Home > The M.O. > Archives > 2007 > March > 22 > Entry
SXSW Conspiracy, Part Infinity
As I mentioned yesterday on my post about the hipster selling off bits of the Elks’ Lodge railing that collapsed during the VICE! party, there were a slew of parties that got shut down during SXSW. As with most SXSWs, rumors and speculation abound as to why the parties were canceled? Was it a vendetta by Louis Black? Did the city conspire to end the parties? Was it the work of the underground (and mythical?) Granola Mafia? Or did party promoters simply not understand the law? While many questions remain unanswered, Factory People (clothing boutique and regular party-thrower) owners Thomas and Le Popov sent an open letter to the media offering their take, replete with skepticism and once-bitten-twice-shy anger.
The letter from the Popovs appears below in its entirety:
“As life-long independent music lovers and long-time Austinites (at least one of has lived here since 1989), we have come to love mid-March when the SXSW Music Festival brings Austin to life. After the events of this year’s fest, it’s unlikely we’ll ever feel the same affection for SXSW. On Thursday, March 15th, an inspector of the City of Austin’s Fire Marshal’s Office shut down the FactoryPeople after-party within an hour of the doors opening. He held in his hand a list of 19 other events he would visit that night. Friday night saw a rumoured 26 parties targeted while Saturday saw even more confusion.
“We were ticketed for not obtaining a public assembly permit. As of late last year any gathering of more than 49 people (even on private property) requires a permit to be issued after a visit by a fire inspector. We have since learned that this ordinance was passed as a means of combating out of control frat parties. In applying this ordinance to parties during the SXSW music festival, the city cast a very wide net.
“In the three years that we have had our S. Congress retail store open, we have hosted numerous parties the largest during SXSW and ACL Fest. We have always gone out of our way to create a safe environment that is also law abiding. As such, we employ two off-duty APD officers to monitor such things as crowd control, noise levels, as well as to provide a level of service to our guests like flagging taxis at the end of the night (which we sometimes pay for if the guests have had too much to drink and can’t afford the fare). Two weeks before our most recent event, Officer Tankaksinanukij set up a time to visit us and discuss details. On the day of the event, two other officers stopped by get more information as well. We were never asked once if we were in possession of the public assembly permit. This new ordinance was news not only to us, but to the very professional and informed officers that we hired for our event. Would we have known about this new ordinance if we had been in communication with the Fire Department? We’re not so confident.
“Los Angeles based label-head and promoter Franki Chan made multiple trips to Austin organizing his official SXSW showcase and two after-parties. The fire inspector visited the site of one event numerous times last week and never discussed the ordinance nor did he ever request a copy of any permits (with full understanding of the large-scale event that was going to take place there). The night after our event was shut down, Franki’s party was too for the same reason - lack of permit.
“We might have been two of the biggest events to be shut down, but we weren’t the only ones. Parties in conference rooms, outdoor venues, established party spaces and downtown clubs were all affected. The Fire Inspector had direct orders to shut these parties down, not for safety issues, but for non-compliance to a mystery ordinance. Visitors from all over the world who descend upon Austin every year for the music festival were left wondering, what is going on?
“While the organizers of SXSW would like to believe that these guests come only to buy a wristband and attend their officially sanctioned events, the city and people of Austin know better. They come to eat great Tex-Mex, shop on S. Congress, enjoy world-class hotels and see great bands during daytime and after-hours parties. A lot of record label executives, booking agents, bands, sponsors and music lovers left Austin with a bad taste in their mouths.
“Unfortunately for Austin, they are now looking to spend their money at other festivals next year. CMJ, WMC, Coachella, Art Basel, Fashion Week and Sundance will all happily provide alternatives. Every party that was shut down affected not only the locals who staffed it but also the sponsors, bands and labels that organized it. FactoryPeople will not risk the relationships that we work so hard to build on another event being shut down by the City of Austin. Nor will we lose another dollar (and yes, we lost a lot) on an event that we worked on for over six months only to be shut down in just one hour.
“One would hope that a festival built on the premise of connecting independent bands and major record labels would see the benefit of positive evolution. Without the unofficial events that are thrown during SXSW, many of the bands who come would suffer financially. They depend on being able to play multiple parties not only for exposure but also for income. The reason [that] the Sundance Film Festival is the force that it is and is many times more important than the SXSW Film Festival is the peripheral parties and events that compliment it. The networking that goes on during these events is one of the main reasons for attendance. Ironically enough, FactoryPeople also hosted the after-party for the “Billy The Kid” premiere which won the Best Documentary award during the SXSW Film Fest. Interestingly, that party was not shut down.
