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."
Despite sweeping changes enacted by Gov. Bobby Jindal's administration, the health insurance program for state workers and public school employees will have to use $88 million from its reserve fund to cover its costs this year.
The LPSB races are sure to get heated between now and Nov. 4, and with only 9 available seats, this year's field of 20 candidates will surely be wanting to set themselves apart from the crowd early; they'll get their chance next week, starting Tuesday with the kick-off of a three-day series of candidate forums.
Lawmakers say they've received complaints that waits have spiked, with people being forced to wait in line for more than an hour — and sometimes three hours — to handle routine tasks.
The campaign announced that Rep. Stuart Bishop of District 43 and Nancy Landry, District 31, have thrown their support behind the Naval Academy graduate and entrepreneur in his bid to unseat current Hunter Beasley in District 8.
A Lafayette man with an alleged taste for child porn was busted Thursday evening during a cyber crime sting launched by the Attorney General’s Office.
U.S. Rep. Vance McAllister says his chief of staff is on temporary leave after being booked with drunken driving.
It was a rare moment in Congress this week as Republicans briefly put aside partisanship in support of President Barack Obama's request to train and arm Syrian rebels, and while a number of Democrats opposed the measure, Louisiana's Democratic Sen. Mary Landrieu found herself on the same side of the issue as her Republican challenger Rep. Bill Cassidy.
Home Depot breach bigger than Target; Alibaba IPO could be big; Rivers' last project and more national and international news for Friday, September 19, 2014.
Friday's Blogs from the Bog!
City-Parish President Joey Durel is asking the council to sign off on a resolution approving a pair of deals that would lead to razing the seedy Lesspay Motel at Four Corners to build a new police substation as well as transforming nearly a block Downtown where the old federal courthouse building now molders into a mixed-use development.
In 2013, the IRS — already the least popular governmental agency in the country — became the target of intense investigations after it was revealed that they had specifically and improperly scrutinized applications for tax-exempt status from organizations associated with the nascent Tea Party movement.
Improving the running game was "a point of emphasis" during the offseason and the results have manifested themselves in the form of substantially greater production.
Louisiana's health department said Wednesday that its evaluation of the state's Medicaid privatization was on target, despite criticism from the legislative auditor that it lacked key data and contained inconsistencies.
The feds converge on your office, seizing records on several employees as part of a pay-for-plea investigation. WWYD? If you’re Mike Harson, you give yourself a $12k raise.
It’s football season and after back-to-back winless weekends for the Saints and the Cajuns many citizens are finding it difficult to be civil much less happy. Well, chew on this.
Considering his repeated stays in the local penal system, David Narcisse Jr. should have known that having a semiautomatic shotgun, even one given to him by a friend, wasn’t the brightest of ideas.
A state district judge on Tuesday threw out a last-minute retirement hike lawmakers gave to the state police superintendent, ending a political firestorm over a pension boost passed without public scrutiny on the last day of the legislative session.
The House has passed a bill to increase oversight of veterans' hospitals under construction, following a report that some medical centers take three years longer to complete than estimated and cost an extra $366 million per project.
An obvious follow-up question for any Republican politician who accuses Democrats of being science deniers is one about science, to which Jindal bobbed and weaved like a welterweight champ.
The Lafayette City-Parish Council is expected to decide tonight (Tuesday) whether to go along with a proposal City-Parish President Joey Durel made in February’s State of the Parish Address and consolidate taxes for mosquito control and the parish health units into a broader tax program that would also cover animal control.
U.S. District Judge Richard Haik has dismissed Greg Davis’ lawsuit against the LPSB, yet in his ruling, the federal judge doesn’t bite his tongue in pointing out the "threat" being posed by certain board members.
Of all the political offices being contested throughout Lafayette Parish, the race for Broussard’s top police post has literally become one of the most heated.
A state district judge is deciding whether to issue an injunction against the enforcement of a last-minute retirement hike that lawmakers gave to the state police superintendent.
A new website is up for Louisiana's state government employees and retirees to choose their health insurance plans for next year, a choice they must make by October.
That fact that New Orleans led both games in the final 10 seconds of regulation, and lost each by a field goal or less, is of little solace.