Judge says Carr can't move early
Talk show host must wait for ruling before making any switch
An Appeals Court justice slammed the door on conservative talk show host Howie Carr's hopes of getting onto WTKK-FM soon.
In a nine-page ruling issued yesterday, the judge denied Carr's bid to work for the station of his choice as his legal case winds through the courts, and refused to kick parts of the case up to a full panel of appellate judges.
"I deny each request," wrote Judge Andrew Grainger.
On the question of passing parts of the case to additional appeals justices, Grainger wrote "there is no good reason for opening the door to multiple appeals."
The speedy rebuke marked the latest legal setback for Carr, who seeks to bolt from WRKO-AM for the rival FM station. "We're disappointed in the ruling, but we still believe that the final outcome will be in Howie Carr's favor," said Carr's spokeswoman, Nancy J. Sterling.
"We respect the court's decision, but we continue to believe that Howie Carr should be able to work for the station he chooses. We are keeping all options open as we decide how to move forward," Greater Media, which owns WTKK, said in a statement.
At issue is language in Carr's contract with WRKO, owned by Entercom Boston, that allows the station to match a rival's job offer.
When WRKO matched the $6.75 million contract Carr had received from WTKK, Entercom contended it had extended its contract with the popular talk show host by five years for the same pay.
Suffolk Superior Court Judge Allan van Gestel agreed, sided with WRKO, and said Carr had erred in seeking a rival offer while still under contract.
Carr's lawyers appealed van Gestel's ruling and sought permission for Carr to work for the station of his choice while his appeal was under consideration.
Shepard Davidson, the lead Entercom lawyer on the case, said yesterday's ruling was "a big win because I don't believe he has any resort that could give him a quick victory, at this point."
Carr has remained off the air since late September, when his contract with WRKO was due to expire. Entercom has already put Carr on notice that he could be liable for significant damages if he doesn't fulfill his contract.
"Is he going to stick this out for, potentially, years and not work?" Davidson asked. "We can't force him to come back. We hope he comes back. We want him to come back. He's under contract to come back. That decision is up to him. Hopefully, now, he will come back."
Diedtra Henderson can be reached at dhenderson@globe.com. 