AND, IN THIS CORNER...
Here, in chronological order, are three recent court documents in the case of the Empire State Building (ESRT) vs. WBAI/Pacifica. One of these papers was posted earlier, but is duplicated here for the sake of completeness.
We are indebted to 'indigopirate' for retrieving these documents and submitting the following summary:
Himmelstein today presented the court with its response to ESRT’s presentations of last Friday.
Their argument consisted of essentially the following points:
Their first argument, as to why the court should grant WBAI/Pacifica the right to file an amended answer, consists solely of the argument that the court has such latitude, not any argument as to why it ought to do so.
Their second argument consists of asserting that ESRT has not proven that WBAI/Pacifica had the option in 2005 of moving to 4 Times Square, only that the option existed and that 4 Times Square had in the aftermath of the destruction of the twin towers significantly improved and upgraded its broadcast facilities and options. They therefore assert that ESRT has not proven WBAI/Pacifica had this option and was aware of this option at that time.
Most interestingly, I thought, they in no way attempted to address the point made in ESRT’s filing, accompanied by the relevant expert affidavit, that the lease rates paid by other FM stations at Empire State were comparable in 1992 and 2005 to those of Pacifica.
That statement as to fact remained unaddressed by WBAI/Pacifica.
I’ll be frank: In my judgement they have no case, no evidence, and no argument.
What conclusion the court may reach is, as always, a separate question.
~ ‘indigopirate’
Unless there is a clause in the lease that would preclude public disclose of the terms of the lease, the quickest way to put this to bed is expose the other leases of the master antenna committee stations.
ReplyDeleteIf they are in the same range as the Pacifica lease, it's time to find the cash to pay the arrears and negotiate a graceful exit from the ESB.
If the people who control Pacifica and WBAI were rational people, they would be coming up with a Plan B - What to do in the likely event that ESRT wins the motion for summary judgment. But, of course, they are not rational. They will stumble along in their willful ignorance until ESRT starts foreclosing judgment liens in their property.
ReplyDeleteBy this time, any rational business entity would have sold WBAI by and cut their losses. The money from the sale would still probably dwarf the debt to ESB. But they're probably still too busy trying to assign blame to someone in their midst to do the rational thing.
DeleteWhile the Communications Act of 1934 includes language stating that spectrum licenses do not convey property rights per se, the rights they do convey certainly have property-like characteristics, including permanence.
DeleteFrom a legal perspective, it would be easier to attach the real property that Pacifica owns
Questions: As related/coupled hypotheticals:
ReplyDeleteIf the ruling were to go against WBAI/Pacifica in the full amount presently projected at ~$2.4m+ and still growing as I understand it, and if Pacifica real estate, etc, is insufficient to satisfy that debt, would ESRT be able to capture Pacifica cash assets in accounts and/or attach some or all of their income?
Also, if they are forced to close operations in New York, does the contract likely require that they remain liable for the balance remaining for the full term of the contract and/or penalties?
If the proceeds realized from the sale of property taken by foreclosure of a lien does not satisfy the underlying debt, the debtor remains liable for the remaining deficiency.
ReplyDeleteIs it possible, then, for their admittedly feeble cash flow to be strangled?
DeleteSort of. A judgment lienor can attach an income stream from a known party to the judgment debtor (the most common example is when a judgment creditor attached a debtor's salary. A judgment lienor can also attach a debtor's bank account. It is not possible to attach contributions as they come in to WBAI. However, once they are in a bank account, they can be reached by the lienor.
DeleteAfter everything that has happened, Pacifica still can't get rid of Reimers nor even speak of getting rid of him, even though he seems to be the most destructive force at Pacifica. I dare Crosier to finally say Reimers needs to be fired.
ReplyDeleteSDL
I can tell you that Reimers' departure would be greeted by a majority of WBAI's current insiders, some of whom, incredibly, would like to see the equally invisible Andrea Katz cast in that role.
DeleteOf course the mystery of Reimers' seemingly perpetual position is deepened by Bill Crosier's failure to dismiss him. When asked, Bill can only say that the timing for such a change is not right. That raises another question: When is it not right to fire someone who was hired based upon a highly embroidered resumé and subsequently spent several years falsifying accounting records to obscure a growing debt and —in general—making decisions that have kept the station on a steady downward track?
