By Joyce Kryszak
http://stream.publicbroadcasting.net/production/mp3/wbfo/local-wbfo-919281.mp3
Olean, NY – The troubles continue for a summer stock theatre festival in Olean that shut down suddenly halfway through the season.
With three shows remaining in the season, the doors to the theatre in Olean suddenly closed earlier this month. A statement posted on the web site for the Twin Tiers Theatre Festival cited "financial considerations."
New York City actress Emily Bennett said that's an understatement.
"They had written me two bad checks. They then gave me a third, which also bounced. And they still owe me about $500 dollars, as well as bank fees that I incurred such as overdraft fees, bounced check fees, and fees for wire transfers for the payment that I did actually get," said Bennett.
"So, yeah, it's just been kind of a nightmare."
WBFO was contacted by several other actors and stage crew who were hired to work on various Twin Tiers productions. All said the have either received bounced checks, were not paid at all, or received only partial payments for their work. Some said they were stranded in Olean without money for food or transportation back to their homes out of town.
That is when the National Actors Equity Union stepped in. Nick Wyman is president for Equity. He said after their efforts failed to secure a $57,000 bond to guarantee pay and pay back the actors, Equity pulled its members. That effectively shut down the festival.
"They didn't have the money to pay the folks that they hired. They should have acknowledged that...and not hired people they couldn't afford to pay," said Wyman. "It was at least misfeasance, if not malfeasance. And at this point I don't think Equity was in a mood, having been misled by him, to play ball."
The "him" Wyman is referring to is Rohit Kapoor. He is co-founder of the festival. Wyman and others say Kapoor is largely, if not solely to blame.
Equity placed Kapoor on its "Default Producers" list. Wyman said that bans Kapoor from working with any Equity members until all festival union members are paid and their contracts honored.
Kapoor said the entire situation is being over dramatized.
"This is just silly. I think everyone is trying to sensationalize a situation that is not good, of course, but ceratinly not as mysterious and scam-like as everyone would like it to be," said Kapoor. "As we said before a hundred times, better management should have been in place and will be in place.
"That's really the issue. The issue is not any sort of fraud or anything of that sort."
This is not the first time Kapoor has left a trail of accusations. In the early 2000's Kapoor was involved with the failed management of the Tralfalmadore jazz club in Buffalo, and another controversial deal in Niagara Falls.
Now, about a dozen of the actors and crew for the Twin Tiers Theatre Festival have formed a group and say they are going to sue. They have consulted attorneys and are weighing a class action lawsuit against Kapoor and the festival as an organization.
At least one individual suit is being filed. Adam Hyland said he lives in New York City and could not even pay his rent because he has not seen a dime of his pay.
"I'm a non-union actor so, unfortunately, I don't have Equity protecting me. And if Rohit is promising to pay everyone back after all the fundraising efforst and the extension of the festival I certainly will be the last person to see any money because he's going to be paying off union people first," said Hyland.
"That being said, I'm doubtful whether that will even happen - I don't know how he's going to get the money, but I certainly can't wait."
Hyland said Volunteer Lawyers for the Arts have agreed to take his case. The festival's co-producer Amy Kyzer said they're doing everything they can to make sure that does not happen.
"We've emailed everyone and given them a time-frame of when they can realistically get paid," said Kyzer. "If some people are going to proceed with that, that's their choice. We're not looking forward to it. But should it happen, we'll deal with it as it comes."
Kyzer said they are trying to salvage the festival. She said they are working with community leaders in Olean who continue to be very supportive. Kyzer and Kapoor are planning non-equity productions to raise the roughly $40,000 Kapoor said is currently owed to actors and vendors. Kyszer and Kapoor said they also are putting together a board of directors and hiring an accountant to over see management of the festival going forward.