Michaels and Last Child Production Inc. filed suit against concert promoter Mike Banks and Aloha Events on Monday in U.S. District Court in New York, according to New York’s WSYR-TV.
The suit accuses Banks of “breaching his contract and exposing him to public contempt and ridicule with allegedly defamatory statements about his schedule,” according to E! Online.
The concert was set to take place Aug. 5 at the Regional Market in Syracuse, N.Y.
Usually the deposit is collected far in advance but guitarist Pete Evick told WSYR they extended the deadline until Wednesday at 9 p.m.
Although Michaels hadn’t received the full amount of a 10 percent deposit or any of a second 40 percent deposit by Wednesday evening, he and his crew still showed up the morning of the show.
When the tour buses showed up at the site, they were surprised to find nothing was ready for the show.
“There’s no stage, no sound, no lights,” Michaels' tour manager told WSYR. “It’s very unusual.”
Banks claims he canceled the show because of low ticket sales.
“I tried to postpone it to save embarrassment for Mr. Michaels,” he said.
The promoter said he didn’t pay Michaels’ full deposit because an investor fell through at the last minute.
“Unfortunately some of those funds had to be used for other expenses, rent, security, beverages.”
Geno Elemos, who runs the CNY Regional Market, told WSYR that Banks’ excuse doesn’t hold up.
“What rent? He didn’t even pay us for Bret Michaels yet. He still owes us money from last year.”
Michaels was also not pleased with Banks’ excuses.
“You don't just go: ‘Hey I don't feel like paying anybody.’ I think with a guy like Mike, he bit off more than he could chew,” the singer said.
E! Online notes that Banks had another excuse up his sleeve. According to the court document, the show’s organizers tried to blame Michaels’ appearance on NBC’s “America’s Got Talent” for the show’s cancellation. The explanation doesn’t make sense because the Poison singer had already taped the TV appearance prior to the gig.
The lawsuit’s first court date is set for Dec. 16.
WSYR says it’s “very unlikely” that ticketholders will receive refunds and advises fans wishing to file a complaint against Banks or Aloha Events to contact the Attorney General’s office.
Click here for the WSYR story.
Click here for the E! Online story.