The news that Mendocino Coast Television must give its building back to Footlighters stunned supporters of local cable access television and has created both positive suggestions and acrimony.
Mendocino County Superior Court Judge Jeanine Nadel has ruled that MCTV must give back the Footlighters building at 248 E. Laurel St. in Fort Bragg and pay $36,315.
The tentative ruling stems from the 2007 transfer of the building from then-Footlighters president Bud Farley to MCTV, a transaction the judge found to be illegal. The suit dragged on for three years, while MCTV continued to spend on the building and Footlighters operated in other venues.
“A few people have expressed that the Footlighters should give us back the building and have made not so peaceful comments about the lawsuit. I appreciate the support from people, and their sentiments on the one hand, but really what is needed now is for people to use their energy in helping us find a home and a way to support ourselves,” MCTV Executive Director Elizabeth Swenson told the audience on the MCN listservs.
Today, May 16, the MCTV board meets to consider how it will handle the move, which is what current Footlighters President Junice Gleason is waiting to hear about.
“The board of MCTV will be having a meeting in the near future. Until the “officers” of both organizations have had a chance to meet, I don”t feel comfortable on speaking on Ms. Swenson”s “feelings” on the matters ahead of us,” Gleason said.
Swenson gave several reasons why the two organizations can”t share the building.
“There are several ways we are incompatible,” Swenson said. “The biggest issue is that a television studio needs a large, flat floor space and a theater needs a stage. There is not enough space in the building for both. Had sharing the building been an option, we might have not felt going to trial was our only choice we had, other than walking away. It is simply not an option to have both a TV studio and a live theater stage in that same space. I invite people to come visit us and see our building and studio for themselves. We are open 1 to 5 weekdays,” Swenson said.
Gleason characterized those statements as “all or nothing” and said the play company has extended an olive branch and wants to hear from the board.
“For the most part, there has been an overwhelming outpour of congratulations and support from the community,” Gleason said. “There also had been a small group of MCTV supporters who have been making derogatory remarks toward the Footlighters and the court findings of Judge Nadel.
“Like I have always said, Footlighters loves this community and would never want to jeopardize community television here on the coast. There will be discussion between both organizations which hopefully will bring a positive outcome.”
MCTV”s attorney did use an all-or-nothing defense, arguing that MCTV acted in good faith after being given the building and nobody objected at first, so Footlighters lost their rights to the then-mold drenched building.
The judge instead focused on the transaction, deciding that former Footlighters president Bud Farley acted without authority from the organization. She also questioned why Swenson and the board didn”t look deeper into the deal. The transfer was done without title insurance and using a quit claim deed instead of a grant deed, the normal method of transferring real estate.
“These events that have occurred are not the doing of Footlighters. Bud Farley acted on his own with no authorization from the board of Footlighters or the general membership. The Footlighters is a theatrical group. Though we are into drama, this is not quite the drama we like to be involved with. We prefer a good slap stick comedy ourselves,” said Gleason.
Suggestions
Among the suggestions that have been circulated is that MCTV move to the College of the Redwoods campus, which many assume has space due to downsizing. Swenson said she found that not to be the case.
“The college has already found a tenant that is taking all the space that is available. It is a charter school. If that doesn”t work, they have another charter school that wants the space. They do have another space they are apparently not planning to rent out until next year,” Swenson said.
One thing Footlighters has offered to consider is allowing the cable hookup to stay in the building. Swenson explained that the cable hookup might cost $50,000 to move. She said fiber connections were set up between all the places MCTV records meetings, Fort Bragg High School, College of the Redwoods and Town Hall.
MCTV records and broadcasts hundreds of public meetings per year. The video comprise a history of how things happened in coastal governments in the 21st century. Current broadcasts on channel 65 and channel 3 include local music, Democracy Now! and extensive coverage of the Willits Bypass controversy, ranging from an interview with a spotted owl to an interview with the Caltrans spokesman.
“Comcast said in 2007 when they installed our connections fibers, that the installation into the building was worth $50,000 and to expect to have to pay the same if we moved. Some of the cost will depend on where we move, but even just across the street can be a big deal. When our current connection was set up, it took Comcast a few months to “engineer” the connections and two guys spent the better part of two days soldering fiber.”
Finances
Swenson said even without losing the lawsuit and being forced to move, MCTV has financial issues.
“Aside from the lawsuit, we are unable to function as we have been at the level we have been because we do not have enough income a structural problem that has reached the tipping point. So there is a lot to figure out and all of it involves money we do not have,” Swenson said.
Although today”s MCTV board meeting is open to the public, the discussion of reacting to the lawsuit will be done in closed session. Government agencies and nonprofits are allowed to close any discussion of legal issues to the public. The board meeting will be held at 6 p.m. at the MCTV/Footlighters building on Laurel Street.
