No Sunshine Law with the Sunshine Band

A correspondent for the Niagara Falls Reporter was assigned to report on the taxpayer-funded KC and the Sunshine Band concert on Saturday August 4.

This was one of several concerts where taxpayers of Niagara Falls were made to pay for the concert series of Mayor Paul Dyster who hired the Hard rock Cafe to promote the acts.

Our correspondent Brad Z. Wilson attended and was asked to leave the concert area after Hard Rock security and management complained of his presence.

The concert was rained out.

Our correspondent attempted to take photographs of the rainout, of tents being blown over, and people running for cover, and security officers hapless and watching the thunder shower.

Wilson was busy photographing when a securrity officer who refused to give his name, observing Wilson’s press pass said, “we don’t like how The Reporter wrote stories" about the Hard Rock concert series.
Wilson took pictures anyway.

Wilson understood the Hard Rock security officers unhppiness about the Reporter.

The Reporter questioned the wisdom of taxpayers paying what is now $707,000 to give to a billion dollar Florida corporation owned by the tax free Seminole Nation to put on acts like K C and and the Sunshine Band.

Hard Rock charged the city $42,000 for the KC (non) appearance.

A torrential downpour resulted in KC and the Sunshine Band not appearing before a non existent crowd.
A call made to Hard Rock was to ask, “Did you have rain insurance," a kind of insurance issued to protect against bad weather.

Hard Rock official position was answered by local manager Dominic Verni, who said, “I’m not answering any questions.”
The Reporter was referred to the company’s PR firm, Coyne Public Relations. A call to Coyne found no one able to answer two questions:
1) Was there rain insurance?
2) Is there was a policy to chase off reporters or only correspondents from the Reporter.

Para 8 section 2 of the contract the Hard Rock Inc has with the city of Niagara Falls to put on the taxpayer funded concerts on Old Falls Street provides that “If the event does not take place for reasons attributable to … (acts of God, weather etc) Hard Rock Café agrees to use its best efforts to reschedule the event with the same artist, at a future date and time that is mutually agreeable to the City of Niagara Falls, Hard Rock Café and the artist.

“In the event rescheduling of the canceled event is not able to occur, Hard Rock Café agrees to immediately refund the city of Niagara Falls any money advanced or paid by the city of Niagara Falls.”

In short, K C appeared but did not perform. The industry standard is when an artist appears, he is paid regardless of weather. Most promoters of outdoor concerts buy weather or rain insurance. This usually costs between 2 and 10 percent of the concert costs. If the event is canceled because of weather, the insurance company pays.

Corporation counsel Craig Johnson said he will “begin discussions with Hard Rock about the various options about rescheduling.”

According to City Controller Maria Brown, city taxpayers already paid $42,000 to Hard Rock to bring K C to town.
We will be following up on whether K C is rescheduled or Hard Rock refunds the money.

Personally we are hoping for the latter.

$42,000 off the backs of taxpayers is a darn sight better than seeing the aging KC and his Sunshine band shaking their booties.