Fighting the Good Fight
Current KDHX Volunteers are Suing the Board of Directors
Let’s Root Root Root for the Home Team
Associate Members charge the directors with running sham elections, illegally changing bylaws, abusing their powers, and forsaking their duties.
This week, Stacy Bernard, veteran local DJ and former host of the popular Saturday morning program “Backroads” on 88.1 FM KDHX, along with fourteen other anonymous Associate Members / volunteers of KDHX Community Media, filed a lawsuit in the circuit court of the City of St. Louis demanding the removal of 7 of the 8 current directors of Double Helix, the parent corporation of the troubled nonprofit radio station.
Stacy Bernard, named as the representative plaintiff in the suit, said, “As an Associate Member of KDHX and a longtime volunteer, I feel it's my duty to stand up and do something to save this radio station. We are at an inflection point. I’ve been a volunteer at KDHX since 1993, long before this current management took over and led the station down a disastrous path. KDHX has been such an important part of the musical and cultural scene in St. Louis. It is truly a gem of independent media. The St. Louis community (myself included) has been grieving the loss of so much over this past year. This is my attempt to hold the Board of KDHX accountable for its many failures and terrible decisions that have harmed so many and brought the station to the brink of financial ruin.”
The other fourteen Associate Members joined the legal action anonymously in light of KDHX’s recent history of retaliation against the station’s volunteers. All Associate Members have rights as members of the organization including legal rights conferred by Missouri statute and voting rights.
The named defendants are as follows: KDHX, Gary Pierson (President), Paul Dever (Vice President), Joan Bray (Secretary), Ray Finney (Treasurer), Jeffrey Fernhoff, Franc Flotron, and Caryn Haddix.
Courtney Dowdall, the now-suspended director elected in a special meeting of the Associates and who was only seated after the settlement of another lawsuit, was not named as a defendant.
The plaintiffs allege that these seven directors have engaged in “fraudulent or dishonest conduct, or gross abuse of authority or discretion.” This behavior is specifically blocked under the Missouri Nonprofit Corporation statutes. In the lawsuit, the plaintiffs allege the following actions:
The Illegal Termination of Annual Members and Other Improper Bylaws Changes;
Rigged, Unfair Elections;
Dishonest, False Statements and Selective Enforcement of Policies and Bylaws Contrary to the Best Interests of the Corporation; and
Improper Retaliation Against Associate Members.
In addition to the judicial removal of the named directors, the petition asks the court to declare that the termination of the class of Annual Members (those who donated to the station and thus held voting rights) violated Missouri law as well as to declare that the amendments to the 2018 bylaws and 2021 bylaws are invalid. It also asks the court to reinstate all Annual Members and award costs and any other proper relief. As a former Annual Member, Christopher Schwarz has joined as a plaintiff in the lawsuit.
These allegations against the seven directors arrive while the press continues to reveal financial mismanagement and abuses of power at the community radio station. The St. Louis Post-Dispatch recently reported that in 2023, KDHX “lost more than $325,000 on revenues of $940,000....The station only raised around $590,000 in contributions and non-government grants over the entire year of 2023….That compares with around $820,000 in 2022 and $1.1 million in 2021.” St. Louis Magazine reported that two dissenting board members were suspended without clear cause, leading one of them to resign in protest. Moreover, rumors of the station’s imminent sale and/or collapse have been circulating on social media. When asked about plans to sell the FM license, station representatives have issued no clear denial.
The League of Volunteer Enthusiast (AKA LOVE) of KDHX fully supports the plaintiffs in their lawsuit. The LOVE of KDHX was founded on the principles of maintaining a democratically-run, community-based radio station. It has sought a change in the radio station’s leadership for almost two years in light of its financial and organizational missteps.
Ital K., host of the now defunct KDHX reggae program Ital Rhythms and now a co-chairperson of the LOVE of KDHX commented on the recently filed petition: “The stewards of KDHX have willfully steered KDHX on a path to dissolution. They have established a track record of manipulation, malfeasance, and real disdain for St. Louis. Their incompetent leadership has put KDHX on life support.”
