The band says OSU tried to withhold payment for breach of contract

By KYLE ODEGARD

Gazette-Times reporter

Oregon State University tried to withhold a $12,500 payment to Flat Tail Festival headliner Shwayze, citing that the band broke its contract by not playing a PG-13 show Saturday night at the Memorial Union Quad on campus, said Cisco Adler, a member of the rock and rap group.

"Did they not listen to our songs before they booked us?" Adler asked, in an e-mail to the Gazette-Times on Monday.

Oregon State Police stopped Shwayze's Saturday night set early because the band was breaking its contract with the university and the state of Oregon by reportedly swearing profusely, encouraging unsafe behavior such as crowd-surfing and soliciting marijuana from the audience - reportedly with some success.

"Our tour manager told them that if they want to talk about a breach of contract, that they were in breach twice for not having A-level sound and production staff and for not having adequate security to control the crowd, in turn putting us and the kids in danger," Adler wrote. "They gladly handed over the check," he added.

Joyce Fred, OSU risk officer, said the university had considered withholding payment to the band. University officials plan to talk about the show today to determine whether changes need to be made for future events.

"We always have debrief meetings for any major events on campus," Fred said. She didn't think the Flat Tail Festival was unsafe, but said state police took a proactive approach in shutting down the show.

Corvallis Fire Department took one overly intoxicated woman from the event to the hospital, said Todd Simmons, OSU associate vice president of university advancement. Several people were cited for public urination at the festival, as well, according to Corvallis Police Department logs.

Lt. Jeff Lanz of Oregon State Police said Shwayze repeatedly criticized the sound system.

Adler joked that OSU hired "deaf monkeys" to monitor the sound. "We spent the majority of the first few songs trying to wake the sound guys up so that we could actually hear ourselves and not blow our voices," Adler wrote. "OSU should be ashamed of themselves for not being prepared and in the end trying to withhold our payment," he continued.

There were about 600 people at the tail end of the Flat Tail Festival, which started at 4 p.m. and included a Battle of the Bands. Shortly before Shwayze was cut off, Corvallis Police Department arrested an OSU student at the festival and charged him with carrying an improvised explosive device.

This was the second concert by a nationally known act to end poorly in two weeks in Corvallis, and both were tied to OSU.

On May 16, Grammy-nominated rap group Nappy Roots played a benefit street party show just off campus. The event was organized by fraternity Pi Kappa Phi. Sound problems plagued the performance from the start, upsetting the large crowd, and the group quickly stopped the show because people were throwing items on stage.

Kyle Odegard covers Oregon State University. He can be contacted at kyle.odegard@lee.net or 758-9523.