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SXSW canceled


ztejas

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I can't believe it took Adler this long to realize it was his only option, politically.  Someone is likely to end up with CV around here at some point, whether SXSW happened or not.  If he didn't cancel it, he would have been blamed.  Smart political move was to cancel.  I think he was waiting hoping the festival would cancel on their own and save him any blowblack from that direction.  That wasn't going to happen.

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I asked in the coronavirus thread and haven't gotten an answer.  Is there any sort of legal exposure to either the city or the entity behind SXSW if they don't cancel with the knowledge of a local outbreak that winds up resulting in deaths?  I have no idea, just kind of surprised that this big of an economic hit is being taken out of concern for public health.

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Interesting that SXSW is relying upon the actions of the City of Austin, a beneficiary of the Doctrine of Sovereign Immunity, as the basis of its decision to cancel the event.  I can't imagine all of the potential contract breach, business interruption and other claims that will be in the offing as a result of this cancellation.

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14 minutes ago, Goredho said:

I asked in the coronavirus thread and haven't gotten an answer.  Is there any sort of legal exposure to either the city or the entity behind SXSW if they don't cancel with the knowledge of a local outbreak that winds up resulting in deaths?  I have no idea, just kind of surprised that this big of an economic hit is being taken out of concern for public health.

To the city?  Doubtful -- they have immunity against legal claims.

The entity?  Possible.  And that put them between a rock and a hard place.  If they cancelled unilaterally, they avoid the potential liability for illnesses.....but they lose access to any insurance proceeds.

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23 minutes ago, DalTxHornFan said:

Interesting that SXSW is relying upon the actions of the City of Austin, a beneficiary of the Doctrine of Sovereign Immunity, as the basis of its decision to cancel the event.  I can't imagine all of the potential contract breach, business interruption and other claims that will be in the offing as a result of this cancellation.

No matter who wins and who loses, the lawyers always win.

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Interesting that SXSW is relying upon the actions of the City of Austin, a beneficiary of the Doctrine of Sovereign Immunity, as the basis of its decision to cancel the event.  I can't imagine all of the potential contract breach, business interruption and other claims that will be in the offing as a result of this cancellation.

All of my related contracts have a force majeure clause that says if Austin declares an emergency we are not liable for any expenses. We needed Austin to declare an emergency so we can start canceling our events. I imagine sxsw has the same clauses in their contracts. Adler just didn’t know that he had that power. Which is weird. And so Austin.
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20 minutes ago, Brisketexan said:

To the city?  Doubtful -- they have immunity against legal claims.

The entity?  Possible.  And that put them between a rock and a hard place.  If they cancelled unilaterally, they avoid the potential liability for illnesses.....but they lose access to any insurance proceeds.

Thanks, appreciate the legal perspective.

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My son's band was scheduled for a showcase plus two other shows.  They had invites to the Grammy party.  Kind of glad he's not going.  I'm fond of the kid. 

Long time ago, but my old band was scheduled for a CMJ festival showcase in NY in mid September 2001.

 

Granted, unlike this there was really no doubt about whether that had to be shut down.

 

I remember the surreal conversation confirming that it wasn't happening and we weren't going. As much excitement as there had been building up to it, by the time we talked about it officially being cancelled I'd forgotten it was even supposed to happen.

 

Tell your kid not to worry, he won't make any less money making music now than he would have if he'd played the showcase.

 

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7 minutes ago, Wally Fairway said:

Only a matter of time until the Houston Rodeo is cancelled.

amirite?

But.... Austin Rodeo (March 14th -28th) still plans to go on for now??

'No reason to cancel our events' Rodeo Austin says as SXSW 2020 is halted 

https://www.kvue.com/article/news/local/rodeo-austin-continues-despite-sxsw-2020-cancellation/269-34fe3cd2-24f4-4c6c-84b8-ef123e9206be  

 

 

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That’s the funny part of all this. Cancel SX but the rodeo goes on. Cancel classes at some schools but the LA Marathon goes on. Close the arena for some D3 games but the NBA has full arenas all over the country. There’s no unity in any of it. It’s just local governments deciding what they want to do. 

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4 minutes ago, 4th&Five said:

That’s the funny part of all this. Cancel SX but the rodeo goes on. Cancel classes at some schools but the LA Marathon goes on. Close the arena for some D3 games but the NBA has full arenas all over the country. There’s no unity in any of it. It’s just local governments deciding what they want to do. 

SXSW... got killed by some Big Co's bailing...

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Edited by LTtxfan
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2 minutes ago, 4th&Five said:

True. Good point. The rest of those thing are under pressure to push through. 

Feels like late April or May is possibly when this virus concern may lose some momentum...  Hopefully the warmer weather will be a deterrent the this Damn illness!!

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58 minutes ago, Bill Lumbergh said:

Long time ago, but my old band was scheduled for a CMJ festival showcase in NY in mid September 2001.

 

Granted, unlike this there was really no doubt about whether that had to be shut down.

 

I remember the surreal conversation confirming that it wasn't happening and we weren't going. As much excitement as there had been building up to it, by the time we talked about it officially being cancelled I'd forgotten it was even supposed to happen.

 

Tell your kid not to worry, he won't make any less money making music now than he would have if he'd played the showcase.

 

Thanks man.  Lots of hearts broken. 

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9 minutes ago, CooterBrown said:


Wait until the virus sweeps through a homeless camp. They’ll raid the pension fund to care for them.

Homeless need all the help they can get.  Mayor of Austin doesn't give a shit about them -- just uses them for political gain...

 

(Sorry... I'll stop posting this stuff here.  Better for political threads... Fuckin' hate Austin's mayor!!)