Election News
The LOVE of KDHX held elections this month which resulted in Allen Dahm being voted in as one of the three co-chairs of the organization. He’s taking over for Chris Schwarz who stepped down at the end of his one-year term. Also bobEE Sweet was re-elected as our treasurer.
On the Internet
STLPR has released a good story on the lawsuit. Jeremy Goodwin continues to cover the ongoing events fairly and clearly.
In the Newspaper
We were touched by a letter to the editor published in Thursday’s St. Louis Post-Dispatch written by Susan Newman of Marthasville, MO. She speaks of using KDHX as the soundtrack to her life for 36 years, and of the silence she now faces when she has been deprived of the djs and music she loved.
Also the Post has an article online today about the lawsuit.
We Got Playlists
Our Spotify and youTube playlists have once again been updated by Brian Lock. He says: Native Hipsters is a collection of songs from around the globe that provide a sonic vacation from this lingering ice and snow.
Each week, we add a KDHX playlist from exiled DJs. I've found it interesting to hear messages coming through the playlists in the lyrics or song titles. This week's selection is from a September 2023 Wax Lyrical program that seems chock full of them.
Concert Calendar
Once again, Allen Dahm has assembled all this info for us. Thanks for all you do, Allen!
Friday, January 31
Bored Teachers (Comedy) - The Factory
Robert Ellis - Blue Strawberry
Typewriter Tim w/Nate Lowery - Venice Cafe
Little Hills (Free show) - The Attic Music Bar
The Frozen Headz w/Weed Tuth, Sewer Urchin, Fight Back Mountain - The Sinkhole
Where’s the Rum (Last Show) - Off Broadway
Mr. Blue Sky (Tribute to ELO) - Wildey Theater
Jill Chambless Band - The Focal Point
Sisser w/North by North, Blinded by Stereo - The Heavy Anchor
Paul Cauthen - The Hawthorn
Russ Mohr - City Winery
Billy F. Gibbons - The Pageant
Beethoven X Beyonce with the St. Louis Symphony Orchestra - Stifel Theater
Saturday, February 1
Killers of Kill Tony feat. Ari Matti, David Lucas, Martin Phillips (6:00 and 9:30 shows) - The Factory
Tinzo + Jojo - The Hawthorn
The Bob Band - Evangeline’s
Pik’n Lik’n w/Nick Gusman & the Coyotes - Venice Cafe
Stone-Hen w/The Condiments, Eric Hall - Platypus
Jimmy Griffin and the Incurables - Off Broadway
Jam’d Up - The Attic Music Bar
Miranda Bury - Blue Strawberry
The James Family feat. Nancy James - .Zack Theater
Manos PanAmerica: A Journey Through Latin America and the Caribbean - Joe’s Cafe
Terrapin Flyer - Atomic
The Vondrukes w/Apex Shrine, Stay Sane - The Sinkhole
Furthest w/Enemy Airship, Orange Foods - The Heavy Anchor
Mr. Blue Sky (Tribute to ELO) - Wildey Theater
Trippin’ Billies (Dave Matthews Tribute Band) - Old Rockhouse
Sunday, February 2
Donny Benet - Duck Room
Sunday Standard Time with Tim Schall - Blue Strawberry
Ectospire w/Spinal Fetish, Bifurcation - Platypus
Miss Jubilee Hot Swing Brunch - Evangeline’s
The Slaps - Duck Room
Tuesday, February 4
Both Sides Now: The Music of Joni Mitchell & Leonard Cohen - City Winery
Wednesday, February 5
Michelle - Duck Room
Voodoo Bob Marley Birthday Bash - Broadway Oyster Bar
Vince Martin & Curt Landes - Blue Strawberry
Tiffany Ann w/Sinead Angele, Courtney Novak, Tyler King - The Heavy Anchor
St. Louis Jazz Club (hosted by TJ Muller) - Evangeline’s
MANIA: The ABBA Tribute - The Sheldon
Thursday, February 6
Captain Bulkhead & the Portholes - Joe’s Cafe
