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Cumulus Sues Hang Zone with a lawsuit against former 1310 The Ticket hosts Dan McDowell and Jake Kemp.
The lawsuit comes over their podcast endeavor since leaving 1310 The Ticket last month. The new podcast is called The Dumb Zone.
McDowell and Kemp departed the station after failing to come to a new contract agreement.
Cumulus Sues Hang Zone – The Legal Side
According to a memo from Cumulus Dallas Market Manager Dan Bennett, the two parties saw talks break down “over competing digital media interests Dan and Jake wished to pursue outside of a Cumulus Media partnership”.
After leaving 1310 The Ticket, McDowell and Kemp started a Patreon podcast entitled The Dumb Zone. This appears to be a side eye play on their former Ticket program The Hang Zone.
In response, 1310 The Ticket sent the pair a cease-and-desist letter.
On Friday, Cumulus filed a lawsuit in the U.S. District Court for the Northern District of Texas against Kemp and McDowell alleging breach of contract.
In the complaint, the company argues that McDowell and Kemp created the new program while still employed by The Ticket.
This was in violation of their non-compete agreements per the lawsuit.
The suit goes on to say the duo began “recording an identical show…which follows the same program format as The Hang Zone.”
They also report the podcast is focused on a male audience and on Dallas-area sports.
Legal documents also show the company believes Kemp and McDowell rebranded social media accounts owned by 1310 The Ticket.
The company has asked for a temporary injunction against the pair and The Dumb Zone.
It believes that “without a temporary restraining order and a preliminary injunction, we will continue to suffer substantial irreparable harm to its business as a result of (McDowell and Kemp’s) actions”.
According to documentation in the case, McDowell — who joined The Ticket in 1999 — had a clause in his contract that prohibited him from “directly or indirectly” engaging “in any activities the same or essentially the same” as his radio work for six months after his contract ended. A clause also appears to show that Cumulus reserved the right to enact “immediate injunctive relief” should the clause be broken.
Cumulus previously charged a local nonprofit for ads they admit they did not air. After Other Side Dallas reporting, Cumulus did refund the payments.
A 22-year-old woman & recent graduate of @UNTsocial details how #Antifa & far-left extremists tied to terrorist groups threatened her for organizing conservative events in north Texas. Antifa also threatened her parents after she refused to self-censor. https://t.co/74ccAkpHSv
Ngô states that members of the Elm Fork John Brown Gun Club targeted a UNT student and a prolife prayer she led. He also links to a Human Events piece detailing the harrassment by members of antifa while at UNT.
He names Christopher Guillott as a leader of the Elm Fork John Brown Gun Club. Ngô states Guillot directed efforts against Kelly Neidert.
In another report, an antifa member died carrying out a terror attack in 2019. This person was from the Washington state chapter.
Garrett Lee, made open threats on Twitter with no response from law enforcement. Lee is also an extremist member of antifa based in Dallas.
Andy Ngô Biography
Ngo was born and raised in Portland, Oregon. His parents fled Vietnam in 1978. They had been subjected to forced labor and communist re-education camps.
Ngo volunteered with AmeriCorps while attending the University of California, Los Angeles. He graduated with a graphic dessign degree.
WFAA hides the Jimmy Kimmel broadcast monologue from last night.
Described by some as powerful, Kimmel delivered an emotional monologue opening his program last night. It dealt with the school shooting in Uvalde, Texas. It comes the same day a student was arrested at Berkner High School with long guns.
WFAA interrupted the Kimmel monologue with a series of commercials and promotional announcements.
The station claims the interruptions were not deliberate, but were instead caused by technical problems. Kimmel has accepted their apology per a Twitter post.
I've known the staff at @wfaa personally and professionally for almost 20 years and believe this mistake was made unintentionally. Thanks for reposting and for correcting this error. Sending love to all my friends in Texas https://t.co/F1OkJkcZx7
WFAA Hides Kimmel, But Not First Time They’ve Been Political
This is not the first time WFAA hides evidence or doesn’t correct stories. In the past WFAA has been accused of bullying sources or presenting half the side of a story to get it out.
D Magazine did a significant story on former TX32 Congressional Candidate Brett Shipp, who is now at Spectrum News.
We also note that an escort approached local media, including WFAA, about Brad Namdar, but despite video evidence, the station political team would not pick up the story.
Additionally, there have been other stories about them doctoring video, supporting local PR agencies, not following story facts, and even contributing to political candidates.
It is not clear if last night was a true techical issue or an intentional act to avoid a political issue on the other side of the corporate view.
