A judge ruled yesterday (May 7) that Marilyn Manson can't be
prevented from performing at the June 15 Ozzfest concert scheduled to take
place at Giants Stadium in New Jersey.
Federal District Judge Alfred Wolin
issued an order preventing the New Jersey Sports & Exposition Authority from
prohibiting the Ozzfest if Manson is on the bill.
Paul Cambria, attorney
for Marilyn Manson, told ATN yesterday that Wolin's ruling "shows that the
First Amendment is alive and well in New Jersey."
The judge's order
restrains the Sports Authority from prohibiting Manson's performance on June
15; from prohibiting or otherwise interfering with ticket sales for Ozzfest;
and from taking any action to repudiate or breach its contract to lease the
stadium for the concert.
The Sports Authority originally announced three
weeks ago that it would not sell tickets to Ozzfest if Manson was slated to
perform. The shock rocker filed a case against the Authority last week,
requesting that the court direct New Jersey officials to permit the concert to
proceed. Concert promoters Delsener-Slater Enterprises and Ozzfest headliner
Ozzy Osbourne--who declared his own intention to sue the state after the ticket
ban was announced--later joined in the suit.
Wolin signed an order
instructing the Sports Authority to show cause why he should not issue an
injunction against its policy. At a hearing on Tuesday (May 6), the state body
submitted its opposition to such a court order.
Yesterday Wolin said that
preventing Manson's performance was "patently unreasonable," since the group
"has demonstrated no propensity for illegal activities on stage," according to
the Asbury Park Press.
Following the ruling, the Sports Authority
issued a statement saying that it "is disappointed in Judge Wolin's decision.
The safety and welfare of our patrons was the impetus for the Authority's
position on this issue and remains a priority of Sports Authority management."
The Authority said it will review the judge's full thirty page opinion before
making further statements.
Cambria countered that "the Authority was
really operating on the basis of misinformation...
Cambria countered that "the Authority was really operating
on the basis of misinformation" about Manson's concerts. He expressed his hope
that "after reviewing the opinion, [the Sports Authority] will accept the fact
that the First Amendment doesn't allow any municipality to bar performances
simply because they disagree with the content of the performance."
that Manson "has had a half dozen concerts since this New Jersey thing all
began, and every one of those concerts have occurred without any incidents
At a Marilyn Manson performance last week, the singer spoke
with Cambria about the legal activity that has dogged the band on tour. "He's
not happy with the lies that are being spread about him and his performance,"
said the lawyer. "And he's not happy that people are prone to accept these
before they have any basis for accepting them. Now we're taking positive
efforts to set the record straight."
Among those efforts is an ongoing
investigation into reports of Manson concerts published on the Internet home
page of the American Family Association. Supposedly eye-witness accounts, which
have now been removed from the A.F.A. site, depicted Manson engaging in sexual
acts on-stage with band members, underage concert patrons, and animals. In a
cease and desist letter to the A.F.A., Cambria said the allegations were "rife
with malicious lies" that have "severely harmed the reputation of the band and
After his office finishes its probe into the reports, Cambria
said, "We will start drawing our papers and filing them, and suing all those