Judge Rejects Too-Stoned-To-Play Suit Against CREED

[Keyser Soze]

Judge Rejects Too-Stoned-To-Play Suit Against CREED - Sep. 18, 2003

Fans who felt cheated by CREED's Chicago show are getting no sympathy from a judge, according to the Associated Press.

A judge in Chicago has dismissed a $2 million lawsuit filed by four fans against CREED. The suit accused singer Scott Stapp of appearing too intoxicated to perform well in Chicago last December (see previous coverage: story#1, story#2, story#3, story#4).

Stapp denied the allegation, but the judge dismissed the complaint "with prejudice," which means the fans can amend their complaint.

"We're very pleased with the decision," said band attorney Rob McNeely. "It was the right one."

So is this the end of this messy affair, which has been followed by everyone from USA Today to Celebrity Justice?

"Oh, no," Daniel Voelker, the attorney for the fans who filed the class-action lawsuit told the Orlando Sentinel.

"By no means," said Philip Berenz, one of the fans.

Both said Monday that they would take advantage of the judge's offer to amend their complaint.

They will now argue that CREED fans had a right to expect more from Stapp and his band than from other groups — because CREED tout their family-friendly Christian image and high-caliber performances.

"People may not have always expected a perfect show from Janis Joplin or Jimi Hendrix," Voelker said. "But I don't think the general population expected that out of Scott Stapp."

McNeely said the fans can file any lawsuit they want but warned that "250 years of American history" suggests they don't have a legal leg to stand on.

 

[HobbesDawg]

Judge Rejects Too-Stoned-To-Play Suit Against CREED - Sep. 18, 2003

Fans who felt cheated by CREED's Chicago show are getting no sympathy from a judge, according to the Associated Press.

(YADA YADA CLIP!) .

Gota love our litigious society. What next? Sue Dave Mustaine for wrecking his arm? "I had a reasonable expectations to see him on tour for the next 10 years, and he goes and does this? How selfish, I must sue him!".

AGH! Now if Creed had pulled an Axle... but they didn't so hopefully this embarrassing incident of legal proceedings will quickly disappear.

 

[alanbirdsell]

I'm not sure suing is the answer but if I'm gonna pay good money to see a band I want them at the top of their game when they hit the stage. If I wanna see drunks perform, I'll pay the $5 cover at the local bar.

 

[smylex]

I'm not sure suing is the answer but if I'm gonna pay good money to see a band I want them at the top of their game when they hit the stage. If I wanna see drunks perform, I'll pay the $5 cover at the local bar.

I agree with Alan, but at the same time, I also feel that you shouldn't have anything other than water onstage, period. Why? Ask yourself this: Do you drink or are you stoned while you're doing your job? How would your employer feel if they knew that you were stoned or drunk while on their time and not performing your job duties to the best of your abilities? If I were your employer, I'd fire your ass in a second if you were on the clock trashed and I was paying you. Now, what you do on your own time is up to you. Now, if I want to see drunks performing, it better be "Karaoke Night" and the $5 cover charge covers my two-drink minimum.

There's been times that I've seen Pantera where Phil Anselmo was so trashed he couldn't even move. Hardly a performance worth seeing so I did what I would do during a movie that I don't like...I walked out. Of course, with a movie, you can always demand your money back. With TicketBASTARD, you'll get stuck in a loop of people saying that it's someone else's responsibility and you'll be fucked out of your ticket prices and service charges.

 

[alanbirdsell]

I don't mind people enjoying a little of what ever turns their crank before they go on if it doesn't screw up their performance. And screw up can be a vocalist drinking something that messes up their vocal chords or eating a big meal before they go on. I like the employer analogy. When I was at the Queensryche Live Evolution filming Second Coming was the opener and the singer was trashed. At one point he said he loved the music biz, cuz what job could you have that let you smoke a few bowels and down a pint of Jack before you go to work. He proceded to toss his pristine looking B.C. Rich Warlock in the air and it came down on it's head and snapped the neck. The next night he complained about how much it was gonna cost him to have it fixed... dumbass!

 

[Pryml]

At one point he said he loved the music biz, cuz what job could you have that let you smoke a few bowels and down a pint of Jack before you go to work.

I'm sorry, not to be a dick, but that's one of the funnier typos I've seen in my time.

 

[HobbesDawg]

I'm sorry, not to be a dick, but that's one of the funnier typos I've seen in my time.

