July 17, 2001

STATEMENT FROM PLAINTIFFS AND CLIENTS

Thank you! To the thousands of Pacifica listeners, hundreds of producers (including the fired and banned, the paid and unpaid) and the countless media activists around the country, we thank you all for the years of principled work you have poured into the struggle to reclaim Pacifica.

Today, in the Alameda County Superior Court, Judge Ronald Sabraw told the Pacifica Foundation and the Board majority that they cannot have their "emergency" meeting to elect five new directors to the Pacifica National Board today as they had planned. Their arguments that an emergency situation had been created by the resignations—and the expected resignations—of Board members was unambiguously rejected by the judge. Pacifica had claimed that the departure and impending resignation of directors from the majority faction of the Board constituted an emergency for the foundation. (A stipulation signed by all sides in May specified that election of any new directors must be preceded by thirty days notice, but that emergency meetings could be held on seven days notice.) His decision was not merely a victory in our struggle to save Pacifica, but it was also a clear defense of free speech and our constitutionally protected right to protest, to make our voices heard.

In his ruling the judge also said that Pacifica can convene a meeting as long as the proper thirty days written notice is given, and that at such a meeting elections for new Board members can take place. While the present Board majority might decide to do this, we are confident that the tide is turning and tremendous changes will unfold in the coming weeks. For instance, in court today, Daly Temchine, the Epstein Becker & Green lawyer who represents the Pacifica Foundation, announced that at least two of the present Board members are prepared to step down. He also announced that one of the people whose names was being put forth for possible nomination, Susan Estrich, has declined nomination.

While we are extremely pleased by the Court's decision today we also know that our work is far from over. We are optimistic that in the not too distant future the five dissident Board members will become part of a newly constituted Board majority. An interim Board will need to be constructed, and the important work of building a democratic, accountable and transparent organization will begin. This work will be grounded in the long history of Pacifica and the five stations. It will be strengthened in its relationship to the progressive social change movement in this country and around the world. And it will be dependant on the participation and continued support of our listeners and the staff who have supported us so courageously and tirelessly thus far.

Again, we thank you all for the energy you have poured into this struggle. We hope you will all take a moment of pleasure in our victory today, and then roll up your sleeves for the work that lies before us.

Plaintiffs and Clients:
David Adelson, chair, Local Advisory Board, KPFK Los Angeles
Pete Bramson, Pacifica National Board member
Leslie Cagan, Pacifica National Board member
Sherry Gendelman, Local Advisory Board member, KPFA Berkeley
Rabbi Aaron Kriegel, Pacifica National Board member
Barbara Lubin, Friends of Free Speech and client
Miguel Maldonado, chair, Local Advisory Board, WBAI New York
Tomas Moran, Pacifica National Board member
Robbie Osman, Friends of Free Speech, KPFA producer and client
Rob Robinson, Pacifica National Board member
Carol Spooner, lead listener plaintiff and Local Advisory Board member, KPFA Berkeley