KDHX Loses in Court as Judge Rejects Motion to Dismiss

A St. Louis judge today allowed a lawsuit filed by critics of KDHX's leadership to proceed, rejecting the radio station's attempt to have it thrown out of court.

At a 1 p.m. hearing at the 22nd Circuit Court, St. Louis Circuit Court Judge Jason Sengheiser ruled that a group of associate members and would-be board members of the community radio station can proceed with their lawsuit. Lawyers for the Double Helix Corporation, KDHX's parent company, had argued unsuccessfully for the case to be dismissed.

At issue in the suit is whether a September 26 meeting held by associate members of the station, who voted to oust two current board members and seat three others, was valid under the nonprofit station's bylaws. KDHX Board President Gary Pierson has consistently argued that it was not — including at the meeting itself — and has called the suit "baseless" and the plaintiffs "misguided." Each side has accused the other of not following the bylaws properly.

The suit was filed after months of turmoil at KDHX that saw wide swaths of its volunteer DJs being unceremoniously fired, oftentimes after decades of service, after they were vocally critical of the station's leadership — specifically Pierson and Executive Director Kelly Wells. Many more volunteers resigned in protest of the firings, and the battle has become increasingly bitter in the months that have followed.

The people suing KDHX include former DJs Roy Kasten, Caron House and Allen Dahm, as well as would-be board members Darian Wigfall, Kip Loui and Courtney Dowdall. The suit, which names the Double Helix Corporation itself and many of its current board members as defendants, seeks to compel KDHX to seat Wigfall, Loui and Dowdall on the station's board of directors and remove current board members Ray Finney and Franc Flotron.

With today's ruling, that effort will move forward in court.

"A few months ago, KDHX's lawyers filed a motion to dismiss our lawsuit that seeks recognition of three candidates elected by the associates to the board of directors of KDHX in September 2023. The judge denied the motion to dismiss," Kasten says in a statement. "He had read all the relevant documents, and he heard arguments from our attorney and from KDHX's. But contrary to KDHX's claims, our petition will not be dismissed. So our lawsuit is moving forward, and we will continue to seek to have our three elected representatives seated on the board of directors.

"This has been a good day for fairness in St. Louis and a good day for democracy at KDHX," he adds.

"Today’s decision means the case will move forward and all of the facts will be shared publicly," Pierson meanwhile says in a statement of his own. "We look forward to this, and will continue to use our platform to amplify the voices of our region."

Editor's note: We updated this story after publication to include a statement from Gary Pierson.

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