Sunday, October 21, 2007

Fans of the American hard rock band Aerosmith have launched legal action against the band in response to a late cancellation of a scheduled concert on the Hawaiian Island of Maui.

Attorney Brandee Faria filed a class action suit in Hawaii Circuit Court on October 19. The suit alleges that the band’s cancellation cost fans between US$500,000 (€349,944) and $3 million (€2.1 million) in travel and accommodation costs, as well as other related expenses.

The sold-out September 26 Maui concert – originally planned months before as the final show of a world tour that began in Brazil in April – was canceled by the band on the basis that they could not make it to the island in time after a September 24 concert in Chicago. The Chicago concert, which attracted 18,000 people, was rescheduled at the last minute after the original September 10 concert date had been postponed due to illness.

The band canceled the show at Maui’s War Memorial Stadium, which was set to be attended by 9,000 people, and apologized to fans. The band’s management company, HK Management Inc., gave no initial reason when they canceled on September 20, but blamed logistical reasons by the next day.

However, just days later, on September 29, the band traveled to the neighbor island of Oahu to play a corporate event in Honolulu for Toyota car dealers and private guests. An audience of 6,000 people celebrated the 50th anniversary of the Japanese automobile manufacturer at the University of Hawaii, with Toyota paying $500,000 (€349,944) to hire the campus. Aerosmith received $1 million (€700,000) to perform at the event. Faria alleges that Aerosmith abandoned the scheduled public concert on Maui in favor of the more lucrative corporate event on Oahu.

“…Defendants simply canceled the only public performance by Aerosmith in favor of the larger Chicago venue and the lucrative, private concert for the Toyota car dealers,” the complaint states.

Local officials had hoped the concert would attract other big names to the island.

Faria said that “I’ve had people contact me being out of pocket at much as $800 or $900,” adding that if the cancellation is found to be deceptive ticket holders may be eligible for a minimum of $1,000 each. The complaint also says that those aged 62 or over should receive at least $5,000 each. Currently about a dozen ticket holders are involved with the suit. If the action is approved by a judge, steps will be taken to contact everyone who purchased a ticket.

Sunday, September 30, 2007

Evan Wolfson, the founder of the modern gay marriage movement, tells the waiter he would like an iced decaf and “the usual.” Wolfson, one of Time Magazine’s Most Influential People in the World, is a man who unflinchingly knows what he wants and stays his course, whether it be in his choice of restaurant or in his choice of battle. And others always know when they see Evan coming what it is that he wants.

Since his time at Harvard Law School when he wrote a paper on the topic, what Wolfson wants is the right for gay people to marry. The issue gained national prominence in 1993 when the Hawaii Supreme Court held in Baehr v. Lewin that the government had to show a reason for the denial of the freedom to marry, not just deny marriage licenses to the plaintiff gay couples. Wolfson was co-counsel in the historic 1996 Hawaii trial in which he argued that the government does not have a sufficient reason for excluding same-sex couples from marriage. In 1999, Wolfson contributed to Baker v. Vermont, the case that led to the creation of civil unions; advised the lead attorneys in Goodridge v. Department of Public Health, the case that led to same-sex marriage in Massachusetts; and since 2003, when he founded the primary umbrella organization coordinating the efforts to win marriage for gay people, Freedom to Marry, Wolfson has played a role in every marriage equality case in the United States. He is the movement’s founder and leader, and his focus remains square on winning that right. “For years,” said Matt Foreman, executive director of the National Gay and Lesbian Task Force, “many of us were saying to him, ‘We’re not ready. The country’s not ready. And, by the way, you’re crazy.'”

When I make a statement to him about his devoting his life to gay marriage, he corrects me: “I’ve played a part in cases that span the entire spectrum of eliminating gay people’s exclusions and limitations on who gay people are, and I’ve also written on immigration and economic justice, and I have worked on cases involving race discrimination in jury selection and women’s inequality. I don’t think one has to pick one of these things; they work together.”

Indeed, he has. Wolfson was lead counsel before the Supreme Court in Boy Scouts of America v. Dale, the case arguing against the expulsion of gay scoutmasters. As an intrepid young assistant district attorney in Brooklyn, Wolfson worked on People v. Liberta to end the exemption that allowed women to be raped by their husbands legally, a right in New York State as early as 1984. And he helped end the practice of choosing jurors based upon their race.

Wolfson’s entire career has been at the center of the most explosive legal and cultural issues of the last 30 years in the United States, and his influence has been profound. David Shankbone sat down with him to discuss some of the recent decisions affecting gay marriage, gender in marriage and reactions in the gay community to his fight for their rights.