July 17, 2001

Dear Best Beloveds,

Today Judge Sabraw ruled for us!

He refused to permit the Pacifica Board Majority to hold an "emergency" meeting today to pack 5 more directors on the board. According to the board majority's lawyer, Daly Temchine, at least two majoirty directors will be resigning soon due to the pressure of the protesters. However, Judge Sabraw ruled that was a "personal" emergency, not an "institutional" emergency, and that no harm would come to Pacifica by some of its directors resignations. Judge Sabraw said he was enforcing the stipulation the board majority had entered into with us to give 30 days notice of any intended election to the board of directors—not ruling on the "legality" of such elections. He said Pacifica is free to give 30 days notice of elections if they wish, and that we would then be free to seek an injunction against such elections if we wished.

We don't know whether the majority directors will give notice of any meeting to elect directors. Perhaps not, if they are going to lose their majority before then. The current make-up of the board is 7 "majority" directors and 5 "dissident" directors. So the resignations of two "majority" directors would result in a deadlocked board. Also, at today's hearing, Mr. Temchine reported that one of the proposed "nominees"—Susan Estrich—has declined the nomination.

Our attorneys were excellent in defending the free speech rights of the protesters. Judge Sabraw was not impressed with Mr. Temchine's characterizations of the protesters as violent "terrorists" and "vigilantes."

Our feeling is that the tide has turned. They made a desperate move to try to maintain their board majority and lost. Their strength is waning, ours is growing. Perhaps it will not be much longer!

I cannot tell you all how grateful I am for your unwavering support these past two years, and how grateful I am also to our friends Dave Adelson, Pete Bramson, Leslie Cagan, Sherry Gendelman, Rabbi Aaron Kriegel, Barbara Lubin, Miguel Maldonado, Tomas Moran, Robbie Osman, and Rob Robinson—the plaintiffs & clients in the 3 lawsuits that have been consolidated with our listeners' suit—and to John Biello, Carolyn Birden, Arturo Griffifths, Kurt Guerdrum, Dick Hague, Leigh Hauter, Patty Heffley, Barbara MacQuiddy, Rick Potthoff, Chuck Scurich and Ron Swart, who joined me as plaintiffs in the "listeners' lawsuit two years ago.

Thank you,

Carol Spooner
Committee to Remove the Pacifica Board (sponsoring the "listeners' lawsuit")
web page: http://home.pon.net/wildrose/remove.htm