Legal Corner

thanks again mrfrench!
mrfrench 4843 reads
posted
2 / 5

I just received a notice in email that the convention has decided to sue the convention center, the city of Secaucus and its former mayor for prohibiting the show from taking place in Secaucus in 2008.

A bit of history: the show was scheduled to take place in September, 2008.  About a week before the convention, the Mayor of Secaucus took action to stop the show from happening.  He apparently made public comments such as "The town of Secaucus is a family community, and this is not the type
of entertainment we should have" and even went to court to stop the show.  The city claimed that the show would violate local ordinances since they planned to have nude dancing and serve alcohol.  However, even with the show offering to cancel plans to serve alcohol and take other actions to comply with the ordinances, the town wouldn't relent.   The owners of the show scrambled last minute and found their current spot in Edison, NJ.

Now, the show is suing the convention center, the town and the mayor.  The 16 count complaint alleges, among other things, breach of contract, fraud, theft, interference with business advantage, violation of federal Constitutional rights and violation of state Constitutional rights.  Apparently, the convention center claims that they didn't know what the show was about, despite many meetings with the show's organizer.  There's another company that was to produce the show that claimed that they didn't know what the show was about, despite their having produced the show in Miami a few months before.  The convention center is refusing to return the $30,000 deposit left by the show to secure the space.  And there's more...

If you're interested, you can read the full complaint at the link below.  I find it fascinating.  I have no connection with any of the participants but I know Secaucus well.  I've seen many, many escorts there and I know the hotels are aware of what is going on in the rooms.  They'd have to be.  I also know about other things including bars, clubs, and other activities in and around Secaucus that are far wilder and more illegal than the Exxxotica show ever was or would likely be.

It's also interesting to note that the former Mayor who is being sued, is set to stand trial in February 2011 for conspiracy to commit extortion, attempted extortion, and accepting corrupt payments in connection with a business transaction with a municipality that received federal funds.  He could end up spending up to 20 years in prison.

I just thought some of you might be interested in this....

Legal_Beagle 3865 reads
posted
3 / 5




Your contributions here are as always very welcome here!

   I do not know Secaucus well, but as a child I recall how my dad would order everyone to quickly roll up their car windows when we passed the pig farms along the turnpike. Guess there still is a stink going on.

  Just one comment, as one who has been involved with litigation against municipalities, I recall threatening to litigate for a client and having a councilman comment from the podium, “Sue us, we have a flock of lawyers and the suit will go on forever.”

  Suing a city is worse than a knife fight in an alley with a crack headed whore who thinks she has serviced you and want to get paid. These guys have city attorneys and almost unlimited funds and if you win they will take it on appeal. Likewise they often have built in immunities. Sure they can loose, but usually your client’s money will run out long before the city stops fucking you over. Of course I have not seen nor need to comment on the contract, but I would assume the contract is a good one and the deposit is probably non-refundable as the date once blocked in prohibited the convention center from renting the local in a timely fashion to mitigate its own damages. Often the deposit is in lieu of an eventual damage claim against the exhibitor.

  Good luck to the sex expo circus lessee, their best bet would be to get a good mediator and try to get the deposit back.  The rest of the claims sound like someone lifted a complaint form from a standard form book and is probably without any merit. This is a damages case and damages must be proved and future profits hard to prove, plus the fact that they found a new site mitigates most of their damage claim. The convention centers usually have pretty strong rights based on contract boiler plate and I am sure this will serve them in warding of a complaint.

mrfrench 3353 reads
posted
4 / 5

Normally, you are correct that a deposit would be non-refundable.  But, I think in this instance, Exxxotica has a good claim and will get the money back.  If you read the suit, it says that the convention center told them that if they showed up on the date contracted for, they would not be let in.  So, that means the convention center repudiated the contract and the courts will almost certainly order the refund on that basis.

You're right though about the city.  Other cases against cities here that have tried to eliminate go-go bars and strip clubs have lasted 5-10 years.  Eventually, they resolve though.

My guess in this situation is that it will never go to trial.  The convention center will return the money, the case against the city will be dismissed based on immunity, and the former mayor will probably settle for some undisclosed sum of money.  That's what I predict.

But, no matter what, this is going to be an interesting case to follow...

Crazy Diamond 12 Reviews 3483 reads
posted
5 / 5

The political corruption and bullshit in my home state is epic, and never ending.  I have also seen escorts in the Meadowlands area, it's only a fifteen minute drive, but I prefer to go into NYC for various reasons.

Corrupt politicians here may serve a few weeks at country clubs, but they are never denied their second, or fifth pensions.

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