WSRE Foundation files lawsuit against college licensee for control of donor funds
The foundation for WSRE in Pensacola, Fla., filed a federal lawsuit Thursday to prevent the station’s license holder, Pensacola State College, from taking control of foundation funds that support the station.
The lawsuit, which invokes First Amendment rights of free speech and association, comes after PSC’s board of trustees voted 3-1 Sept. 16 to end WSRE’s affiliation with PBS next year. The college’s leadership sent a letter Sept. 25 ending its direct support organization agreement with the foundation. PSC President Ed Meadows and the board described the decision as necessary following losses in both state and federal funding.
A PSC spokesperson did not respond to a request for comment.
The lawsuit was filed in the U.S. District Court for the Northern District of Florida. According to the complaint, PSC President Ed Meadows sought to “require the dissolution of a pre-existing private foundation and demand that funds donated by private citizens be turned over to the government entity, PSC. PSC also accessed and took control of the Foundation’s confidential files and records that disclose the identifying and personal information of the Foundation’s donors.”
In a news release, foundation Board Chair Amy Day said fans of WSRE’s PBS programming donated money “because they believe in the education, community storytelling, and reliable local service that WSRE provides.”
“They did not give so their gifts could be taken away and transferred into a government budget,” she added. “Protecting the trust of our community and donors’ intent is our absolute responsibility.”
The news release said the lawsuit “centers on a simple principle shared across the region: when private citizens step up to support a community mission, government should not be allowed to seize those charitable gifts for its own use.”
In an interview with Current, Day said the foundation tried to work behind the scenes to reverse its decertification and acquire WSRE’s license to turn the station into a community licensee. That request was denied.
“We have definitely tried to mediate this ourselves … and it seems as though the college isn’t willing to put the community first and work with us,” Day said. “They really have one demand, and it is to donate all of the money to them.”
Day described the lawsuit as focusing on “Whose money is it, and what can we do?” The foundation is in control of at least $5 million.
WSRE and other public TV stations in Florida each lost about $370,400 annually when Florida Gov. Ron DeSantis vetoed their funding June 30. After Congress approved a rescission of federal funding to public broadcasters, WSRE lost its annual CPB Community Service Grant of around $1.1 million. The combined losses accounted for approximately a quarter of WSRE’s annual budget of about $5.5 million.
According to an affiliation agreement between the foundation and the college’s board of trustees, PSC’s president may at any time recommend decertification if the foundation “is no longer operating for the benefit of the College, the tax-exempt status of the Foundation has been revoked by the Internal Revenue Service, or the Foundation has persistently failed to materially comply with applicable laws, rules, or this operating memorandum.”
The agreement also says WSRE Foundation employees are considered PSC employees. PSC provided $604,000 in salaries and expenses to the foundation in FY25, according to a foundation audit.
The WSRE Foundation was formed in 1990. WSRE went on the air in 1967 and became a PBS station in 1972.
