The news hit earlier today as the featured story on the front page of the Press Democrat website: “Concerts Banned at Phoenix Theater.” The reality is that there’s nothing to be alarmed about; the Phoenix is going to be up and running again next week after they provide the fire department with a light list of compliance and protocol to some very normal, regular ordinances.
Tom Gaffey, manager at the Phoenix, seemed calm when I talked to him. “I’m happy to take a weekend off, quite frankly,” he said.
What is alarming is that the initial newspaper article, which only quotes the Petaluma Fire Department’s side of the story, states that the shutdown is due to circumstances at the Smashing Pumpkins show on Wednesday, where “no one in an official capacity kept track of the number of people admitted, exits were blocked and some people entered without paying.”
That’s simply not true, says Jim Agius, who books the theater. He says that between the will-call list and the hard tickets taken at the door, the Phoenix kept a clear record of the number of people admitted to the Smashing Pumpkins show. “Their allegations in the newspaper are false,” Agius says. “There were four police officers here, they walked the building, they took pictures. They asked Tom about the capacity.”
Agius says that while the police officers were at the show, they didn’t express any concern about apparent blocked exits or other dangers. As such, he was shocked the next day to find that the show was allegedly “in flagrant disregard of the California Fire Code and laws designed to protect public safety.”
“If that was the case,” reasons Agius, while the police officers were there, “why did the show not get shut down? The whole thing doesn’t really add up to me.”
In stating that people were let in without paying (that’d be a media list, which I was on, and which hard tickets accounted for) the Fire Department implies that security was lax; in fact, there were 30 people working security that night, and I saw them with my own eyes doing their job—patting people at the entrance, searching bags, busting people who lit up.
The Fire Department also claims the police that night used a “pitch counter” to determine attendance, which sounds like a snazzy piece of crowd-estimating technology but is really just this. Sometimes staff stands at the door to a venue and uses it to count people as they come in. I didn’t see any police officer using one at the door, and I was there for several minutes, checking in as media. Neither Gaffey nor Agius saw one either.
I also walked around the entire perimeter of the floor at the show, and entered and observed the balcony. At no point did I see an overcrowded or unsafe venue. The Fire Department says there were 900 people at the show, 180 over capacity. “As the night went on, I counted up the will call and tickets,” says Gaffey. “I don’t believe we were over capacity.”
It gets fishier. The Fire Department gave Gaffey the notice at 3:30pm on Thursday—Gaffey looked it over, and saw that the Phoenix was already in compliance with most items on their list, such as having a security protocol on file with the Fire Department. Yet the department claimed they have no such thing on file. “We actually did file that,” says Gaffey. “We, as a board, filed that together. It got dropped personally off at their office.”
As for the rest of the list? Simple things to deal with, said Gaffey. “I said, ‘Great, I’ll have this to you tomorrow,’” he says. Only one problem: the Fire Department informed him that all city offices were closed on Friday, and that he would have to cancel any scheduled shows over the weekend.
Here’s where the pieces fall together. The Police Department in the past has been vocal about their opposition to rap shows, and particularly about Andre Nickatina. Coincidentally, the Phoenix had Andre Nickatina booked for tonight, raising some eyebrows about the timing of the Police Department’s data-collection and the Fire Department’s subsequent notice. The Nickatina show has been postponed.
(The last time the Phoenix was forced to put a hiatus on hip-hop shows in 2008—similarly causing the Press Democrat to use the linkbaiting but incorrect headline of “Phoenix Theater Bans Rap Concerts”—what was the first show to be rescheduled? Andre Nickatina.)
“Our hands are tied, no matter what happened,” says Jim Agius. “All we can do is comply with their list.” Both Gaffey and Agius said they were confident the theater would be open again as normal next week.
[UPDATE: The Press Democrat talked to the Phoenix and updated their story.]