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Our Lawsuit - YOU BE THE JUDGE (membership list)

Should KRFC continue to spend individual and small business donations defending this lawsuit? Read a bit about our case and judge for yourself.

We charge[1] that KRFC withheld their membership list from a member in good standing who had a proper purpose, in violation of Colorado law: C.R.S. 7-136- 101, 102, 103, 104, 105.

One verbal and two written requests for the membership list were made to KRFC. The final request was written by an attorney to assure compliance with state law especially regarding "proper purpose".

KRFC replied without proof that no member of Save Grassroots Radio could possibly have a proper purpose.

KRFC's near monopoly on communication with volunteers and members prevents members from knowing information essential for their active and responsible involvement in KRFC, and prevents SGR from correcting the record in their own defense.

Disclosing the membership list allows member(s) to communicate with other members about corporate affairs, and particularly matters which the corporation is not itself communicating, and to independently check vote counts and tallies. This law is more familiar to shareholders in for-profit corporations who have used it to protect their investments by informing other shareholders about important corporate activities. The principle involved is similar to our right to free speech, especially unpopular speech, which is guaranteed by both the U.S. and Colorado constitutions.

A judge ruling in our favor would likely follow the judicial remedies in C.R.S. 7-136-104 including disclosure of the membership list, ordering KRFC to pay our legal expenses, copying expenses, and "any other remedy provided by law".

[1] Charges quoted from the lawsuit:

Board denies access to a copy of the membership list to a founding member who makes a proper request.

  1. On February 22, 2007, Plaintiff Lemberg requested in writing a copy of the KRFC membership list.
  2. Making explicit reference to C.R.S. 7-136-102(3)(c) and C.R.S. 7-136-105, and assuring that no improper use would be made of the membership list, Lemberg articulated the specific purpose for which he sought a copy of the membership list:
    [T]he purpose of this request is to inform members of certain actions of the KRFC Station Manager and Board of Directors including but not limited to a change of the KRFC bylaws, opposing the change in the mission statement; and revocation of membership of several KRFC members. The membership list will be used to generate support among members for fair hearings and due process for those members and support among members for fair consideration of the petition, pursuant to KRFC bylaws, opposing the change in the mission statement.
  3. The Board denied Lemberg's proper request for a copy of the KRFC membership list and violated Plaintiff Lemberg's rights under C.R.S. 7-136-101(3) and 102(3).