Ousted Operator Fights Back

The former operator of the State Theatre in Portland, Maine, said the venue owner’s misrepresentation and failure to correct safety code violations is what led to his eviction from the business.

Roger Katz, attorney for theatre operator Chris Morgan, told Pollstar legal action will be taken against Grant Wilson of Stonecoast Properties, which owns the building, claiming Wilson made false statements to entice Morgan into the deal.

“Before Chris entered into the lease to operate the theatre in June 2005, Wilson promised him that he had full licensing for a capacity of 1,750 people. Chris’ business plan was based on that,” Katz said. “The problem arose when the State Fire Marshal’s office cited Chris for serious violations due to the disrepair of the building. They told him the theatre had a license for only 1,450, not 1,750. They told him Wilson knew this.”

The attorney said the safety code violations, listed in a report from the State Fire Marshal’s office, include fire doors, emergency lighting, electrical violations and fire escapes, which Morgan wasn’t informed of when he signed the lease.

“It appears this theatre is unsafe and it should not open until all of the safety issues are addressed and fixed,” Katz added.

The feud started when Wilson filed a complaint in Portland District Court January 10th seeking to evict Morgan for allegedly failing to pay the $10,000 rent and other bills.

Morgan filed a request for an injunction February 28th, asking to delay the eviction and give him time to hire a lawyer. A judge denied that request.

The former concert promoter took over the The State Theatre, which at one point was a venue for X-rated movies, with a plan to bring it back to its former glory by refurbishing the venue, installing new light and sound equipment and attracting corporate sponsors.

Katz said his client tried to work with Wilson to renegotiate the agreement in February but “ran into a brick wall.” He is preparing to file a misrepresentation and breach of contract lawsuit on Morgan’s behalf.

“Chris indicates he got into the deal because Wilson described the world one way when in fact, the world was very different,” Katz said. “I think a Maine jury will be very upset by this and will right this wrong.”

Wilson’s property manager, Kelly Sawyer, previously told a local newspaper that Stonecoast was talking to several people about taking over the historic venue.

Meanwhile, Live Nation, which books shows in the venue, posted a message on the State Theatre Web site that said two shows previously scheduled there have been moved to other venues because of the fire code violations.

An April 29th show with Brian Regan has been moved to the Merrill Auditorium in Portland and a May 4th concert with Saves the Day has been moved to the Hampton Beach Casino Ballroom.

– Tina Amendola