Anita Rosamond & Curt Landes - Blue Strawberry
Peter Mayer Group - Wildey Theater
Friday, February 7
Badfish: A Tribute to Sublime - The Pageant
The Blind Boys of Alabama - Wildey Theater
The Debut of the Warped Band w/tribute to My Chemical Romance, a tribute to Say Anything - Red Flag
Joel Vanderheyden Vtet - Blue Strawberry
Seashine w/Nightfoils, Nightswim - The Sinkhole
Ian Fisher & Band Record Release Show w/Meramac, Anna Smyrk - Off Broadway
Sweet Milk and Peaches - The Focal Point
Kilverez w/Sunwise, Heroes of the Kingdom - Platypus
Loud Luxury - Ameristar Casino
Kyoto Lo-Fi w/Po Mia, Icy Tropes - The Heavy Anchor
Blackstar Symphony: The Music of David Bowie - Stifel Theater
Funk’s Grove - Evangeline’s
January 31 Releases
Adrian Quesada – Home Free (Motion Picture Soundtrack)
Bonnie “Prince” Billy – The Purple Bird
Brooke Combe – Dancing at the Edge of the World
Buckcherry – 15 (Vinyl Reissue)
Canty – Dim Binge
Circa Waves – Death & Love Pt. 1
Cut the Kids in Half – What We Became
Cymande – Renascence
Damon Locks – List of Demands
Ebo Taylor, Adrian Younge & Ali Shaheed Muhammad – Ebo Taylor JID022
Eddie Chacon – Lay Low
EST Gee – I Ain’t Feeling You
Eterna – Debunker
FearDorian – Leaving Home
Frànçois & the Atlas Mountains – Âge Fleuve
Geologist & D.S. – A Shaw Deal
The Gits – Frenching the Bully (Reissue)
The Hellacopters – Overdriver
horsegiirL – v.i.p – very important pony EP
James – James, Live at the Acropolis
Jaye Jayle – After Alter
Joe Satriani, Eric Johnson, and Steve Vai – G3 Reunion Live
Joel McPhee – I’m Just Say’n
Johnny Lloyd – Punchline
Journey Montana – Lucky Girl Syndrome
Last Train – III
The Laughing Crimes – Whispers in the Speech Machine
The Lemonheads – Car Button Cloth (Vinyl Reissue)
Lilly Hiatt – Forever
L.S. Dunes – Violet
Maribou State – Hallucinating Love
MIKE – Showbiz!
moe. – Circle of Giants
N NAO – Nouveau Langage
PayGotti – My Evil Thoughts
Penny & Sparrow – Lefty
Pentagram – Lightning in a Bottle
Pentire – Love on TV EP
Pink Chameleons – Harmony
Prison – Downstate
Qing Madi – I Am the Blueprint
Robert Ascroft – Echo Still Remains
Rumer – In Session
Sierra Ferrell – Trail of Flowers (Deluxe Edition)
Steely Dan – Katy Lied (Vinyl Reissue)
Terence Etc. – V O R T E X +
Tyga – NSFW
The Weeknd – Hurry Up Tomorrow
I hope the lawsuit involves stopping via a court order the potential vote to see the tower and license that could occur as early as this month. February. Because there is already , rumor has it, a buyer for these. At one point in the past there was a rumor (long before this crowd) of interest in buying from a Christian group. There is very little bandwidth if any available in the FM area. Even if there is a suit against the Board members, the station sale has to be stopped by the court . Or the board members may have to pay in some fashion but too late for saving the station. I'm not privy to the legal filings, so this may all be in the lawsuits. But if not, and depending on who remains to vote on the sale (which is unclear, how many actual associate members even exist, since the bylaws as I understand them still require associate members to have a say), a vote by this worthless and complicit board could still take place. So I am hoping you or whoever is involved is using this as part of their basis for the suit.
I hope the lawsuit continues. These people on the board are evil. They need somebody to knock them down and attempt to save KDHX.