From today's paper:

Saturday, March 21, 2009
By Carl Hoover
Tribune-Herald entertainment editor

The Waco Performing Arts Company filed suit Friday against the Greater Tuna Corporation, its agent, Roland Scahill, and the entertainment agencies the Gersh Agency and William Morris Agency for damages stemming from the three cancellations of the play “Tuna Does Vegas” this season.

The suit, filed in 170th State District Court, charges breach of contract, two counts of negligent or fraudulent misrepresentation and violation of the Texas Deceptive Trade Practices Act. The WPAC claimed the defendants’ actions cost the Hippodrome lost revenue for the approximately 2,100 tickets sold, money spent to market the show three times and print three sets of tickets, staff manpower spent in “Tuna”-related issues and revenue lost from subsequent shows that Baker had intended to promote to “Tuna” audiences.

No dollar amount was cited for the damages alleged, but Waco Performing Arts Company executive director Scott Baker estimated the financial loss to the Waco Hippodrome Theatre, which the WPAC manages, due to the three cancellations was “hundreds of thousands of dollars,” not to mention the intangibles of damage to the theater’s reputation and loss of patron goodwill.

The legal action followed the cancellation of the April 17-19 performances of “Tuna Does Vegas” on March 18 due to an apparent double-booking of the comedy at the La Mirada Theater in La Mirada, Calif. The two-man play is the fourth and latest in the series from Austin actors Jaston Williams and Joe Sears about the inhabitants of fictional Tuna, Texas’ “third-smallest” town.

The April dates for “Vegas” had been rescheduled after a cancellation of the show in January. That January run, in turn, had been rescheduled from an original Sept. 12-14 run of the two-man show, which was scratched in the aftermath of Hurricane Gustav affecting other “Tuna” dates.

The suit, filed by the WPAC’s attorney, Seth Sutton, contends Greater Tuna Corp. has no intention of playing the April dates, and that represents “anticipatory breach of contract.” The misrepresentation charges concern information Baker says Scahill gave him that led to the WPAC’s cancellation of the five-performance runs in September and January.

“The Hippodrome did due diligence at every step of the way,” Sutton said.

Reached late Friday at his New York office, Scahill replied via e-mail, “We have had to reschedule the show, and hoped to work out things amicably with our friends in Waco but couldn’t abide by their deadlines, and still hope to play at a mutually agreeable time. But I would prefer to discuss the situation in full detail with you on Monday.”

Williams, who contended in an interview earlier this week that the “Tuna” company had no intention to return to the Hippodrome, was not reached for comment late Friday. His statement surprised many Hippodrome officials and Waco fans who noted the “Tuna” company had enjoyed enthusiastic audiences each time a “Tuna” production played at the Waco theater.

Williams and Sears, in fact, came to Waco to perform a special set of fundraising “Tuna” performances to help the Hippodrome during a 2005 financial crisis.

Included in the suit is a copy of a March 25, 2008, short-form contract or “deal memo,” signed by Scahill, that set five performances of “Tuna Does Vegas” by Tuna Does Vegas LLC on Sept. 12-14 at the Hippodrome, specifying advertising expenses and arrangements and a net potential revenue if all seats sell at the listed ticket prices.

Deal memos usually are followed by a long contract signed by both parties that contains the agreements in the memo, plus additional details such as technical specifications and other arrangements.

Baker said he signed the long contract but that it was not returned. That wasn’t a problem, he said.

“I have done shows with only short forms before, and there was no indication (Greater Tuna) had problems with the long contract,” Baker said, adding he had received e-mail communications from the play’s technical staff afterward indicating an intent to perform at the Hippodrome.

“The contract we have is a good, solid legal contract. Every step we negotiated in good faith at their request, not mine,” Baker said.

“Waco needs to be treated in the same way that Houston, Chicago, Dallas and New York City are treated.”