This story has been updated with input from a plaintiff and an activist group of KDHX supporters.
A St. Louis Circuit Court judge ordered KDHX to restore membership status to at least some of the more than 100 people the community radio station’s leaders dismissed from the nonprofit organization last month.
Two former DJs and 14 anonymous co-plaintiffs asked Judge Joan Moriarty in a Thursday hearing to tell KDHX that it must welcome volunteers back and restore their voting rights with the nonprofit organization — days before an annual meeting at which key decisions about the station’s future could be made.
The judge granted the temporary restraining order.
The financially imperiled radio station’s leaders are “enjoined from terminating the membership of Plaintiffs and/or preventing Plaintiffs from participation in the annual meeting and election of board members” scheduled for Tuesday evening, Moriarty wrote.
“It's important that the judge understands KDHX really belongs to the community and not just to the board of directors. So we're really happy with this as a first step, but obviously we've got a way to go to actually try to get those directors removed,” said plaintiff Christopher Schwarz.
A spokesperson for activist group LOVE of KDHX said the group believes the order only applies to the 16 plaintiffs but may ask the judge for clarification. Schwarz said it’s unclear how KDHX could comply without reinstating everyone, as most of the plaintiffs are anonymous.
The wording of the plaintiffs’ request calls for everyone terminated on Jan. 31 to be restored to member status.
KDHX lawyer John M. Reynolds said in court there would be no votes at the meeting, calling it merely informational. But the station’s bylaws say the meeting's purpose is to vote on directors and conduct any other station business.
A two-thirds vote of members present Tuesday would also be needed to approve any sale of the station’s broadcast license. Reynolds said that KDHX leaders are looking at selling the debt-saddled station’s assets and that it is “two steps from bankruptcy.”
When STLPR asked KDHX leaders in December if they were considering selling the license, they did not answer.
KDHX did not immediately respond Friday when asked what the agenda for the annual meeting will be, or if any votes will be taken.
