The Mudcat Café TM
Thread #37699   Message #528652
Posted By: GUEST
15-Aug-01 - 02:09 PM
Thread Name: Folk Alliance vs. NAACP
Subject: RE: Folk Alliance vs. NAACP
Richard,

No, the hotel chain cannot collect lost revenue for cancelled bookings beyond the contracted amount because of the boycott. That would be a violation of the First Amendment rights of the parties who decide to cancel. Also, one need not give a reason for cancellation, unless you are trying to negotiate a settlement for less than the contractual amount owed. Anyone who wishes to can cancel reservations can do it simply by notifying the hotel. It is done all the time.

So the answer is no, Adams Mark can't file a lawsuit to collect "additional damages" from FA, even if they were to say their reason for cancelling is to honor the boycott. They can only receive damages if FA doesn't pay what is owed contractually.

As an events organizer with 20 years experience, I'd even go out on a limb to say that at six months out, I'm pretty sure the cost to FA for the bill wouldn't be near the $300,000 amount they suggested it might cost. That is more likely their estimate for both the Adams Mark contractual obligation owed for cancelling six months in advance, and the cost of setting up at another location.

Nowadays, events and conference managers have cancellation clauses written into the contracts, and you pay a certain percentage which increases the closer to the actual date of the event.

Pete,

I think there is a chance the previous personal circumstance you had may be coloring your judgment on the issue.

No one is suggesting anyone should be perfect.

In my mind, there really is no grey area. People will either ignore the boycott or honor it. It seems to me, some folks who keep invoking the grey area are people who still want to attend, but don't feel they should have to pay a personal price to do it.

This is just one of those circumstances, it seems, where folks who often get their desires met by obfuscating in grey, ain't gonna get away with it this time. Come Feb 2002, if the pickets are walking in front of the Adams Mark Jacksonville, crossing the picket line WILL put a person on Adams Mark side in the eyes of many in the folk community, whether the person crossing the picket line believes that to be true or not.

That's just the way it is.