Radio-host-in-limbo Howie Carr is asking a Suffolk Superior Court judge to reconsider the decision that has kept him from working at WTKK, while his former station wants the court to ban Carr and WTKK from talking to each other until 2012.
Carr’s attorneys have filed an emergency motion for reconsideration. The motion says Carr is following rules laid out in the judge’s memo and hasn’t begun to work for another employer even though his agreement with the Entercom Communications-owned WRKO ended Sept. 19.
Before his WRKO (680 AM) contract ended, Carr struck a deal worth $7 million to host the morning drive show on WTKK (96.9 FM), an offer WRKO matched.
In a memo issued last week, Judge Allan van Gestel said the provision in Carr’s WRKO contract that gives the station the right to match a competitor’s salary is valid. However, the judge said, the noncompete clause in the contract is illegal. Van Gestel hasn’t ruled on whether Carr is compelled to stay at WRKO. But WRKO says that because it matched WTKK’s offer, Carr works for them until 2012.
Entercom has also filed an emergency motion asking the judge to ban WTKK owner Greater Media from talking to Carr or his agents or making any public statements about him working for them until 2012.
Entercom claims Greater Media “continues to try to lure Mr. Carr into broadcasting on its radio station and refuses to cease making statements to the public that it hopes Mr. Carr will come to work for it soon.”
In a court affidavit, Entercom Boston Vice President Julie Kahn said she has “no doubt that Entercom will lose substantial . . . money” if Carr leaves WRKO. Kahn said some businesses have told Entercom they won’t continue to advertise with WRKO “in light of the publicity indicating that Mr. Carr was or might be moving to WTKK.”
The judge yesterday set a hearing for Oct. 15, when both sides will argue their cases. Carr has been off the air since last week.
Howie has compared his situation with Entercom to
indentured servitude. Well as far as he’s concerned
he “ain’t gonna work on Julie’s farm no more”,
as Dylan would say...