March 10, 2010
To: All Employees
From: Andy Van De Voorde
By now you may have seen news reports about the fact that a San Francisco court commissioner yesterday issued an order giving the Bay Guardian rights to 50 percent of SF Weekly's revenues.
We have known for weeks that such an order might be issued, and we have a plan in place to deal with it. We also will be appealing the order to the California Court of Appeal.
Despite uninformed speculation in certain publications, SF Weekly is not going out of business. Its day-to-day operations will remain unaffected...
With regard to yesterday's ruling, this latest legal gambit by the Guardian is just another example of that company's flawed and increasingly desperate strategy: to try and collect whatever monies it can before the California Court of Appeal has even had a chance to rule on the underlying merits of the lawsuit.
The near-manic intensity with which the Guardian is attempting to scrape together cash reflects the true nature of this case: That it is the Guardian, not the Weekly, that is struggling to stay in business, and which views these legal proceedings as its last hope.
We fully expect to win the case on appeal, and we are heartened by the fact that the Court of Appeal has already advised us that it has read all of the briefs, is familiar with the facts of the case, has conferenced the case, and is ready to set oral arguments.
The appeal briefs filed in this case make it clear that the Weekly is on the side of consumers -- in this case, local advertisers. The Guardian, on the other hand, is openly and unashamedly advocating against the interests of these consumers, fighting instead for its right to raise prices during one of the worst recessions this country has ever seen.
That is a fight we are happy to wage, and we intend to win it.
For more coverage of the latest in this case, see the story done by our sister paper in Denver, Westword.