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Creed News Chicago Lawsuit Dropped
Posted on 09-16-2003 at 01:00 AM

Fans in Chicago are entitled to be unhappy about a lackluster concert by the band Creed last year.

But it appears they are not entitled to $2 million.

A Chicago judge has dismissed an unusual lawsuit that sought refunds from the Orlando-based band for tickets -- and parking -- for all 15,000 fans.

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

Four fans had accused lead singer Scott Stapp of appearing too intoxicated to perform well -- an accusation Stapp denied. (He told me that he laid down on the stage, appearing passed out, for dramatic effect.)

Regardless, Circuit Court Judge Peter Flynn dismissed the complaints "with prejudice."

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

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

"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.

Basically, they will now argue that Creed fans had a right to expect more from Stapp and his band than from other groups -- because Creed touts its 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."

Hmm. So non-Christian artists who routinely perform poorly can do so without being sued?

Voelker laughed.

The band, however, finds none of this amusing. 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.

Article Source » Orlando Sentinel

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