Driftwood Music Fest calls off plans for April festival after injunction

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Faced with an injunction order that temporarily halted its ability to book performers or sell tickets, the Driftwood Music Festival announced Monday that it is no longer pursuing its plans for a festival at the Salt Lick Pavilion on April 19-22, 2018.

“Festival cofounders Ryan Brittain and Scott Marshall have no choice but to now search for another date for this event, although the location will remain the same,” a statement from the festival reads. “At this time, no date has been selected and Driftwood Music Festival is now on hold until further notice.”

The statement follows news that the Old Settler’s Music Festival which filed a lawsuit against the Driftwood Music Festival in mid-October, were granted an injunction that was filed Nov. 14 in Travis County District Court. The injunction states, in part, that “the Court finds and concludes that Old Settler’s Music Festival will probably prevail on the trial of this cause.”

Old Settler’s Music Festival is moving from Driftwood to a new site near Lockhart next year. Scott Moore for American-Statesman

The injunction covers several actions. The most significant orders temporarily prohibit Driftwood from selling tickets and booking performers. Other actions covered include “implying that Driftwood Music Festival, LLC, is a continuation of a prior music festival” and “using Old Settler’s Music Festival’s confidential information and trade secrets, including but not limited to any lists or identities of volunteers or paid workers”. Both of those actions, among others, were alleged in the suit Old Settler’s filed on Oct. 17.

READ MORE: Old Settler’s Music Fest files suit against new Driftwood Music Fest

The injunction states that “unless Defendants are restrained from committing any of these acts, Old Settler’s Music Festival will suffer irreparable harm for which there is no remedy available at law.”

Old Settler’s was required to file a $50,000 bond with the county clerk for the injunction to take effect. That bond will revert to Old Settler’s if Old Settler’s wins the lawsuit or if the case gets settled out of court, Old Settler’s festival director Jean Spivey said Monday. She also noted via email that the Driftwood Music Festival principals “have already sent us a settlement offer and we are countering this week.”

The conflict between the two festivals arose over the summer after the long-running Old Settler’s Music Festival announced in August that it would be moving to a new location near Lockhart next year. In September, a website appeared for a new Driftwood Music Festival, planned for the same April 19-22, 2018, dates as Old Settler’s. Scott Marshall and Ryan Brittain, two longtime fixtures in producing the Old Settler’s Fest, had filed state paperwork creating Driftwood Music Festival, L.L.C., on July 11.

A footnote to the injunction also noted that Old Settler’s “has added a Defendant, SJG Corp, to this lawsuit” but that the injunction addresses original defendants Marshall, Brittain and the Driftwood Music Festival. SJG Corporation is a food service company that operates Salt Lick Barbecue, which owns the Salt Lick Pavilion grounds where Old Settler’s had been held for more than a decade. The Driftwood Music Festival’s plan has been to hold its festival there in the future.

Old Settler’s announced the first batch of performers for its 2018 festival late last month. Another announcement of more acts may be forthcoming in a week or so, Spivey said Monday.


Author: Peter Blackstock

Music writer for the Austin American-Statesman and austin360.com. Twitter: @Blackstock360

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