Well, folks, I've done it again. Back in the news. Only this time, I'd rather not. Here's what you need to know before reading the story: I live my life in such a way as to never be involved in a lawsuit. That said, since I now find myself in one, as the plaintiff, I have done absolutely everything right. I have the side of truth. I have a mountain of evidence. The opposition has absolutely no case.


Thursday, March 19, 2009

By Carl Hoover

Tribune-Herald entertainment editor

Managers of the Waco Hippodrome Theatre have for the third time canceled a scheduled performance this season of “Tuna Does Vegas” and say they’ll take the theater group behind the stage comedy to court.

The Waco Performing Arts Company, manager of the Hippodrome, began Wednesday notifying ticket holders to “Tuna Does Vegas” of the cancellation, claiming the show’s company has refused to scratch its April 17-19 performances in La Mirada, Calif., so it can perform in Waco. Those April dates had been approved by WPAC for a rescheduled Hippodrome run of the popular comedy.

“It’s cost us hard cash in marketing and (ticket) refunds. . . . We’ve lost the good will of our patrons, money, promotion and income,” said WPAC board president Hap Nielsen, explaining the board’s March 5 decision to approve legal action against the “Tuna” theater company. “It’s an aggravation to all of us.”

"Tuna Does Vegas," starring Jaston Williams (left) and Joe Sears, has been canceled at the Waco Hippodrome Theatre for the third time.

Austin actor Jaston Williams, who with actor Joe Sears created and performs all of the characters in the four “Tuna” plays, bristled at the suggestion of a lawsuit, claiming “Tuna” company members made it clear after their last Waco appearance that they’d never play the Hippodrome again.

“This makes me so angry to hear that. We did a huge fundraiser for these people to save that theater,” said Williams by phone from Austin. “We made it clear after the last time we were there that we were not going to play the Hippodrome again: It’s too small.”

“Tuna Does Vegas,” the fourth and latest comedy about the inhabitants of fictional small-town Tuna, Texas, was scheduled to open the Hippodrome’s fall schedule in September. After Hurricane Ike forced cancellation of several “Tuna” performances near the Gulf Coast, Hippodrome officials agreed to reschedule the Waco dates for January at the request of “Tuna’s” booking agent, WPAC Executive Director Scott Baker said.

Those January dates then were moved to April after company representatives claimed damage to costumes while in storage would prevent the Waco performances, Baker said. Beginning in February, however, callers to the Hippodrome’s offices advised its staff that “Tuna’s” Web site was listing performances in California on the dates reportedly promised to Waco.

Baker stopped sales of “Tuna Does Vegas” tickets in February until the situation could be clarified, but he said calls and e-mails to agent Richard Scahill of New York-based Gersh Agency went unanswered for days. Scahill finally communicated with Baker in early March but failed to reply when the WPAC director demanded written notice of cancellation of the California dates by March 9 or legal action would follow, Baker said.

“ ‘Tuna’s’ pattern of uncertainty, broken promises and refusal to assure us the April show will go on has left WPAC no choice but to cancel the show,” Baker wrote Hippodrome ticket holders.

Williams, however, said the “Tuna” company had no intention of performing at the Hippodrome this season. The September dates booked for “Tuna Does Vegas” had been approved with the thinking that “Waco Performing Arts Company” was a larger venue, he said. “I think it’s a case of bait-and-switch,” he charged.

Baker, however, countered that he has a signed contract for those September performances, although the WPAC signed but never received back contracts for the January and April rescheduled runs.

“With all due respect, I have a signed contract for those September dates. . . . Someone’s lying, and it’s not me,” he said.

Baker said the now-triple “Tuna” cancellations had damaged the Hippodrome’s 2008-09 operating budget and its reputation with its patrons, and impending legal action would address that. He did not specify what legal action would be pursued or the amount of damages sought, however, on advice of counsel, he said.

Baker said the theater had sold approximately 2,100 tickets for the five “Tuna Does Vegas” performances scheduled for April. Ticket holders can request a full or partial refund through the theater’s box office, but in a letter sent to those with tickets, which is posted on the WPAC Web site, the executive director urged them to pass up a refund and consider the tickets a tax-deductible donation.

“Our situation is critical, and we need the assistance of all ticket holders to overcome this challenge in order to continue to bring the high level of entertainment that we all enjoy and expect,” he wrote.

Those wanting information on refunds can call the Hippodrome box office at (254) 752-9797.

Nielsen said the board had considered seeking a loan to cover a cash-flow crunch earlier this year but would take a wait-and-see attitude, with several upcoming productions this month and next bringing revenue to the theater.

“It will depend how generous the hearts of Waco Performing Arts Company patrons are,” he said.

Moral of the story: Don't mess with Waco. Don't treat my patrons like dirt. Don't go back on your word. Don't violate your contract with me. And, most obviously, don't lie to me or the press when I've got a signed contract and have documented every single step of the issue.

I hate this. But I will do what is necessary. And I will do the right thing.