On Sunday, April 24, Ungar was reveling in the near-perfect atmosphere of this year's Festival International. After last year's rain-out and resulting financial difficulties, the 2005 festival was rebounding beautifully with perfect weather and substantial crowds. Ungar was thrilled to be part of the festivities; the New York-based singer has extensive ties to Acadiana. She's previously played Festival International with her father, fiddler Jay Ungar, who was close with the late Dewey Balfa. Ruth is also friends with members of local ensembles like The Red Stick Ramblers.
Ungar's band, The Mammals, played a set at the Community Coffee ScÃ¨ne Lafayette stage at Festival International on Saturday, April 23. For its encore, the band performed its song "The Bush Boys," which contains lines such as:
Listen up folks the votes are in
It was anyone's guess who'd win
Democrats had the higher amount
But they lost 'cause Florida could not count â?¦
You won't believe what the Bush boys bought.
Ungar was milling about the hospitality tent the following day preparing for The Mammals' next performance when Festival International VP of Programming Jimmie Duhon approached her and asked her not to play "The Bush Boys" again.
"Our festival is about building unity, and we as a festival feel like political bashing does not help build unity," says Duhon. "We got numerous phone calls from people who did not appreciate the song. Executive Director Dana [CaÃ±edo] and I felt it necessary to ask the band not to do something that goes against the festival's belief."
Ungar told Duhon that the band rarely repeats songs in successive performances, and The Mammals didn't plan to play "Bush Boys" again. But after Duhon appeared satisfied with that answer and walked away, Ungar contemplated their conversation. "I had an unsettling feeling," she says. "I thought, 'What is the underlying request here?' So I walked back over to him and told him we were definitely not doing that song, but I couldn't promise there'd be no songs with political content and couldn't make any promises about stage banter."
The band's performance later that day went off without further incident, but the aftermath of the "Bush Boys" performance is rippling through the Festival International organization. "There will be a policy put in place to make sure this doesn't happen again," says Duhon. "We don't want to censor, but we do want to promote unity. It was an oversight on our part by allowing someone like that to play the festival."
CaÃ±edo says the festival office received approximately 17 calls complaining about The Mammals' "Bush Boys" song and maintains the decision to ask the band not to play it again had nothing to do with censorship. "My biggest concern was that the band would be treated unfairly," she says. "No matter what side of the [political] fence you're on, I'd hate to have people boo a band. We just tried to make it as safe as possible for the band."
As a result of the incident, the festival's band contracts will be reviewed. "We're looking at a lot of different issues, not just the political things," says CaÃ±edo. "We're taking our contract apart and looking at the whole thing to make sure it works for the times we're in."
Certain requirements and stipulations are common in arts and entertainment contracts; when a private entity hires and pays a performer, it has the right to negotiate and demand terms on everything from the length of the performance to the number of songs performed. But Festival International would be traveling into murky territory if it implements language in its contracts that's perceived as restricting free speech.
Such language could impact the festival's numerous international bands that it books to help fulfill its mission as a Francophone festival. Previous festival performers such as Zimbabwe's Thomas Mapfumo & Blacks Unlimited, Senegal's Baaba Maal and South Africa's Lucky Dube have forged their careers with songs protesting corrupt government and politics. It remains to be seen whether such acclaimed bands would feel comfortable performing under speech restrictions, but Duhon doesn't see that as an issue.
"In those cases, they're speaking against dictatorship, and they're pro-democracy," he says.
One of the challenges of creating such a policy for performers is the vague boundaries of what would and would not be permitted. "The line between artistic speech and political speech is sometimes difficult to discern," says Christine Corcos, an associate professor of law at LSU and a specialist in First Amendment law. And Vincent Booth, president of ACLU of Louisiana, says crafting the language of such a policy is nearly impossible. "The slippery slope you get on with restricting First Amendment rights is either you'd have to have a dictionary [to understand the policy], or be so vague and overbroad that you can't possible define the offending language," he says. "I can't imagine how someone can say in a paragraph or less what you can and can't say [on stage]."
Even CaÃ±edo's unsure of how such a policy would be enforced. "I'm not sure if there's anything you can do to keep that kind of thing from happening," she says. "We're not the music police."
Festival International's relationship with Lafayette Consolidated Government also raises a host of issues about the ramifications of such a policy. "This festival is on the streets of the city of Lafayette and in public parks," says Booth. "This is the essence of the problem: using city property in a means inconsistent with the Constitution."
