hanover Theatre. The debate will be held at the Hanover Theatre in Worcester and air live on NECN and WNEU-TV Telemundo.

But the organizers changed their minds, telling Falchuk and McCormick two weeks ago that they were no longer invited.

The Chamber, which did not return an email seeking comment Wednesday night, has said neither candidate had enough support in the polls to warrant a place next to Coakley and Baker, who polls have shown are essentially in a deadheat for the corner office.

“The Falchuk for Governor campaign has always been about the fact that the political establishment doesn’t take people seriously, and this needs to change,” Falchuk, who started the United Independent Party as a result of his disillusionment with party politics, said in a statement. “In this case of the Worcester debate, the legal and ethical issues are so pronounced we decided to take a stand.”

Falchuk’s argument has been that there were no stipulations placed on the original invitation, so it’s unfair that it be rescinded because of polling numbers. Recent polls have shown Falchuk registering up to 5 percent support of voters.

According to Falchuk’s lawsuit claiming breach of contract, he tried in vain to persuade the debate organizers to let him participate before seeking legal action.

The suit alleges that Falchuk reserved a block of time in his schedule for the debate, which “is especially significant for Falchuk because the few weeks before Election Day will be critically important time period for his gubernatorial campaign, during which he will be devoting every waking hour to voter outreach, public appearances, press interviews and the like.”

And money is not the resolution to this problem. If he can’t debate, the suit says, “Falchuk will suffer irreparable harm that cannot be subsequently reminded by money damages.”

The suit only addresses Falchuk’s invitation being rescinded, not McCormick’s.

McCormick said in a statement Wednesday night that he hoped Falchuk succeeded. “The fact that the independent candidates were uninvited from the Worcester NECN debate, especially after accepting the original invitation, is a failure of the democratic process,” he said. “... The decision on who is on the stage should not be left to media outlets. Massachusetts law dictates how someone gets on the ballot and that should be the only qualifier.”

All five gubernatorial candidates, which includes Scott Lively, another independent candidate, have appeared together in two televised debates. The Worcester event will make the second time Baker and Coakley debate one-on-one on live TV; the first was a debate co-sponsored by WGBH and the Boston Globe.