Kicked Out of the Louisville Court Show

So... here it is Friday morning, October 2; and I’m here in my studio instead of on the streets in Louisville. I’ve done Louisville several years running and I enjoy this show. It’s never been a great money maker for me, but, being my last show of the season, it has always helped me get over the hump before the winter shows start. I had always depended on some revenue from this show to help finance the winter booth fees.

When I applied to Louisville earlier this year, I applied to the 3rd Street section, which I have done several times in the past. Last year, at the show, I walked the Court section to see how that show looked. Impressed by the overall quality of the artwork in the Court, I decided to try for the Court next year. So, I applied to the Court section as well as the 3rd Street section, hedging my bets, like we all do, hoping to get into one of them.

When the results came, I was invited to 3rd Street, but put on the wait list for the Court. I promptly paid my booth fee for 3rd Street because I wanted to insure that I would be in the same booth location as last year. Waiting to pay my booth fee could get me a poor booth location. Then, surprise... I got an invitation from the Court off of the wait list. Seeing that the deadline for receiving a refund from 3rd Street was still a month away, I requested a refund and accepted the Court invitation. I paid my $550 booth fee to the Court and a couple weeks later, received a refund from 3rd Street. I was pretty excited about exhibiting on the Court with some of the best artists on the circuit.

A couple weeks went by and I got a letter from the Court informing me that I had been disqualified from participating. Huh? Reading further, I learned that the Court has a rule that if you accept an invitation from one of the other sections, you were prohibited from accepting an invitation from the Court. Since I paid my 3rd Street booth fee, I was prohibited from the Court, even though I received a refund from 3rd Street. I was devastated. 

I went back to Zapp to review the rules and, sure enough... I blew it. Here’s how the rules read:

Court Section Rule:

  • Participation in more than one section of the show is prohibited. Once you pay a booth fee to one section you may not accept an invitation from another section

3rd Street Rule:

  • Participation in more than one section of the St. James Court Art Show in the same year is prohibited.

In a panic, I promptly composed a letter to both 3rd Street and the Court to try to reverse this disqualification. I pointed out that I was guilty of missing that rule, but the penalty for missing that rule was incredibly severe. Last year I earned around $4000 on 3rd Street. In effect, the Court was levying a fine of at least $4000... income I needed, and depended on, for upcoming booth fees, mortgage payments and food for my family’s table. I also pointed out that both 3rd Street and the Court could have avoided this “disqualification” with a single sentence warning me about this rule.

It took me a couple of tries but finally, 3rd Street responded to my letter and would not let me back into the 3rd Street section. But the Court did not respond, and they still had my $550 booth fee. I made several attempts to contact Margue Esrock (Court), by phone and by email, hoping to reverse their decision, and, at the very least, get my booth fee back. I got no response until September 30. Here is her response:

John

At this point I will speak with you after the show. I thought this was settled and thought you might have gone back to Third St. 

Marguerite 

After all my letters and phone calls, I’m not sure how she could have determined that “this was settled.” And, I still did not have a refund for my booth fee. 

Yes, I was a “bad boy” for skimming the rules on Zapp, and missing this one. (who reads them all?) Especially a rule that I had never seen before in all my years doing art fairs. I’m not a lawyer, but the rule may even be somewhat illegal. It stifles competition and may be an anti-trust violation. But what irks me the most is the total disrespect I received as an artist. I felt the Court could have done a much better job of communicating with me. And, after my disqualification, why couldn’t they promptly refund my $550 booth fee? As of this writing, I still have not received it.

Next year I will be applying, again, to 3rd Street and the Court, not because I like the management, but because I have customers in Louisville. What’s the chance of me getting into either one of them after this post?

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Comments

  • Wow.  This being my first year full-timing it, I'm hearing a lot of stories and learning a lot as I go. Who was the managing company for this one?

  • That just sounds so unfair!

  • A bigger question is, what is the reason for that rule (or those rules)???  Do they have that much of a problem with artists trying to set up more than one booth?  If so, maybe that's how the rule should read (one booth per artist, or something along those lines).  Seems like the rules need to at least be re-written to cover a situation like yours.  Hope you get things resolved to your satisfaction!

  • I want a lot more than just a refund on the booth fee. I want them to eliminate the illegal rule, pay me $4000 in damages for lost revenues and give me an automatic entry into next year's Court show. Margue Esrock had a good reputation for fairness in the past. Lets see how she handles this unfair treatment of an artist.

  • We have several lawyers here at AFI, maybe one of them can weigh in on this. 

    Robert, that could be the tiny silver lining for John not getting in.  But, I bet he would feel lots better if they refunded the second booth fee.  There must be some logic that can be used here.  One of my son's is so good with that.  Technically, if he was disqualified from participating in one of the other shows they really don't have the right to keep the booth fee.  The booth fee shouldn't have been sent it and thus they have no reason to keep it. 

    John, let us know if you get your booth fee back.  I think many of us are concerned about this.

  • Given what the weather is like this weekend, you may have dodged a falling boulder. My sister-in-law was walking the show yesterday, and said it was cold, windy, and deserted. I live in Indianapolis, and the wind is terrible today with heavy winter coats needed. This would be 80 pounds per leg tent weight weather. Sorry to hear about you getting the shaft but I suspect sales in Louisville are going to plummet like the temperature.

  • They accepted you after you had already paid a booth fee to a different section so they should let you in, especially since you abided by the rule of not doing two sections the same year. Their system is computerized so they should have known in advance you were accepted and then given a refund. And they never refunded the second booth fee so I would have shown up asking where my space was located.

    Forgot to add, if you told the first show why you were canceling, it was their responsibility to tell you about the rule that would put you in a position of not being able to do another section.

    Larry Berman

  • I thought to the very end that Margue would come through and find me a booth space at the Court show. The rule smacks of collusion between competing entities. And, enforcement of that rule deprived me of pursuing my profession. It deprived me of at least $4000 in sales. The 3rd Street rule has it right. Artists can't participate in more than one art fair. But the Court rule, as stated, is probably illegal. You can't prevent a person from pursuing his livelihood to the best of his ability.

  • I meant I would have, damn auto correct.
  • So sorry John. I wouldn't have missed that rule too:(. Major bummer. I can understand this rule though considering all the different shows running at once.
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