Laura Sweet of Des Moines (Iowa) Performing Arts leads the ethics boot camp with attorney Richard Scarbrough and Joe Levy of Apollo Theater in New York. (VT Photo)
REPORTING FROM SAN FRANCISCO — Those who work in the performing arts field are, shall we say, a bit different. Their vibrancy and vivaciousness are what make IAVM’s Performing Arts Managers Conference so fun and interesting to attend. At this year’s conference, here Feb. 15-17, the group brought back the popular Ethics workshop from last year as one of its signature bootcamp sessions, where attendees get hands on.
In the event world, not everything is black and white. Contracts and legal recourse help, but what do you do when faced with an ethical dilemma? The bootcamp put users in rotating groups to talk through a few real-life examples before revealing what the venue actually did. “These aren’t as simple as you may think,” warned Joe Levy, general manager at Apollo Theater in New York.
Scenario #1
“Here’s our dilemma,” stated Laura Sweet, VP/COO at Des Moines (Iowa) Performing Arts. A performing arts complex not operated by the city had recently implemented a safety and security program that included input from two Federal Bureau of Investigations agents. “You consider them to be worthy partners,” Sweet continued. One of the agents called socially one morning saying they got a tip from an attendee at one of the venue's sold-out shows that they were sitting next to a very suspicious guy. “Instead of the guest saying something at the time, like you would hope they do, the guest followed up with the FBI.” The FBI member asked for the guest’s personal information. There was another sold-out performance in a few days, but it wasn’t clear if the guest was coming. What would you do?
Some of the tables weighed in with ideas.
“Truthfully, what I’m going to do is ask my FBI friend what my legal responsibilities are. Is it legal for me to give him this information? If the answer is ‘no,’ then we’re done,” said Russell Dyer from Dallas City Performance Hall. Many people echoed the idea to consult with a lawyer, but largely said to weigh the security of the group over the convenience of one individual.
Scott Santangelo of Cincinnati Music Hall said there wasn’t a legitimate reason to get phobic over every foreign person in a trench coat. “I don’t see any reason we might have to single him out as being a potential problem,” he said. “If the FBI felt they had a legitimate basis on which to be concerned, then I would encourage them to attend the next event.”
“There’s not a reason to inconvenience that guest,” he added.
As it turns out, the situation happened at Sweet’s facility, and the first thing she did was call their lawyer. She said the facility couldn’t do anything because “if he had been casing our venue to do any kind of harm and then something happened, imagine the headlines.” There was enough cause for concern that the FBI provided a formal letter requesting the individual’s information.
“It was the best-case scenario because he meant no harm to us,” said Sweet of how the situation played out. She added that the event caused the organization to ramp up its timeline for security protocols and, at this point, the guest hasn’t been back to the facility.
Scenario #2
This one was ‘all about that bass,’ featuring a stand-up bass and a not so stand-up musician. National touring artists sometimes need assistance retaining equipment for events. A group playing a nonprofit facility connected to a university requested a plywood bass, and the venue arranged to borrow a very nice stand-up bass from a local company. During the performance, the group actually sits on the bass, causing $1,600 worth of damage from a pressure crack. The damage was discovered after settlement, as the group settled at intermission and didn’t mount the bass until the second half of the performance. There was no signed rental agreement with the band. What is the venue’s responsibility?
Patrick Donnelly, director of Theater Operations at Kauffman Center for the Performing Arts in Kansas City, Mo., said the first thing to do would be to pay the small business owner. “Get them out of the situation so that it’s just a conversation between you and the promoter,” which in this case was the group.
The consensus was that there really needs to be a rental agreement with the performer and the venue, as well, not just with the facility and the music store. The band was initially less than agreeable.
“They claimed the venue should have read the rider more carefully that asked specifically for a plywood bass,” said attorney Roger Scarbrough. Ultimately, the facility was able to reach an agreement with the band and split the cost of repair.
Scenario #3
There was a disturbance in one of the ladies' restrooms at a concert hall, specifically, Apollo Theater. A woman was upset because a transgender individual who was ‘obviously a pervert’ was using the facility. What do you do?
Levy said that he first suggested to the complaining patron that she could wait outside while the transgender individual used the restroom, then offered to take the complainant to a private restroom on a different level. “She accepted and complained the whole way,” he said, adding that the situation “was pretty volatile. It can get hard when your team is getting sucked into the situation and involved.”
Scarbrough said that this type of situation really comes down to “training, training, training.” And that it’s important in any situation that “if other patrons are starting to gather around, try to isolate the situation as quickly as you can.” Legally, transgender issues can vary depending on location because not every jurisdiction recognizes transgender rights but, ethically, the group agreed that the transgender individual was not the problem.
Gender inclusive restrooms are probably the best bet, especially if it’s a single stall. Scarbrough said that studies have shown that restrooms can be a dangerous place for transgender individuals, with more than half experiencing verbal assault and some individuals becoming victim of physical assault in the locations.
“One solution I would urge you not to consider is to have a transgender bathroom,’ Scarbrough added. “First of all, it’s expensive, and second, you’ll be outing anyone who uses that facility.”
Levy said that there wasn’t one solution that would work across the board, but that it’s important to remember that “we are dealing with a human being who deserves to be treated with dignity.”
“In any case that there is a person who is, I believe the technical term is an ‘asshole,’ I would say move the asshole,” he added.
Scenario #4
Moments before an event begins, several attendees complain that an individual is being disruptive in a venue where the performance requires a quiet environment. The person’s caregiver tells you the disruptive individual has Tourette's Syndrome. What do you do?
Many ethically blurry situations concern those with mental disabilities causing disruptions. In some cases, conditions such as Tourette's Syndrome may not be recognized as a disability as defined under ADA laws, but Scarbrough said it’s best to treat everyone on the spectrum the same.
Mental conditions are “the most problematic issue to research. It’s really easy to find what you’re supposed to do for your bathrooms or for wheelchairs — those are all things we can measure in inches or yards — but when you’re talking about cognitive or intellectual capabilities the guidelines aren’t as clear.”
Eric Colby from War Memorial and Performing Arts Center in San Francisco said that the facility has dealt with the above types of situations on more than one occasion.
“We present opera and ballet — two art forms that require a library level of silence,” he said, adding that the facility now has a standard procedure. First, focus attention on the caregiver and bring them, and the individual creating a disturbance, into the lobby. “It’s an uncomfortable and awkward conversation to have, but you’re not the first person to have had it with them,” he assured, adding that one of the best courses of action is simply to ask how to help.
“Nobody wants anybody to have the leave, especially in a case like this,” Colby said. The caregivers are given a chance to calm down the individual and go back to the performance. If that doesn’t work and there isn’t an appropriate area to reseat the individual, then other options are explored such as watching on the video monitors in the lobby.
As far as ADA is concerned, “you pretty much have to provide the reasonable accommodation until it provides a threat to another person or impacts your ability to do business,” he added. Facilities stand on firm legal ground to ask an individual to find another solution or leave if there is an impact on other ticket purchasers.
Though the four scenarios presented represented a wide range of issues, Scarbrough noted that the presentation really “just scratched the surface.” Facility operators are faced with ethical conundrums all the time. It’s important to plan for what you can and, for something you can’t plan, be empathetic and — while it’s near impossible to make everybody happy — try the solution that leaves no one upset.
Interviewed for this story: Joe Levy, (212) 531-5362; Roger Scarbrough, (503) 626-2889; Laura Sweet, (515) 246-2306; Russell Dyer, (214) 671-1450; Scott Santangelo, (513) 621-2787; Patrick Donnelly, (816) 994-7200; Eric Colby, (415) 621-6600