Since New Day Pacifica was formed—its mission being nothing more complicated than reorganizing to stabilize Pacifica’s governance and finances—you’d think the world would’ve breathed a collective sigh of relief. Instead, a whole heap of myths, misinformation, and “alternate facts” from certain quarters began swirling around, all designed to confuse and mislead people about what New Day is up to and what its actually trying to accomplish.

It’s almost impressive, really, how this mess of disinformation has only intensified since the settlement was reached and the court order was signed. One would think that, with the legal dust settling and a clear path forward, folks might finally calm down and, oh, follow the new bylaws as intended. But no—here we are, with fresh fabrications floating around faster than you can say “fake news.”

Now, we’ve got people declaring, with great confidence and even greater lack of evidence, that the settlement and judgment aren’t final, so—get this—no one has to follow them. And, of course, there’s the usual pile of other whoppers to go along with it.

Well, folks, it’s time to put the rumors to bed. We’re serving up a big ol’ plate of Fact vs. Fabrication, because someone has to set the record straight. So buckle up. It’s time to call out the nonsense.

Fabrication: The settlement is illegal because a vote of the Pacifica National Board (PNB) can’t make the kind of bylaw changes in the settlement agreement—those kinds of changes need to be voted on by the membership after a proper notice period.
Fact: Well, here’s a newsflash, folks: the changes were already voted on by the membership in 2021. That’s right, 2021. After a long and heated referendum (which, let’s be honest, was more like a marathon than a sprint), 55% of Pacifica members voted for these changes. The PNB didn’t magically invent new bylaws out of thin air—no, they just finally recognized what the membership had already decided. After four years of litigation, mind you, but better late than never.

Fabrication: The judge dismissed the case years ago? New Day and the PNB just dredged up an old case that had already been thrown out.
Fact: Oh, if only it were that simple. The judge didn’t dismiss the case—he ruled that both the listeners and staff had to vote separately on the bylaws changes, because, and here’s the kicker, the staff class would have been at an advantage under the New Day bylaws. The case continued, and here we are. If the case had been dismissed, the court wouldn’t have kept holding hearings, would it?

Fabrication: There was nothing left for the judge to decide after his ruling in April 2023.
Fact: Ha! Really? The big issue left was whether the 131 “no” votes from WBAI staff were legitimate. Were they really qualified to vote? According to the bylaws, they had to work 30 hours in the three months prior to the record date (you know, right when the pandemic was raging and no one knew whether to wash their groceries or just eat them straight off the counter). Well, turns out there’s no evidence those WBAI staff members worked the required hours. So, guess what? Those votes don’t count. Now, without those invalid votes, the majority of the staff nationwide voted YES, which means the membership passed the New Day bylaws in 2021. Period. End of story.

Fabrication: The WBAI staff votes are legitimate because they were on the staff list sent to the NES.
Fact: Oh, bless their hearts. Being on a staff list doesn’t automatically qualify you to vote. It’s like saying that just because someone who donated 5 bucks is on a donor list, they automatically qualify to vote as a member. You can’t call yourself a member just because you’re listed—you’ve got to meet the $25 actual qualifications. The same goes for staff. And those Bylaw qualifications were not met. Turns out that keeping track of time to assure that “staff” actually put in any, let alone 30 hours so they qualified to vote was definitely not on the WBAI agenda. WBAI didn’t even pretend to keep track of time. Sorry, not sorry.

Fabrication: New Day “lost” the 2021 referendum?
Fact: Oh, I love a good myth, don’t you? Here’s the real story: the listener members voted overwhelmingly YES (6,640 to 5,216, that’s 56% to 45%, for you math majors). There was also majority support among staff at 3 out of 5 stations. But, and it’s a big but, the unsubstantiated and invalid votes from WBAI were counted anyway. Now, take away those votes, and guess what? The majority of staff nationwide voted YES—in 2021. So, this settlement is really just fixing a bad call. No “loss” here, just some overdue justice.

Fabrication: The PNB is jumping the gun by implementing reforms.
Fact: Nope. The PNB is following the court order. The settlement is legally binding, and there’s no injunction or stay in place stopping the reforms. A routine court date was set in July to make sure that the Settlement and Judgment were signed and recorded – that things were wrapped up, so if they weren’t, the case wouldn’t fall into the cracks. But trust me, no one’s been rushing this process. It’s been four years. In case you missed it, that’s a lot of waiting.

Fabrication: We’re losing democracy here.
Fact: Now, this one’s rich. In fact, these reforms will increase democracy. Remember when labor unions like the UAW and the Steelworkers started allowing members to directly vote for national officers instead of using delegates? That’s what we’re doing here. Direct elections for board reps, staff reps, national officers. Members are now directly involved in the decision-making process. The new bylaws make the National Board smaller, more focused, and easier to hold accountable. It’s a win for everyone except the folks who like to play political games and slow down progress.

Why The New Day Bylaws at All?

Because, quite frankly, Pacifica was on the verge of collapse. Years of mismanagement, infighting, and outdated governance had nearly destroyed the programming, trust, and financial stability that once made Pacifica a vital force for independent media. Reform was already demanded by the membership in 2021, and it was long, long overdue.

Pacifica doesn’t need more finger-pointing or endless legal battles. It needs a fresh start, and this settlement is the first step toward that. These bylaws will help turn things around, putting Pacifica back on track to do what it does best: serve the public with bold, unflinching journalism.