A judge sides with two former New Orleans Jazz & Heritage Festival presidents who are suing the nonprofit after they were denied their free festival tickets and other festival perks they had received as former presidents.
Michael Bagneris and Demetric Mercadel sued New Orleans Jazz & Heritage Festival and Foundation Inc., claiming they suffered “irreparable harm” after they were denied thousands of dollars in free tickets and other benefits in 2019 after the board amended its bylaws.
Judge Nicole Sheppard of Orleans Parish Civil District Court agreed and granted their preliminary injunction which only applies to the 2022 festival set for April 29.
The former festival leaders testified in court on Wednesday saying they would suffer irreparable harm if they had to attend the 2022 festival without their special privileges as reported by The Times-Picayune.
Those perks include:
-70 free Jazz Fest tickets, plus the option to buy 100 more at half price
-The option to buy multiple Jazz Fest posters at a discount
-Four laminate badges to access reserved viewing areas on the festival’s three main stages
-Six stick-on passes, or “silkies,” for access to guest areas near the main stages
-A free parking space
-Four wristbands to access a private lounge area.
In Bagneris’ testimony, he said not being able to watch the performances on stage and the status of not having such perks would cause them harm which they could not recover.
“To get on stage with the performers, cannot be described,” Bagneris said. “That’s the kind of magic moments that you’re able to capture as a past president. You can’t put a price tag on those kinds of magic moments. That’s the irreparable harm.”
Attorneys for the nonprofit intend to appeal the judge’s ruling.
"We are confused and dismayed by the preliminary ruling today, and whereas we understand that it is only a first step in a much longer process, we have a fiduciary responsibility to protect our integrity as an independent non-profit body," curent Jazz Fest foundation president David Francis. "To mandate that a nonprofit provide excessive benefits to former members is troublesome and contrary to the spirit of our core mission and the dedication of our many wonderful volunteers."