LOL that is good... btw: HOLY SH**! King Diamond got young, and joined the Iron Maidens forum! Run to the hills! Melissa is coming to make you join the Sabbath, and to break The Oath.. hehe

-HobbesDawg

 

[alanbirdsell]

I'm sorry, not to be a dick, but that's one of the funnier typos I've seen in my time.

Rented fingers doin' the typing. I saw it but thought it looked better this way too

 

[Downshifter]

My Take....

All I can say about Creed is... they helped my wife alot ...with some things she was dealing with... the lyrics hit her hard and helped her find a way out.

Creed has affected my family in positive ways!
see the site (hopefully I wont get banished from this board)http://www.geocities.com/twestergard/creed22.html
(lots o Pics)

Scott had a really bad year with the car accident, and his ex wife beating his head with her cell phone... the steriods he was taking made him look like a chipmunk, maybe he just reached a breaking point.. and screwed up... (but he will not admit it)

I know I have screwed up majorly a few times.
Live and learn.

Mark the guitarist has been really cool to my wife and kid.. I wish he would come out and say...what really happened that night.

As far as the law suit, I think it is right there with the people trying to sue McDonalds for being overweight. (also thrown out of court)

Its Rock And Roll Man!
Shit Happens!

My wife likes creed
+
I like maiden
----------------
= Its all good!

 

[drumslut]

FYI: Dismissal of a lawsuit "with prejudice" means that you are legally precluded from refling, because the court has determined that no matter how you try to plead the case, there is no legal remedy. Dismissal "without prejudice" permits you to make another attempt at pleading your case properly.

This lawsuit was frivolous (although I do hate Creed and all the other whiner bands who have no sense of humor. Always have. Always will. Just my opinion.)

 

[psykopain]

ohhhh, awwwww, boohooo......the poor little pussy creed fans got upset....that is a bunch of shit the fans payed like $30.00 for a ticket......i guess that justifies sueing someone for huh.
and being in a band......ur not really working for someone else....except the label......its not a job.......its music, duh.

these ppl that r sueing will get what they diserve.....everyone thinking, what a bunch of dick heads.

 

[smylex]

and being in a band......ur not really working for someone else....except the label......its not a job.......its music, duh.

No, writing and promoting their music IS their job. And, when your career is making music, your fans ARE your bosses.

The fans are the ones that pay their money to the record label who forwards a percentage to the band for the works that they've produced. If you're in the business of producing goods and services and you don't produce goods or services of quality, what makes you think that you're going to continue selling your product/service? It's a basic business problem (always remember this is the MUSIC BUSINESS we're talking about...a place where the BUSINESS aspect comes first and foremost long before the music is ever produced).

Case in point: Metallica. They haven't produced anything of true worth (original studio material) in this writer's not so humble opinion since Load (and many people think that album's iffy, at best). Do you really think that I would buy that piece of shite Ain't Anger, especially after hearing the non-quality of the production and songwriting? Not on your life (which I would gladly sacrifice at the moment for a decent spellcheck program).

When a band charges their fans money to promote their album (ticket sales, merchandising, etc.), then the fans should, by law, be allowed to sue the artist or at least demand a full refund of their monies if they are not completely satisfied with their employee's performance or product. (For some strange reason, this does not apply to concert tickets but if you were to go to the movies and demand a refund because a film sucks, most theater managers will happily oblige your request that they return your money.) If you're not satisfied with their product, you can always return your CD within 14 calendar days for a full refund (anyone that tells you otherwise is torquing your crank, so don't buy that line of bullshit. If you don't like the album, demand a refund or exchange it for something else) according to business law in California (your state may differ. Look it up because I'm only going by California state and I'm not going to look it up for you).

Sure, the results are comparable to Don Quixote fighting windmills, but at least someone's trying to overturn the current, outdated, fucked-up business model.

The only thing that I hold against them is the fact that they even bothered listening to this worthless Pearl Jam tribute act in the first place!

 

[psykopain]

smylex......u kinda have a point.....but....i dont considder it a job, even when i'm working my ass off......when it becomes a job....then ur either playing kind of pop music or ur not playing ur art and feelings anymore......ur last post kinda supports what i'm saying.....i got a little sarcastic with the DUH in my last post, but thats just me.....hehe.

in my band we play for ourselves, but we're fans too so.....we play for ourselves as a fan, not the fans in general.