“SXSW has sustained a reputation for being imperial and difficult to deal with for years. Whether it’s delaying the 2007 band roster for several weeks or filing multi-million dollar lawsuits for copyright infringement against small companies or appearing to be involved in the shutting down of unofficial events, these are not the actions of people who claim “SXSW is what it is, and we do our best to stay out of its way.” SXSW has not kept secret their frustration with non-sanctioned events. Well-documented efforts on their behalf to shut down private parties and alternative SXSW events were carried out by the Fire Marshal as far back as 1994. Unfortunately, in lieu of open communication, conspiracy theories will abound.
“We have enjoyed SXSW as participants for years, well before we opened our shop. And quite frankly, for a shop that bills itself as one that “sells clothes to listen to music in,” we probably wouldn’t have opened in Austin had it not been for its music-loving reputation. As business owners, we see first-hand the benefits that SXSW brings to Austin.
“This year the City of Austin became an official sponsor of SXSW and waived close to $100,000 in fees for permits, street closures and manpower. Why they choose to support some businesses and actively penalize others disappoints us greatly. In some instances, the Fire Department allowed events to continue this year as long as a department official was on site at $120 per hour. Mayor Wynn even got involved in keeping one business open. Obviously none of these offers were made to us (and others) as we would have taken them.
“Ultimately, FactoryPeople didn’t obtain the permits and we accept full responsibility. We’ve returned all sponsorship checks and apologized to all who were affected. It’s a mistake we won’t make again. We do, however, have the right to know why this happened.
“Someone compiled the list of parties. Someone targeted music-related events during the SXSW Music Festival. We have the right to know who and why. FactoryPeople is filing a freedom of information request for access to any records detailing the communications between SXSW, The City Council, The City of Austin, the Fire Department, and Lt. James Hoad of the Austin Fire Department.
“If you were affected by any of the above, please email thepartysover@factorypeople.com.
“Love,
“Thomas and Le Popov
“FactoryPeople”
Were you at one of the parties that was shut down? What are your thoughts on the closings and the culture of the myriad unofficial parties that take place during SXSW?
Permalink | Comments (27) | Categories: SXSW
Comments
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By David
March 22, 2007 8:54 PM | Link to this
I am so upset I can hardly type. The truth finally comes out. Roland is full of it.
Who benefits when a party is shut down? Who loses? I was at a party that was shut down along with 500 other people and it was sad. There were performers there that came just for the party that did not get to perform. These guys should be ashamed of themselves. sxsw is a joke and I hope people in Austin really take a look at what they are doing. They turn around and the city gives them a tax break?? Yeah they dont care about you they care about “industry” people. I am shocked really although I knew the truth the whole time. Roland what comes around goes around. I hope you guys at sxsw are proud of yourselves for having parties shut down I am sure you feel real good about it. The iheartcomix party was free by the way but you wouldnt know about free would you? Dont worry though nobody lost money cause there was no money to gain it was free for the people….Sorry not industry people just people.
By lilly
March 22, 2007 9:11 PM | Link to this
All I have to say is * Thomas and Le Popov. I am supposed to care that some exclusive-sounding party had to follow the same law that 19 year old frat-daddies have to follow? I am supposed to care that some *** LA industry ** won’t be back? GOOD! I hope NOONE else from LA comes here with their inflated real estate price expectation and shallowness.
MO - sorry for cussin on your blog. But * FactoryPeople and * their $100 t-shirts driving up the rent on south congress.
By Jake Herringbone
March 22, 2007 10:22 PM | Link to this
Hey Factory People, update your wardrobe and get over it! Too many people in close quarters, would you be complaining about the ordinance if there had be a fire and 50 of your guests perished? The limits are not just for frats, they are for lifes! Use this as inspiration for another teeshirt. Also one of you living in Austin since 1989 doesn’t make you long-timers unless you’re 18!
By David
March 22, 2007 10:30 PM | Link to this
This is not about Factory People. This is about parties being shut down because the organizers of sxsw do not like them. I am tired about everyone thinking this is about Facotry People…The truth is they are the only people that anyone will listen to.
Read the article Roland Swenson sent a list of parties to the fire marshall he had to act on them because they are a formal complaint. What a jerk he is. I happened to be at one of these parties it was free for the people not like his industry conference that takes over this city. Please do not think this is about Factory People this is about a list of parties Factory People just happened to be one. The one I went to that got shut down had nothing to do with LA hipsters a majority of the people that were at the party I was at happened to be from here or around here.
