Judge Rules Against Talk Hosts Denied Washington State Capitol Press Access
A trio of conservative media figures – including KVI, Seattle afternoon drive host Ari Hoffman – failed in their bid to get a temporary restraining order that would force the state legislature in Washington to give them access to parts of the Capitol building only accessible to bona fide
journalists. The attorney for Hoffman and co-litigants Brandi Kruse and Jonathan Choe argued that the “process used to deny them press credentials was vague and arbitrarily applied, violating their due-process rights, and withholding access because of they disagree with the lawmakers’ political views violates their constitutional rights of free speech and free press.” U.S. District Judge David Estudillo denied the TRO, saying, “The three failed to show that they are likely to succeed on their free press or due process claims, and the ‘House has a substantial interest in ensuring the reporters it permits to access the House floor meet the credential standards promulgated so the House may debate and pass laws without interruption or lobbying in that space.’” This story, as reported by KSL-FM, Salt Lake City, says, “The Washington State Capitol Correspondents Association guidelines for granting press passes says the person must be ‘a bona fide journalist’ and there must be a line ‘between professional journalism and political or policy work.’ The association shifted the credentialing process to the Legislature after the three threatened a lawsuit in 2025. The Senate eventually issued the passes, but the House took over the process and denied the pass requests.” The three say they will appeal. See the KSL story here.
their podcast “The Dumb Zone,” arguing that it violates the terms of their contracts, specifically the non-compete clause. McDowell and Kemp left “The Ticket” in July after being unable to come to terms on a renewal due to the two sides’ disagreement over digital initiatives. Since then, the two have been producing the aforementioned podcast. In response to the suit filed by Cumulus, McDowell and Kemp argue, “Plaintiff’s business is the operation of terrestrial radio stations – old media – and it was only in that business that Plaintiff employed Defendants. Plaintiff has realized only too late that it should have been moving into new media platforms for years now. Defendants’ new venture does not compete with Plaintiff, and their words and actions have complied with the restrictive covenants of their employment contracts despite, as will be shown below, almost all of those covenants are illegal restrictions on Defendants’ rights under the National Labor Relations Act.” Mediation has been set for August 22.
Tuesday (8/8), Cumulus filed suit against the duo on August 4 claiming they are in violation of several clauses in their contracts with the company. McDowell and Kemp left Cumulus last month after they were unable to come to terms on a renewal to remain with “The Ticket.” The sticking point was their desire to explore digital initiatives outside of their work with Cumulus. They have since launched a podcast via Patreon that Cumulus says violates their six-month non-compete. The company also alleges the two have violated the non-solicitation and non-disparagement clauses of their contract and additionally alleges they have “commandeered” company-owned social media accounts, threatened to release “conversations Defendants illicitly recorded” with company executives. Cumulus is seeking “emergency injunctive relief” plus attorneys’ fees and costs. McDowell told listeners to the podcast released on Sunday (8/6), “We’re working with certain advisors. We’ve been advised that we are doing nothing wrong, so don’t stop, for now. So right now, we are putting this out there, and what’s in store for tomorrow? I don’t know.”