ALL-IN Debates Letter to WTTW and City Club of Chicago - Settlement Proposal

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Proposed settlement to WTTW and City Club of Chicago sent out prior to initiating litigation for ALL-IN Debates. WTTW and City Club of Chicago are 501(c)(3) tax-exempt entities located in Chicago, IL. Prof. Paul Green from Roosevelt University, on behalf of City Club of Chicago, assisted in developing and advocating the exclusionary policy.WTTW and City Club of Chicago rejected the settlement offer, and proceeded with debates that excluded established political party (and ballot qualified) candidates from the Illinois Green Party. The lawsuit followed.

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Date: TO: October 28, 2010 Fax: (773) 509-5300 Daniel J. Schmidt President, CEO and Registered Agent Window to the World Communications, Inc. (WTTW) Fax (312) 759-8339 Jay D. Doherty, President, Civic Club of Chicago CC: Christopher D. Kruger, co-counsel for Rich Whitney Phil Huckelberry, Chair Illinois Green Party Rich Whitney, Candidate for Governor LeAlan Jones, Candidate for US Senate (via email) Andrew Finko 12 (including this cover page) Settlement Proposal

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October 28, 2010 Via Facsimile Daniel J. Schmidt, President and CEO, Registered Agent Window to the World Communications, Inc. (WTTW) 5400 N St. Louis Avenue Chicago, Illinois 60625-4698 Jay D. Doherty, President, City Club of Chicago City Club of Chicago, Inc. 360 N. Michigan Avenue, Suite 903 Chicago, IL 60601 Re: Dear Mr. Schmidt and Mr. Doherty: Despite having written to each of you previously to request that your organizations to honor your obligations to the voters of Illinois, to do the right thing, and to provide equal access to Rich Whitney and Green Party candidates at your debates, I have yet to receive confirmation (or even a response). Public notices show that only two candidates are being promoted, and that Rich Whitney is being censored and excluded from tonight's debate. We are writing to formally protest your wrongful and unlawful exclusion of Green Party candidate, Rich Whitney, from your gubernatorial debate scheduled to commence at 8:00 pm on Thursday October 28, 2010. Further exacerbating this situation, LeAlan Jones, Green Party candidate for US Senator (and the only African-American candidate), has already been excluded from your Senatorial debate. We are saddened and disappointed because we, like millions of Illinoisans, have relied on WTTW and PBS to serve the interests of all the people of the State of Illinois. The people of Illinois depend on WTTW and PBS for a civic voice uncontaminated by corporate dominance. We fear the current climate of corporate dominance of the electoral process has colored your position on this issue, and distanced you from your mission of public service. We are confident that, should you not reverse course, Mr. Whitney and the Illinois Green Party have colorable claims against your organizations for your suppression of their First Amendment rights and your organizations' statutory obligations under 47 USC §§312, 315, and 396, actionable through 42 U.S.C. §1983. Please see draft complaint, attached (which may be revised prior to filing). Should you fail to change course, hundreds of thousands of Illinois citizens will be denied the opportunity to make an informed electoral choice, and adversely affected by your decision to deny access to the public airwaves to legitimate political voices. Your wrongful censorship of the Green Party is even more of an affront to the people of Illinois, because the Green Party is truly a citizens' party which accepts no corporate or PAC money – and faces none of the conflicts of interest that seem to control the other two major parties. Settlement proposal

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Daniel J. Schmidt Jay D. Doherty October 28, 2010 Page 2 If you do not rescind this decision to censor and exclude Mr. Whitney from the public airwaves in violation of your charter and the public trust, we intend to utilize both the judicial system and a citizen-based publicity campaign against WTTW, and PBS as your parent organization. As your organization depends on voluntary contributions for its survival, we intend to communicate our dismay at your anti-democratic actions and anticipate that our voices will resonate with a sizable number of your listeners and contributors. To avoid protracted litigation and the attendant publicity, we make the following offer of resolution: In exchange for equal and unfettered participation in the debate (and future debates), Rich Whitney, individually, and the Illinois Green Party, will execute a covenant not to sue WTTW, PBS or the City Club of Chicago for any activity attendant to this political cycle, extending prospectively for period of 18 months until the 2012 political campaign season. We will also agree to make these terms of settlement confidential." The courtesy of a formal response by 5:30 pm on Thursday October 28, 2010, would be appreciated. Please think of Illinois voters and your viewers, who will appreciate the Bill Moyer-styled candor, truthfulness and journalistic integrity that WTTW has worked hard to develop. Thank you. Sincerely,

Andrew Finko cc: Christopher D. Kruger, Esq. (Co-counsel for Rich Whitney) Rich Whitney, Candidate for Governor LeAlan Jones, Candidate for US Senate Phil Huckelberry, ILGP Chair

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