Dear Friends,
We have won an important legal victory today. A California judge
has refused to allow the Pacifica Board majority to call an
emergency meeting to stack the board with their supporters. Further,
one of those nominated, Democratic party stalwart Susan Estrich,
withdrew her name following our education campaign. Congratulations
to the plaintiffs and the legal team who have been waging the
struggle through the California courts. Enclosed is a statement they
released today. The Pacifica Campaign will be issuing a statement in
the next few days. In the meantime, keep the pressure on the board
hijackers!!!
Venceremos,
Juan Gonzalez
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 30 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 Board member Leslie Cagan:
Pacifica Board member Sherry Gendelman: Local Advisory Board
member KPFA Berkeley Rabbi Aaron Kriegel: Pacifica Board
member Barbara Lubin: Friends of Free Speech and client Miquel
Maldonado: chair Local Advisory Board, WBAI New York Tomas Moran:
Pacifica Board member Robbie Osman: Friends of Free Speech, KPFA
producer, and client Rob Robinson: Pacifica Board member Carol
Spooner: lead listener plaintiff and KPFA Local Advisory Board
member
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