STAR-BULLETIN / APRIL 2002 Aerosmith performs onstage in Los Angeles at MTV's music tribute to the band.

Aerosmith is sued over cancellation

A ticket holder wants to be reimbursed for airfare and other costs

A concert ticket holder filed a lawsuit yesterday against Aerosmith because the rock band's Sept. 26 show on Maui was canceled.

The suit in the Second Circuit Court seeks class-action status and possible damages of $10 million or more.

Lisa Sanchez, who lives on Oahu, alleges she spent $269.50 for two concert tickets, nonrefundable plane tickets and membership to the Maui Arts & Cultural Center, which entitled her to purchase tickets in advance of the general public. Sanchez contends that although she received a refund for her tickets, $25 in ticket fees was not returned.

Sanchez filed the complaint on behalf of herself individually and "all others similarly situated," alleging negligent misrepresentation, unfair and deceptive trade practices, breach of contract, negligence, unjust enrichment and conspiracy.

The complaint alleges Aerosmith announced Sept. 14 it had rescheduled its canceled Chicago concert for Sept. 24, despite being aware of logistical considerations involving transporting the band's equipment from Chicago to Maui for its Sept. 26 Maui show.

The complaint also alleges that despite this knowledge, tickets continued to be sold and no announcement was made.

Sanchez's lawyers could not be reached for comment.

The lawsuit contends each class member has incurred estimated damages from $50 to $300 per ticket holder. If the class size is 10,000, the suit suggests damages could run from $500,000 to $3 million.

The plaintiff seeks to have damages tripled, which she estimates at $1,000 per class member or $10 million for the entire class. Those age 62 and older should be entitled to $5,000 each, the complaint contends.

The complaint says the band's promoters announced the cancellation of the Maui concert on Sept. 20 and initially gave no reason.

They did announce the private Honolulu performance for Toyota car dealers would be held Sept. 29, for which Aerosmith reportedly received more than $1 million, according to the complaint. (Toyota also paid the University of Hawaii at Manoa about $500,000 for use of its facilities for the concert.)

On Sept. 21, five days before the Maui concert date, the band's management company, HK Management Inc., announced it was canceling for logistical reasons.

The complaint alleges a spokesman for the management company stated they had just realized they could not get the band's equipment to Maui in time for the show.

"However, rather than consider any of these alternatives, Defendants simply canceled the only public performance by Aerosmith in favor of the larger Chicago venue and the lucrative, private concert for the Toyota car dealers," the complaint states.

The Chicago concert had a sold-out audience of about 18,500. The Maui concert at the Maui War Memorial Stadium, with a 10,000-seat capacity, was nearly sold out a week before the concert date.