The lawsuit represents the latest front in attempts by associates and former DJs who are deeply critical of KDHX President Gary Pierson and Executive Director Kelly Wells to challenge station leadership. More than a dozen DJs have been fired; at least 20 have quit.
Previously, the dissident members called a meeting on September 26 that brought out dozens of associates. It also briefly drew Pierson, who interrupted the gathering and insisted it was not a valid meeting.
The lawsuit seeks to force Pierson's hand by citing the station's bylaws to say that the meeting was properly called and that associate members have every right to choose three board members to represent them.
The members voted on September 26 to add Kip Loui, Courtney Dowdall and Darian Wigfall to the board and sought to oust board members Ray Finney and Franc Flotron. Yesterday's lawsuit was filed Loui, Dowdall and Wigfall, as well as longtime associate members Roy Kasten and Caron House.
The quintet filed the lawsuit against KDHX itself, as well as Pierson and the other individual board members. The suit notes that the board met on October 14 without Loui, Dowdall and Wigfall — and that the board's lawyer responded to a demand lawyer from the associate members by saying they do not consider the new board members' election to be valid. They expect the new board members to also be shut out of the board meeting scheduled for November 20.
"The Board is prohibiting the Associate Member Plaintiffs (and others who voted at the Meeting) from exercising their rights — and depriving them of their rights — by refusing to call a special meeting upon request, and by refusing to recognize the actions taken at the Meeting," the lawsuit alleges. "As a result, the Associate Member Plaintiffs (and others who voted at the meeting) have been disenfranchised. Their rights to elect directors and participate in KDHX's democratic process and community-based governance model have been denied."
The suit was filed by Andrew Scavotto of Stinson LLP.
In a statement, Pierson criticized both the lawyer and the lawsuit.
"This week, Andrew Scavotto, a former KDHX board president, filed a baseless lawsuit on behalf of a small group of misguided former volunteers who dislike this strategic direction," the statement said. "This former board officer used confidential, privileged information obtained during his tenure about the organization to create this false narrative and target individuals. Decisions made by this former board officer are central points in the lawsuit.
"At all times, KDHX has acted in accordance with its bylaws and Missouri not-for-profit law. We are confident that the courts will see this for what it is. KDHX will vigorously defend this suit, and continue its work to harness the power of music for all of St. Louis.”
Editor's note: We updated this story after publication to include a statement from Gary Pierson.
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