There is quite a battle going on in Orange County, California over the decision by the cash-strapped Coast Community College District to sell off its Public Television Station, KOCE. It rejected a $40 million cash bid in favor of a much lower one from the KOCE Foundation that would keep the station as part of the PBS system. Last month in Word of God Fellowship, Inc. v. Coast Community College District, 2005 Cal. App. Unpub. LEXIS 5454 (CA Ct. App., June 23, 2005) an appellate court invalidated the sale, holding that the reason for the acceptance of the lower bid was that the high bid came from a group of televagelists. In reversing the trial court, the court of appeals said: "In essence, this means a new sale -- or, if the district's trustees find that the prospect of televangelists eventually acquiring KOCE to be too distasteful, no sale at all. As we have shown they certainly have at least that discretion under the statute. But if they do sell, it must be a fair sale to the highest cash bidder, with no favoritism as regards bidding deadlines."
Today, the Los Angeles Times reports that the high bidder, Daystar Television Network, in another attempt to buy the station, will file suit in federal court for damages arguing that its free exercise of religion rights were violated when the college district refused to sell to it. The suit claims that the defendants' actions were "designed to interfere with the plaintiff's right to acquire KOCE-TV based solely on the fact that plaintiff is a religious organization" and that its "programming [is] designed to promote and disseminate Christian tenets, teachings, beliefs and values."
