The Court of Appeals for the Ninth Circuit issued its opinion in the United National Maintenance vs. San Diego Convention Center appeal last month. Previously, a district court had determined that the San Diego Convention Center’s (SDC) decision to implement an exclusives policy for cleaning services was immune from antitrust scrutiny under the state action doctrine. For the appeal, the IAVM Foundation submitted an amicus brief that supported the district court’s reasoning, arguing that the legislation authorizing the SDC must be understood as carrying with it a delegation of authority for management to structure and manage the SDC’s internal operations, even if competition to perform those operations is displaced.
The Ninth Circuit agreed and affirmed the district court’s conclusions on this point. The appeals court applied reasoning that draws from IAVM Foundation’s brief, including the observation that legislation authorizing the SDC necessarily contemplated a broad delegation of managerial authority.
“This is an important and very favorable opinion for any public convention center or similar space that has (or is contemplating adopting) exclusives policies,” said Cortlin H. Lannin, an associate at Covington & Burling LLP. “Assuming those facilities operate pursuant to authorizing legislation that is similar in character to SDC’s authorizing legislation, this opinion suggests those exclusives policies are immune from antitrust review.”
This case was a landmark win for the venue management industry, said Jason Rittenberry, CFE, as it set the precedent for venues to be able to operate and manage their buildings as they see fit.
“As a Foundation, this is what we are about, having the resources on hand to fund something that makes a significant difference to the industry when an urgent issue arises,” said Rittenberry, the IAVM Foundation chair. “We are honored that we were able to step up quickly and support our members.”
Part of IAVM’s mission is to advocate for its members, said Vicki Hawarden, CMP, president and CEO of IAVM.
“We felt the issue facing San Diego was one that could have far reaching consequences for our entire industry,” Hawarden said. “Thanks to the support of the IAVM Foundation, our voices were heard, and we are pleased with the decision.”
(photo credit: Justin in SD via photopin cc)
There was a lot of news this past week. Here are some stories that caught our eyes.
Unpaid Intern Files Class Action Lawsuit Against the L.A. Clippers
—Matter
“Frank Cooper, 29, interned for the Clippers in the fall of 2012 as a ‘fan relations intern,’ organizing autograph sessions, mailing season tickets, and distributing prizes. The suit claims Cooper ‘regularly worked between 40 and 50 hours a week.'”
DJs Don’t Even Have To Show Up To Venues Anymore
—Music Feeds
“…Clubcast is a new platform founded by EDM live-streaming service Mixify, which allows venues to stream an HD video feed of a DJ’s performance directly into their premises. Clubcast uses a two-way video system, so that not only can punters view the DJ, but the DJ can also watch their audience to gauge their reactions to the music and change their set accordingly.”
Performing Without Net: Stars of YouTube Take to the Stage
—The New York Times
“As YouTube personalities grow in popularity and prove more than flashes in the pan, traditional media businesses—talent agencies, book publishers and television networks—are rushing to capitalize. The biggest push has come from concert promoters betting that millions of clicks on popular videos will translate into ticket sales.”
Convention Center (Economic) Blues
—The Meeting Professional
“Nearly six years from the start of the great worldwide recession, convention centers are getting creative to keep their buildings full.”
For 1st Time in 93 years, UIL Basketball Tournament Likely Leaving the University of Texas at Austin Campus
—The Dallas Morning News
“With hotel pricing and availability a problem because of a scheduling conflict with the South by Southwest Music and Media Conference, the UIL will move the 2015 boys and girls basketball tournaments to San Antonio’s Alamodome.”
(Image: Matt Bors)
Jane Chu—president and CEO of the Kauffman Center for the Performing Arts in Kansas City, Missouri—was confirmed at the 11th chairman of the National Endowment for the Arts (NEA) yesterday the the U.S. Senate.
“I’m honored to receive the Senate’s vote of confirmation, and I look forward to serving our nation as chairman of the National Endowment for the Arts,” Chu said. “Together, we have the opportunity to show the value of connecting the arts to all Americans, and the importance of the arts in bringing communities together.”
The White House is set to make the official appointment soon, and then Chu will begin work after that.
“I’m glad the Senate confirmed Dr. Chu’s nomination as chairman of the National Endowment for the Arts today,” said U.S. Senator Roy Blunt (Mo.). “I was impressed by her successful oversight of the more than $400 million Kauffman Center for the Performing Arts project and I enjoyed visiting with her in Kansas City several weeks ago. I have no doubt Dr. Chu will serve as a valuable asset to the NEA.”
Chu holds master’s degrees in music and piano pedagogy from Southern Methodist University and a master’s degree in business administration from Rockhurst University and a PhD in philanthropic studies from Indiana University, as well as an honorary doctorate in music from the University of Missouri-Kansas City Conservatory of Music and Dance.
(Image: NEA)
We’ll be descending on Portland in six weeks for VenueConnect, and we’re super excited. Personally, I’ve never been to Portland (and admittedly, everything I know about it comes from Portlandia). So for those, like me, that aren’t familiar with the “City of Roses,” we asked some of our venue managers that live there for fun recommendations before, during, and after the conference.
For example, Stefanie Arnold with the Oregon Convention Center recommends visiting the watefront if you want to take some good photos.
“The waterfront is always busy with an eclectic sampling of people to photograph,” Arnold said. “You can also get great vistas of Mt. Hood (if the day is right) and the bridges.”
Are you bringing your family along to VenueConnect? Perhaps, then, a visit to the zoo would do.
“Absolutely go to the Oregon Zoo,” said Howard Zuckerman from the Moda Center. “We just had another baby elephant and three baby lion cubs.”
We compiled the ideas and put them on a poster for you (click on the image to view a larger version).
The poster should arrive in your mailbox next week.
Also packaged with the poster is a paper beard. We encourage you to cut it out and take photos of yourself wearing the beard and to tweet (hashtag: #VC14) the images or post them on the VenueConnect Facebook page. For example, here’s a few of us at headquarters sporting our beards.
We look forward to your photos and seeing you in Portland, July 26-29, at VenueConnect!
Joe Floreano, CFE, has given a lot time and energy to the venue management industry, and it’s not going unnoticed. He was awarded the 2014 Legacy Award last month from the IAVM Foundation, and this month he’s receiving another honor.
The Rochester Broadway Theatre League (RBTL) has announced the naming of the “Joe Floreano Entertainment and Education Room” at its Auditorium Theatre in Rochester, New York. It was a unanimous decision from the RBTL Executive Committee of the Board of Directors for Floreano’s many years of support and dedication to the organization.
“RBTL is grateful for Joe’s friendship and involvement, and dedicates this room in sincere appreciation for his many contributions and help in providing arts education opportunities for local students,” said the RBTL Executive Committee of the Board of Directors.
Floreano joined the RBTL Board of Directors in 1999 and has been an active member for 15 years. He has devoted countless hours of service, generously supporting Auditorium Theatre shows, fundraising events, and most importantly, arts education programs.
Congratulations, Joe!
(Image: Ira Morris)