By Frederick
March 22, 2007 11:37 PM | Link to this
I was saddened to move from Austin in 2002 after living there 12 years. However, watching from afar, I continue to witness Austin implode on itself. The terrific pressure to live up to the marketing and reputation Austin has, combined with the bureaucracy of an aging demographic that seeks to tame it’s “wild” reputation, is quite amusing.
San Antonio has so much of the culture, art and “scene” though it isn’t pronounced, advertised, nor is it a standard that has to be met. I would much rather be who I am than have to “fit in” to the Austin brochure.
Good Luck!
F.
By Austinite
March 22, 2007 11:37 PM | Link to this
Let’s for a minute suppose that the Popov’s conspiracy theory is true:
They broke the law regardless of who “ratted” them out - mistake or ignorance of law is no defense legally: if you want to do any type of business you are responsible for knowing & learning the rules (GROW UP, Please - stop trying to pass the buck just because you finally got caught)
If there were to be a tragedy at a “Un-sanctioned” event during SXSW, then the related press would be unlikely to clarify that SXSW was not responsible or involved, and public perception ould quickly be that SXSW was somehow responsible anyway
AND, in the event of such a tragedy, SXSW would certainly be included in any lawsuits by the victims and or their families because of the perceived relationship, and even the argument that regardless if it was “un-sanctioned” that it would not have accourred if SXSW wasn’t going on, and though they would likely be able eventually get those lawsuits dismissd (PI attys speak on this please) it would cost them tens of thousands of dollars (or more) in legal fees to do so (and no, you cannot get the person who sued them (or the proper defendants)to pay those fees for them, except in the RAREST of cases.
if the popovs and others were too ignorant to have obtained a permit, i doubt that they are carrying adequate liability insurance either - too bad for you if you get hurt at their party
I have absolutely no affilitation with either SXSW or the popovs or anyone else involved - this has been a completely objective opinion - I haven’t ever even been to SXSW at all, and I think that Louis Black is a goof-ball (I’ve read his paper)
By Faith
March 23, 2007 9:32 AM | Link to this
Ok, here’s my spin…
The Factory People should have had a permit, just like what is required from anyone else, frat parties, other venues, etc. They didn’t. But to be fair, they didn’t know they had to have one. They never had to have one in the past, and unless you’re informed of the requirement, how would you know? Bottom line, the fire dept had a right to shut them down and now they know they need a permit for the future. It is what it is.
What really just blows me away is that this Roland Swenson guy (whoever he is), put a list together and gave it to the fire department! What grade is this guy in? I can just hear a whiney little school kid voice, “If we have to have one so do they.”
This town really has changed. I’m so sick of all the out of state people coming in and trying to change Austin to fit the place they came from. It’s not the same old Austin, and it makes me sad to see it die out.
By Mis Discusted
March 23, 2007 9:57 AM | Link to this
To quote Faith ” I’m so sick of all the out of state people coming in and trying to change Austin to fit the place they came from. It’s not the same old Austin, and it makes me sad to see it die out”. Funny thing is I live in San Marcos and that is EXACTLY what the Austin people have done to San Marcos in the past 6 - 8 years. As Austin became more crowded, more people moved south to San Marcos, then they started complaining that San Marcos didnt have the amenities as Austin… DUH! Well now San Marcos is no more than “South South-Austin”. We “San Martians” who have lived here for years are discusted by the Austinites who have ruined our town with cheap restaurants, traffic and pollution and a snobby attitude.
By Faith
March 23, 2007 10:21 AM | Link to this
Mis Discuted, I’ll bet if you poll those people that moved there from Austin, you’ll find they’re from somewhere else originally. I’ve lived in Austin 15 years and spent every summer of my life in Austin as a kid growing up. I remember Austin before there was a Mopac! Ok I’m dating myself. The true Austinites are not pretentious snobs, but I know a WHOLE lot of people from other places, that “say” they’re from Austin who are big fat snobs!!!! Most true Austinites are very laid back and have a live and let live attitude. That’s probably why all the foreigners have been able to take over and run roughshod over the old Austin.
I don’t blame you for wanting to keep SM as it was. It was a beautiful, sleepy, little college town with tons of charm and not one McDonalds. It ALL makes me really sad.
By rat
March 23, 2007 10:22 AM | Link to this
Conspiracy or not SXSW is still a great event and a great attribute of Austin. It is unfortunate, however, that a few businesses and people were disappointed. But, that is the nature of the beast. You can’t expect perfection when you mix the municipalities, music industry, and the general public in a week of dionysian festivities.
I fully support all the businesses and people that participate by hosting parties whether in affiliation with SXSW or not…I attended many non-affiliated parties with SXSW that were not shut down.
Next time either obtain all the necessary permits or don’t have a party.
By Rick
March 23, 2007 10:25 AM | Link to this
SXSW pulled the same deal a few years ago when another promoter was attracting venues to his side festival rather than SXSW. Every venue that was on his festivals books was hit by Fire Marshals, not during the day when the venues had SXSW bands running but at night when non-SXSW bands and events were going on. Not only that but bands playing these non-sanctioned shows were contacted and told they had been blacklisted and would never be considered to play an official SXSW showcase. Journalists connected with the magazines who had sponsored the fest also had their SXSW passes stripped. I was in one of these bands and witnessed this all first hand…SXSW is devious, 2-faced and employs disgraceful tactics. The festival is cool - it’s owners are a disgrace.
By trent
March 23, 2007 10:42 AM | Link to this
Sour grapes. I guarantee factory people will have a party next year. And you can’t tell me they did not experience a crazy revenue spike sxsw weekend. Whether you’re a fan of sxsw or not, it is great for the city, and without it a lot of small business would not make it through there year. Factory People, put that in your $120 Fred Perry and smoke it.
By King Louis
March 23, 2007 10:53 AM | Link to this
I sure hate a narc. Especially if it is the same one that is making millions of dollars and has the support of the City. However, why not end the conspiracy theory before casting blame? Simply file an open records request of related city officials involved (Fire, etc) and see if there was any disparate impact, i.e. were non SXSW parties inspected more than official parties? Were all SXSW events fully permitted and inspected? The “other” parties are great and the moment that SXSW starts rolling over the little guys for the sake of power is the beginning of its decline. If true, a very lame move straight from the playbook of Bush, Cheney, and Scooter.
By Here since '80
March 23, 2007 11:05 AM | Link to this
Wouldn’t it be great if someone could convince New Mexico and Louisiana to poach SXSW from us, instead of Friday Night Lights? Of course our City Council would pimp their own mothers to try and stop it, but I would love to say buh-bye to SXSW.
By David
March 23, 2007 11:53 AM | Link to this
The proof is in the article read it!!
Roland Swenson is a JERK. So some of you were not at aparty that got shut down good for you. What if it was? I was at plenty of parties that didnt get shut down and you know what they didnt have the permit either. Roland Swenson sent a list tothe fire marhsall who had to act on it because it was a formal complaint…He knew these parties would not have this “permit” because nobody really knew about it. You cant even find the damn thing on the coty website.
THIS IS NOT ABOUT FACTORY PEOPLE OR THEIR CLOTHES QUIT MAKING IT THAT WAY. THERE WERE ALOT OF PARTIES SHUT DOWN THAT HAD NOTHING TO DO WITH FACTORY PEOPLE. IF YOU DO NOT LIKE THE PRICE OF THEIR CLOTHES DONT GO THERE. THIS FESTIVAL OR CONFERENCE THE CITY JUST GAVE A 90 THOUSAND DOLLAR TAX BREAK TO AND THE ORGANIZERS ARE HAVING PARTIES BROKEN UP. I HAPPENED TO BE AT A PARTY THAT WAS FREE TOOK 6 MONTHS TO PLAN AND THE POLICE CAME IN LIKE GANG BUSTERS. IT WAS RIDICULOUS ALL FOR WHAT BECAUSE THIS BLOWHARD FILED A COMPLAINT. WHAT A KIND OF A PERSON DOES THAT. HE GOES ONLINE AND DENIES IT AT FIRST UNTILT THE FIRE MARSHALL HIMSELF ADMITS THAT HE GOT A LIST FROM SXSW? WHERE IS ROLAND NOW? HE IS PROBABLY ROLLING AROUND LIKE A PIG IN SLOP WITH THE 90 THOUSAND DOLLAR TAX BREAK WE JUST GAVE THEM. PLEASE DO NOT TELL ME THIS CONFERENCE IS GOOD FOR THE PEOPLE OF AUSTIN BECAUSE THEY DONT CARE ABOUT THE PEOPLE OF AUSTIN READ THEIR INTERVIEWS THEY SAID IT THEMSELVES THEY DO NOT CATER TO REGULAR PEOPLE THEY CATER TO “INDUSTRY” PEOPLE.
By Chris Danger
March 23, 2007 11:54 AM | Link to this
As someone who has both been an observer and a participant in SXSW, its become apparent that this festival has become an over-bloated monster. What was once a great showcase to see new bands of all genres is now a joke, not just to us austinites (both local and abroad), but to the music industry as a whole. I have a feeling that SXSW is on its way to becoming irrelevant due to the simple fact its streching itsself way too thin, as well as being ran by a complete fool like Mr. Black
By El Stone
March 23, 2007 12:13 PM | Link to this
Austin used to be cool. Then a bunch of rich jerks moved here and messed it up. Oh, and by the way, I’ve lived here my entire 31 years, so don’t act like you’re cool or know what you’re talking about if you’ve been here 8 years.
By Mike Rod
March 23, 2007 12:48 PM | Link to this
I’m just mad because every party I wanted to go to, including Factory People’s, was shut down. Sometimes these parties are the only thing about SXSW that locals can take advantage of and get equal footing with the show biz invaders. One solution would be to move these parties outside! No capacity outside!
By Steve Rob
March 23, 2007 1:42 PM | Link to this
Want to investigate the conspiracy?
High Beam promotions - the wing of SXSW that books events for out of town groups whether official or un-official and the amount they middle man for SXSW! HIGH WAY ROBBERY!!!!!
Let’s investigate what High Beam does!!!!
By Greed Free
March 23, 2007 2:05 PM | Link to this
New Orlean’s Mardi Gras is open to everyone and could be an eternal human rite. For SXSW to grow beyond the small number of available Austin venues and become an institutional icon, it must evolve and involve and embrace the entire community. Those of us that love music and musicians, and the SXSW organization will only benefit by growth. The city will benefit too. Change this law to open Austin’s door to our neighbors and world wide tourist before it is too late and we experience a NXNW implosion.
By Big Bad Austie
March 23, 2007 2:58 PM | Link to this
Do any of you Factory People idiots remember this ? This is why inspections should, and do occur…And why laws are passed..Get real…
At least 96 killed in nightclub inferno Governor: DNA might be only clue to identity of some victims
WEST WARWICK, Rhode Island (CNN) — Ninety-six people died Thursday in a fast-moving fire at a Rhode Island nightclub, Gov. Don Carcieri said Friday afternoon, adding that only a handful of the bodies have been identified.
By Mr. Smarty Pants
March 23, 2007 3:02 PM | Link to this
To all you LA jerks…Come, leave your money, and go home please…And take the factory people with you….
By Mikey
March 23, 2007 3:44 PM | Link to this
You know, Greed Free, the only thing wrong with your little theory is you have to know when to STOP growing! If you keep going back to the cookie jar one of these days your hand is gonna get snapped off! SXSW has grown TOO large! It is now a “Twinkie”! A little bit of substance surrounding a WHOLE LOTTA CREAM FILLING! Too many weak and worthless bands and the same with some of the venues SXSW uses! Knowing when to reel in your growth to maximize the value and not overstretch you capabilities (like quality talent,venues,sound systems and qualified soundmen!!, staffing and volunteers,etc.) In this case QUALITY should overtake QUANTITY! And as far as NXNW goes..it did not implode! I know someone who worked at the Willamette Weekly paper in Portland and the SXSW staff who were HIRED to HELP put on NXNW was ASKED to LEAVE! The partnership devolved into in-fighting as to what direction it was going. Top that off with the Portland locals were not behind it because SXSW staff were perceived as “carpetbaggers” from Texas who just took the money and ran! Not to mention the fact that a lot of Portland bands were never invited to play SXSW after they were abused at NXNW. So the backlash began…and it could very well happen here if SXSW doesn’t stop this bad press! As my granddad use to say: “A little bit of somethin’ is a lot better than a whole lotta nothin’!”
By rat
March 23, 2007 4:09 PM | Link to this
Why don’t we just follow the mentality of Bush/ Perry and build a big fence around Austin.
That will really show those music industry, LA types.
If you can’t deal with the growth of Austin then move to some stagnant swamp and hangout with the frogs.
By Austinite
March 23, 2007 7:34 PM | Link to this
hear hear, mr. rat!
By deejane
March 24, 2007 3:03 AM | Link to this
As a former sxsw employee- no-one and nothing is as evil or a perfect as you think. For Factory People- and Lee and Tom are good additions to our (diverse and growing) community- I am sad that their gatherings were squashed, but- and it is a big but…is it not all a crap shoot? Is it not all a roll of a big ol’ pair o’ dice? To be uninformed when you thought you were is ****. And it happens. Lots of parties were shut down, as we all know, and some for good reasons. Remember, creation is a messy business.
Roland Swenson is no more the Devil than Cheney- no, wait… Anyway. It was a great week, Austin remains the same changing, vital place it has always been, Factory People sells great clothes I cannot afford, music brings us to this place and spring is here.
By A. Queen
March 28, 2007 10:42 AM | Link to this
This required permit doesn’t exist. Try to get one. It’s a fools errand rolled into a catch-22.