http://www.velvetrope.com/ubbthreads...b=5&o=&fpart=1
April 22, 2003
BY ABDON M. PALLASCH Legal Affairs Reporter
Disappointed Creed fans sued the pop band Monday, saying singer Scott Stapp "was so intoxicated and-or medicated" at the band's concert Dec. 29 at Allstate Arena in Rosemont "that he was unable to sing the lyrics of a single Creed song."
"Stapp left the stage on several occasions during songs for long periods of time, rolled around on the floor of the stage in apparent pain or distress and appeared to pass out on stage during the performance," according to the suit filed in Cook County Circuit Court.
Each of the four named plaintiffs in the suit seeks a refund of the $56.75 cost of each ticket, as well as parking expenses.
The plaintiffs also are asking a judge to certify the suit as a class action, so other fans who were at the Rosemont show could also get refunds. If the whole class of concertgoers is certified, the total could be $2 million.
Creed issued a written apology to fans in January, saying, "We apologize if you don't feel that the show was up to the very high standards set by our previous shows in Chicago. ... There has been much concern about Scott's health, and we want to assure everyone that he is doing very well."
But the band offered no refund.
Fans might have been surprised by Stapp's alleged drunkenness. The group sings songs with Christian subtext, and Stapp preaches against the evils of alcohol.
But the lawsuit says fellow band members Mark Tremonti and Scott Phillips knew of his condition and decided, along with Ticketmaster and management company JHMP, to go ahead with the show rather than cancel it and have to offer refunds.
"Stapp's drug and-or alcohol dependency or condition was well known to the other two members of the Creed band ... and was well known to JHMP," the suit said.
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