It gets even stickier when the issue of government funding is involved. The festival also receives more than $80,000 annually from LCG and state agency grants; Corcos says a new booking policy wouldn't automatically disqualify Festival International from receiving government funds. "A private entity that is primarily interested in putting on an artistic festival might reasonably take the position that politics is irrelevant or even antithetical to an artistic festival," she says. "So it could represent to a funding agency that it would be interested only in the quality of the artists, and the funding agency would respond, 'Well that's perfectly fine.'
"As long as the emphasis is on the aesthetics, rather than on the viewpoints involved, I think this approach may pass constitutional muster," she continues. "After all, someone has to decide, on some criteria, who gets in, and what the rules will be in terms of what kind of subject matter will be presented. Some kind of accounting will have to be made to the funding agency when everything is over."
Still, she believes such an example is not cut and dried. "I don't know how one could justify giving taxpayer money to an organization that restricts free speech," she says. "And political speech is at the heart of the First Amendment."
For her part, Ungar still feels badly about the whole incident. "I can't speak for the whole band, but I wish we had played another song," she says. "We have a lot of other songs with a subtler message. If this experience has encouraged people to think about free speech, that's good, but I'd rather everyone have a good time. I'm not ashamed of playing the song, either. Sometimes people believe that a festival is not a place to think about anything negative ' it's supposed to be a party."
Two Lafayette men have been revealed by police as the infamous duo behind a caper that shook our fair city to its core.
The Lafayette Parish School Board has received a second letter of demand related to last year’s insurance debacle, this time from Key Benefit Administrators claiming it’s owed $93,000 from the school system.
The Louisiana coastline is vanishing faster than mappers can keep track.
A bill that would have overridden local ordinances prohibiting public and private employers from discriminating against lesbian, gay and transgender people has been pulled within less than a week of being filed.
The panel that selects nominees for a controversial New Orleans area flood control board — a board that is suing more than 90 oil, gas and pipeline companies — is set to discuss legislation affecting its independence.
State prison officials cannot keep secret the seller and manufacturer of the two drugs purchased for executions at the Louisiana State Penitentiary, a federal judge ruled Wednesday.
State lawmakers will not appeal a judge's ruling that it was improper to use $3.7 million from a probation and parole officers' retirement fund to balance the state's operating budget.
Here's your daily look at late-breaking national and international news, upcoming events and the stories that will be talked about Thursday, March 06, 2014:
Conservatives have been losing their minds over this satirical bit on the Colbert Report.
The Lafayette Parish School Board leaves a lot to be desired, but is scrapping the election process in favor of an appointed board the answer?
The House approved legislation Tuesday night to roll back a recently enacted overhaul of the federal flood insurance program, after homeowners in flood-prone areas complained about sharp premium increases.
The NFL has formally designated New Orleans' Jimmy Graham as a tight end for the purposes of his franchise tag value, which is now set at $7.05 million next season unless Graham and the Saints subsequently agree on a long-term deal.
A federal appeals panel ruled Monday that businesses don't have to prove that they were directly harmed by BP's 2010 Gulf Of Mexico oil spill to collect settlement payments.
The Louisiana Department of Transportation and Development has closed Interstate 10 from I-49 in Lafayette to Seigen Lane in Baton Rouge.
Jim Bernhard, who engineered the sale of The Shaw Group for $3 billion, recently has told several people involved in Democratic politics that he intends to run for governor in 2015.
A New Orleans levee board wants to hold the oil and gas industry accountable for decades of damage to our state’s coastline, but the Legislature may be poised to put the kibosh on the suit.
New standards curb elective induction
CVS stops tobacco sales
If an Acadia Parish fiddler misses a note while swatting a fly, will a St. Martinville accordionist learn “Ma ‘Tite Fille”?
(It's good, it's bad and it's just crazy)
Can state lawmakers find the nerve — and the votes — to neuter payday lenders?
A calm demeanor has served Gerald Boudreaux well — in his career, passion for sports and in life. And it could be just what his district needs in the state Senate.
Acadiana Catholics* react to Francis
The circumstances surrounding the Jan. 26 fire of the 18,000-square-foot home on Verot School Road seemed strange, but what's even more bizarre is the back-story behind owner Ralph Wadleigh.
Choice cuts from Acadiana's news media for Friday, Feb. 28, 2014: