Rapture Fest clings for life, files amended complaint to overturn Ultra-favored ruling
It looks as though Rapture Festival is “dead in the water.” But you’ve got to give organizers credit because they’re doing everything to cling on for dear life. Even going as far as to pass off a letterhead endorsement as an official contract from Virginia Key Beach Park.
The judge ruled that Rapture’s original complaint failed to state how Rapture could have grounds to sue Ultra, considering neither application for approval had been approved yet. Additionally, the judge said Rapture’s allegations of unlawful conspiracy or anti-trust with the city of Miami were completely devoid of hard facts.
In their updated complaint, Rapture alleges that Ultra, the City of Miami, and Virginia Key Beach Trust have violated Anti-trust laws as well as Florida’s Deceptive and Unfair Trade Practices Act. Rapture is seeking for the court to declare Ultra’s approval null and void.
The following outlines Rapture’s amended claims:
- Rapture claims that they had a contract to hold the festival through 2020 on Virginia Key Beach. However, the attached “contract” they provide as evidence is nothing more than an informal letter of intent (see below).
- Rapture alleges that they submitted their application for the 2019 festival on March 11, 2018 and paid its application fee and deposit ($50) in October 2018. Whereas Ultra didn’t announce their move to Virginia Key broke in early Nov 2018.
- Rapture argues that Ultra was booted from Bayfront due to loud music, pollution, and garbage. So a Virginia Key Trust endorsement is unlawful considering the organization should be committed to preserving the environment.
- Rapture alleges that Ultra and the City of Miami conspired to kick Rapture out and let Ultra take its place. Rapture has been told by the City of Miami to pick up its deposit and inform the city if the festival has new dates or a new location.
- Rapture claims that Ultra’s main competition was Winter Music Conference, and that Ultra’s purchase of WMC was designed to create a monopoly.
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