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3 minutes ago, LTtxfan said:

Feels like late April or May is possibly when this virus concern may lose some momentum...  Hopefully the warmer weather will be a deterrent the this Damn illness!!

People need to see that it’s everywhere and the dead aren’t piling up on the streets before they’re comfortable. I think you’re right. We’ll see mass cancellations as the numbers start ticking up over the next few weeks and then people will realize life needs to go on and adjust to this thing. 

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1 minute ago, 4th&Five said:

People need to see that it’s everywhere and the dead aren’t piling up on the streets before they’re comfortable. I think you’re right. We’ll see mass cancellations as the numbers start ticking up over the next few weeks and then people will realize life needs to go on and adjust to this thing. 

Great point... Agree!!

When it seems more like the Flu, and less like the "Bubonic Plague" things will get better.

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1 hour ago, 4th_and_18 said:


All of my related contracts have a force majeure clause that says if Austin declares an emergency we are not liable for any expenses. We needed Austin to declare an emergency so we can start canceling our events. I imagine sxsw has the same clauses in their contracts. Adler just didn’t know that he had that power. Which is weird. And so Austin.

If that's the case, then our friends in the bankruptcy bar will be busy.  There's no way that this cancellation won't have a shit-ton of devastating negative financial impact on many local Austin businesses.

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2 hours ago, DalTxHornFan said:

Interesting that SXSW is relying upon the actions of the City of Austin, a beneficiary of the Doctrine of Sovereign Immunity, as the basis of its decision to cancel the event.  I can't imagine all of the potential contract breach, business interruption and other claims that will be in the offing as a result of this cancellation.

Just as I figured.  This "public health crisis" was very calculated in order to trigger certain important contractual provisions:

https://www.austinchronicle.com/daily/news/2020-03-06/sxsw-cancellation-not-covered-by-insurance/

https://variety.com/2020/music/news/coronavirus-ultra-sxsw-coachella-cancel-insurance-city-1203525667/

Edited by DalTxHornFan
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34 minutes ago, DalTxHornFan said:

Just as I figured.  This "public health crisis" was very calculated in order to trigger certain important contractual provisions:

https://www.austinchronicle.com/daily/news/2020-03-06/sxsw-cancellation-not-covered-by-insurance/

https://variety.com/2020/music/news/coronavirus-ultra-sxsw-coachella-cancel-insurance-city-1203525667/

I think that there may (or should) be some folks drafting a freeze and spoliation notice for all communications between the COA, Travis County. SXSW and related entities as we speak tonight.  This change of course all didn't magically come together since Adler's press conference on Wednesday.

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SXSW debunked this a bit ago. None of their insurance covers pandemics and the like. Financially, they’re fucked.
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1 minute ago, CooterBrown said:

 


SXSW debunked this a bit ago. None of their insurance covers pandemics and the like. Financially, they’re fucked.

 

I still think the point stands.  They are still able to point at the governmental entities for the cause of any liability for cancellation.  It was important for them to get that cover in place before they cancelled what was looking to be a bad event for them after all of the major sponsors started backing out.

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3 minutes ago, DalTxHornFan said:

I still think the point stands.  They are still able to point at the governmental entities for the cause of any liability for cancellation.  It was important for them to get that cover in place before they cancelled what was looking to be a bad event for them after all of the major sponsors started backing out.

It will be resolved around 2024.

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Damn...my buddy runs Turf n Surf (restaurants in Lavaca Street Bars). His tacos are awesome and you need to go try them if you haven’t. His blackened ribeye and fish are very, very good. Look at his Yelp reviews.

Anyhow...he’s having to borrow money to stay open because of SXSW cancellation. Please stop by and support him if you can. I promise you the food is that damn good.

Edited by Tailgate
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1 minute ago, Tailgate said:

Damn...my buddy runs Turf n Surf (restaurants in Lavaca Street Bars). His tacos are awesome and you need to go try them if you haven’t. His blackened ribeye and fish are very, very good. Look at his Yelp reviews.

Anyhow...he’s having to borrow money to stay open because of SXSW cancellation. Please stop by and support him if you can. I promise you the food is that damn good.

Good food there.  His situation is exactly the kind of issue that is gonna need to get resolved as a result of the SXSW cancellation.  Capital infusions, lawsuits, bankruptcies or closures. [Why not both .gif inserted here] 

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9 minutes ago, Tailgate said:

Damn...my buddy runs Turf n Surf (restaurants in Lavaca Street Bars). His tacos are awesome and you need to go try them if you haven’t. His blackened ribeye and fish are very, very good. Look at his Yelp reviews.

Anyhow...he’s having to borrow money to stay open because of SXSW cancellation. Please stop by and support him if you can. I promise you the food is that damn good.

No idea how that industry works, are these places preordering a lot of perishables or something in preperation for sxsw?  Or was he already in negative numbers and was hoping for sxsw to infuse some cash?

Edited by Xian
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9 minutes ago, Xian said:

No idea how that industry works, are these places preordering a lot of perishables or something in preperation for sxsw?  Or was he already in negative numbers and was hoping for sxsw to infuse some cash?

He’s got three locations so just a lot of overhead. Always is when you run a brick and mortar restaurant in Austin. He also pays his employees good. Dude is a great guy. He has always counted on SXSW revenue as it’s always been there and been a big part of his year. His first location was off congress and then he teamed with Lavaca Street on Lavaca...so SXSW is big for him...and now it’s not for the first year in his ten years here.

But, I’m not begging y’all to go. I’m asking if you could please....and I’m also not kidding one bit...he’s got some of the best tacos and food you will have....seriously...look at his Yelp reviews. Thanks for considering a stop by in the next couple weeks.

https://www.yelp.com/biz/turf-n-surf-po-boy-austin?utm_source=ishare

 

 

Edited by Tailgate
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