On November 6, 2025 attorneys for the African People’s Education and Defense Fund (APEDF) appeared in the 11th Circuit Court of Appeals in Jacksonville, Florida to argue for the reinstatement of our lawsuit against Pinellas County for unlawful defunding of the noncommercial FM radio station, WBPU, aka “Black Power 96 Radio” in St. Petersburg.

Standing in court on the side of Black Power 96 Radio was an entourage of community members led by the station’s 100% blind manager, Mr. Eddie Maultsby. Some had driven five hours from the St. Pete/Tampa Bay Area to show their support, while some came from Gainesville and other parts of Florida.

Sitting on Pinellas County’s side of the aisle was only Daniel Abbott from the high-priced Miami law firm Weiss Serota Helfman Cole + Beirman, hired by Pinellas County to defend their unlawful acts.

Black Power 96 Radio’s lawsuit is seeking restoration of federal funding withheld in violation of their First Amendment rights as well as protections against racial discrimination. This case was a “canary in the coal mine,” as it foretold the current wave of politically-motivated defunding. If successful, the suit will set case law precedent benefiting hundreds of institutions currently fighting defunding.

In 2022 and 2023, the APEDF’s radio station applied for two federal COVID relief grants from the American Rescue Plan Act (ARPA) totaling $104,128 for broadcast equipment and a backup power generator. Both of the APEDF’s grant applications were ranked 4th highest out of scores of applicants, having shown the value of the station’s service to St. Petersburg’s impoverished Black community and having documented its COVID losses.

The first grant was approved by a unanimous vote of the Pinellas County Commission and a contract was sent to the APEDF. Before the funds were dispersed, newly seated County Commissioner Chris Latvala introduced a motion to revoke the APEDF’s grant. He denounced Black Power 96 Radio’s association with the Uhuru (Black freedom) Movement and declared that “they should not ever receive funding from this Board.” The Board agreed with him and revoked the radio station’s funding.

Despite its high ranking, the County then denied the APEDF’s second grant application for a backup power generator, fabricating a series of nonsensical excuses.

In October 2023, the APEDF filed a federal lawsuit charging Pinellas County with violating the nonprofit group’s First Amendment right to freedom of association as well as racial discrimination since the COVID relief funds went disproportionately to nonprofit groups serving mostly white constituents, in violation of the ARPA guidelines.

The County is arguing that they don’t need a reason and they can fund or defund whomever they choose. Black Power 96 Radio’s case is based on case law that says government funding decisions can’t be made in violation of constitutional protections.

In discussing the ongoing defunding threat against universities that allow legal pro-Palestine protests on campus, journalist and First Amendment legal expert Glenn Greenwald said, “once the federal government, or any government, decides to offer a benefit that’s optional, it doesn’t have to provide it, but it decides it’s going to, it cannot then condition receipt of that benefit on your expressing a particular view, your affirming a particular view or your refraining from expressing a political view. It is basic First Amendment doctrine.”

Hearing the case was a panel of three judges in the 11th District Court of Appeals in Jacksonville, Florida. Judges Kevin Newsom and Andrew Brasher are both from Alabama, Trump appointees and members of the Federalist Society. Senior Judge Paul Huck is a Clinton appointee and a University of Florida alum.

The judges must decide whether to uphold Tampa federal court Judge Barber’s decision to dismiss Black Power 96 Radio’s suit or to send the case back to Tampa to be fully litigated.

The County’s defunding of Black Power 96 Radio was unconstitutional and they know it. Commissioner Latvala admitted as much in text messages obtained by Attorney Lirot in discovery, in which Latvala directed a staff member to “look into that African group” and confided to an associate, “They may try to sue over discrimination which is why I focused on the radio station aspect the other day. The contract was literally sitting on the CEO’s desk. I told staff after the workshop I was going to bring it back up to try and kill it. Don’t publicize either of those things.” One judge called those text messages “a smoking gun… coarse, gross and ugly.”

Major colonial media entities around the U.S. have ignored this case, despite its implications for their own editorial independence. Some attention and support has come from independent media activists and First Amendment scholars. A panel presentation of the case was well-received at September’s Grassroots Radio Conference in Spokane, Washington.

NYC radio host and founder of the Ida B. Wells Media Defense Network Mimi Rosenberg, called the suit a front line battle deserving of support from all independent media. The “FCC Actions Alert” newsletter writes that the “Appeals court decision has implications for First, 14th Amendments.”

Attorney Luke Lirot is contributing his work and the assistance of his staff to this case on a pro bono basis, committed to the justness and importance of the case.

The APEDF is responsible for paying the court filing fees, printing, travel and other costs to pursue the case and needs your support.

Donations to the legal fund can be made at: BlackPower96.org/LegalFund More info at contact@ blackpower96.org or by calling 727-914-3614.