It’s ‘déjà vu’ for Float Fest and lawsuits

Float Fest organizers have filed a lawsuit to appeal the Guadalupe County Commissioners Court’s decision to deny a permit for the event.

Guadalupe County court records show that Current Events LLC, doing business as Float Fest, filed a petition in the 25th District Court in Guadalupe County on Feb. 6.

The filing is a replay of last year, when the Guadalupe County commissioners denied the permit and festival organizers filed a petition in district court. The county settled, granting a permit for 20,000 people per day — fewer than the 30,000 people per day organizers originally requested.

Citing concerns about traffic and the portion of state law governing mass gatherings that prohibits “substantial danger of congestion and the disruption of other lawful activities,” the commissioners voted 3-2 on Jan. 24 to deny the permit. On Jan. 26, Float Fest reposted on its Facebook page a post from music festival news social media account The Festive Owl that read, “Although the initial FLOAT FEST permit was denied as in previous years...sources tell TFO they expect to have the issue resolved once again, soon.”

In the petition, Float Fest organizers say the commissioners’ decision “is in violation of statute, is not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole, and is arbitrary, capricious, and/or characterized by abuse of discretion or unwarranted exercise of discretion.” 

The plaintiff also argues that the festival will “suffer irreparable harm” if it cannot sell, promote and/or present 2019 Float Fest, including the loss of a minimum of $2,287,540 in net revenues. The petition states that festival organizers can’t promote the festival, sell tickets or enter into binding contracts with performers without a permit. 

Float Fest is asking the court to issue a temporary restraining order and temporary injunction while the case is pending and to reverse the commissioners’ decision and grant a permit for 25,000 attendees daily. The festival organizers are also asking the court for “all other relief, both special and general, in law and in equity, to which it may show itself justly entitled.”

Today’s Guadalupe County Commissioners Court agenda includes a closed session item for “Consultation with attorney regarding pending litigation. Cause No.: 19-0290-CV-C Current Events, LLC d/b/a Float Fest vs. Guadalupe County Commissioners Court.”

If the festival permit is granted, Float Fest is scheduled for July 20-21 at Cool River Ranch, located in Guadalupe County on the banks of the San Marcos River. Last year’s lineup included Tame Impala and Snoop Dogg.  

A report from Angelou Economics released in January stated that Float Fest generated $12.3 million for “San Marcos and the surrounding region” last year. The festival created the equivalent of 119 full-time jobs, according to the study. The state collected more than $620,000 in sales tax revenues, with $49,500 going to Guadalupe County, as a result of Float Fest, the study said. During the Jan. 24 hearing on Float Fest, Guadalupe County Judge Kyle Kutscher questioned the study, particularly the amount of funds going to Guadalupe County. Residents of Caldwell County, just across the river from where Float Fest takes place, noted that the study only included Travis, Hays and Guadalupe counties — not Caldwell County or Martindale.