The Dave Matthews Band just can't seem to shake off the stink of last August's tour bus incident.
The owner of the charter company that allegedly had human waste dumped on its passengers from the band's bus filed a lawsuit Wednesday seeking between $50,000 and $5 million.
In the suit, filed in Cook County Circuit Court, Mercury Skyline Yacht Charters Inc. of Palatine, Illinois, accuses the band and driver Stefan A. Wohl of negligence for knowingly and illegally dumping waste off Chicago's Kinzie Street Bridge (see "Dave Matthews Band Sued For Stinking Up Chicago River").
The "foul-smelling, brownish yellow liquid" dumped onto the company's Little Lady boat affected more than 100 passengers, according to the suit, getting into their eyes, mouth and hair and hurting Mercury Skyline's business.
"We feel horrible for the people that were on the boat that day," the band said in a statement released Friday (February 25). "We have been in discussions with the boat company to resolve their complaints and we were disappointed to see that they have chosen to file a lawsuit seeking millions of dollars. It has also always been our position that the focus of the attention should be on the passengers who were on the boat that day. Toward that end, we had asked the boat company for the names of the passengers that were on the boat so that we can contact them directly, but they have failed and refused to provide it to us."
Mercury Skyline owner Holly Agra said she wasn't aware of the band reaching out to her company to discuss the matter.
The new suit comes on the heels of criminal charges filed against Wohl by the Cook County state attorney's office on January 19. The two misdemeanor charges, reckless conduct and discharge of contaminants to cause water pollution, carry up to a year of prison time and up to $10,000 in fines, according to a spokesperson for State's Attorney Richard A. Devine. Wohl is due in court March 9 to face the charges. Additionally, a passenger on the boat filed suit against the band and Wohl in November, and that case is still pending.
Illinois Attorney General Lisa Madigan's office filed a civil suit in August on charges of permit violation and polluting the water with nearly 800 pounds of liquid waste; that suit seeks $10,000 restitution for the first charge and $60,000 for the second. The case is still pending with pretrial evidence hearings slated for the next two months, according to a spokesperson for Madigan.
A Dave Matthews Band spokesperson said the group donated $50,000 to both the Friends of the Chicago River and the Chicago Park District in October.
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