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Civil rights Keyed to Jeffries, 5th Ed.
City of Newport v. Fact Concerts, Inc.
Citation:
453 U.S. 247 (1981)Facts
In 1975, Fact Concerts, Inc., received permission to present summer jazz concerts at Fort Adams, a state park in Newport, Rhode Island. For the final concerts scheduled for August 30-31, Fact Concerts obtained an entertainment license from the city of Newport. Shortly before the concerts, Fact Concerts hired the group Blood, Sweat and Tears as a replacement performer. Members of the Newport City Council, including the Mayor, became concerned that Blood, Sweat and Tears was a “rock group” that would attract an undesirable audience. Despite Fact Concerts’ explanation that the group was a jazz band that had performed at prestigious venues, the City Council voted to cancel the license unless Blood, Sweat and Tears was removed from the program. Later, the Council changed its position, indicating it would allow the group to perform if they did not play rock music. However, at a second meeting, the Council voted to cancel the contract entirely, claiming Fact Concerts had not fulfilled all safety provisions. On the morning of the first scheduled concert, Fact Concerts obtained a restraining order allowing the performances to proceed, but fewer than half the available tickets were sold. Fact Concerts then sued the city and Council members under § 1983, alleging violations of its First Amendment rights. The jury awarded both compensatory and punitive damages, including $200,000 in punitive damages against the city.
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