The reason for granting such a do-nothing misfit perpetual incumbency and paying him what is probably the highest salary in WBAI's history is a question to which anybody with real concern for Pacifica's future should demand an answer.
One obvious possibility is that the rest of Pacifica imagines it might benefit from the sale of WBAI's frequency, yes?
Delete~ 'indigopirate'
Yes.
DeleteI think WBAI is on the selling block. The real question is what faction will benefit from the sale.
DeleteSDL
It will, I think, be amusing to see how this plays out, though of no consequence for anyone other than the small closed and enclosed little leftist world which is all that remains of the original foundational principles – which is, indeed, pretty much the antithesis of the original goals and principles.
ReplyDeleteClaiming openness, it is closed and enclosed.
Claiming free speech, it is confined to ‘correct’ speech.
Claiming dedication to dialog so as to foster understanding, it is dedicated to rancor, resentment, and hate-mongering.
Claiming commitment to the arts and education above all, with accompanying coverage of the society, the polity, and its concerns, it is in fact committed only to clumsy leftist advocacy which appeals only to a tiny number of already committed true believers.
It's a private little leftist club of, by, and for, progressive failures, with a bit of petty hustling for various scams on the side to line a few pockets of the club members.
Whether these good folks are able to extract a few private advantages from the scabrous wreckage of this enterprise is yet to be seen, and the only thing of any interest.
Which is to say, I suppose, of no interest at all.
Here's a thought, and possibly an opportunity for a wager or two:
ReplyDeleteIt's been shatteringly clear, even from public information, that Jared Kushner, thus the Kushner family, had hyper-leveraged so as to purchase 666 Fifth right at the peak of the market. Always a shrewd move, right, to overpay and hyper-leverage?
There’s now, in addition to the previous coverage, an in-depth piece in Bloomberg as to how desperate they are and how desperate the situation is:
https://www.bloomberg.com/graphics/2017-kushners-china-deal-flop-was-part-of-much-bigger-hunt-for-cash/
The principal mortgage is due in eighteen months, and the numbers don’t add up.
So... we have here an amusing opportunity for a compare-and-contrast:
A race to the finish as to dissolution, WBAI/Pacifica v Kushner....
Place your bets.
~ ‘indigopirate’
In my day, WBAI used to roll out their stalwart commies for Labor Day. They've gotten soft.
ReplyDeleteSDL
Today the focus has shifted from red to black—the colors, however, are decidedly artificial.
ReplyDeleteAs WBAI:s manager, I received periodic visits from a HUAC snoop who told me that there were commies everywhere. On his first visit, he gave me a pamphlet containing an exhaustive list of subversive U.S. groups, businesses and organizations; amazingly, I did not find WBAI or Pacifica listed, but there were dance schools and theater companies in the heartland. On each visit, I swear his wandering eyes went from ceiling to under my desk. I used to thank him for the warning, but I don't think he had a trace of humor in him.
Gus Hall must be rolling in his grave...
ReplyDeleteSDL
I just read there where four stabbings at the parade. Since I didn't listen to the crap, I don't know if WBAI has reported on this. Knowing them, it was caused by white supremacists or some such nonsense.
ReplyDeleteSDL
In case you missed it, Randy Credico tweeted out Saturday that WBAI needs a new program director, "get rid of the RiffRaff now", and that they only have 300 listeners per hour. Later that night, he deleted the tweet.
ReplyDeleteScreenshot of the tweet:
https://imgur.com/a/GJ91n
Interesting that Credico deleted his tweet—it will stay here, where I posted it. Thank you for passing it on, anonymous.
Deleteron daniels .... blacks talking to other blacks about africa . Wow , who could have guessed that?
ReplyDeletethis has to be one of the biggest wastes of a 2 hour time slot on radio.
Ron Daniels is an exploiter of his own race. I can understand Gil Noble's son elevating his father to a higher pedestal than he perhaps deserves, but I also knew the off-air Gil and can attest to a side of him that was less than nobel, as it were. His conflict with Geraldo Rivera (who called himself Jerry Rivers when I first met him) was based on professional jealousy, for example—it's a story I won't go into now... suffice it to say that I had high respect for Gil and his work while I can not find any for the so-called "professor".
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