NYC Radio: Judge Rules Against WBAI in $1.8M Lawsuit

The Pacifica Foundation has lost a dispute over unpaid rent for the transmitter of WBAI 99.5 FM, its New York City station, according to current.org.

Samuel Himmelstein, the attorney representing Pacifica and WBAI in the case, confirmed to Current that summary judgment was granted Wednesday against Pacifica. The California-based radio network owes the Empire State Realty Trust just over $1.8 million in unpaid rent.

The judgement allows ESRT to “seize assets of Pacifica, they can place liens on its real estate, then can seize its bank accounts, unless we work something out with them,” Himmelstein told WBAI.

The judge denied Pacifica’s defense that ESRT was price-gouging WBAI. ESRT’s most recent invoice to WBAI was for $2.4 million including fees, according to the release.

Pacifica’s board of directors met in executive session Thursday to discuss how to deal with the judgment, according to Bill Crosier, Pacifica’s interim executive director. He declined to detail the options under consideration.

ESRT must wait “a few weeks” before it can collect on the judgment, Crosier said.

“Some people are panicking,” he said. “I want to reassure people that WBAI is not going to go off the air. … We’ll get through this and we’ll be continuing to bring all the news and public affairs, music that people can’t hear anywhere else.”