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Banned from a club

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jdawg83

Member
What is the name of your state (only U.S. law)? AZ


I am a stand up comedian who has worked multiple clubs in multiple states in the 7 years that I have been doing stand up comedy. Being a stand up comedian, I am an independent contractor. As an Independent Contractor I have the right to work for whomever I want whenever I want. I did a show In Phoenix, AZ this past Saturday, then on my way to another city a comedian called me because she had a fall out and wanted me to feature for her, so I stopped and did another gig in Oro Valley, AZ. Tonight I arrived at another club and was banned from the club, not because of anything I did to the club or anything detrimental to the club, but because the comedian that called me to do the show in Oro Valley was banned from that club, and because I "worked" for her I am no longer allowed to work there.

My question is doesn't that infringe on my freedom of association and furthermore my right as an independent contractor to work for whom ever I want to. My opinion is that if they don't have the right to dictate who I work for as long as I do nothing to infringe on them. Furthermore I did not advertise in media or in their club that I was doing that show, they just banned me from being able to work there because I worked for another banned comedian.
 


racer72

Senior Member
Just as you can choose who you work for, the club owners can choose who works for them. I know someone that does stand up as a hobby and according to him blacklisting is common. He has been blacklisted from some of the Indian casinos because some of his routine pokes fun at Native Americans. He is NA himself.
 

ErinGoBragh

Senior Member
What is the name of your state (only U.S. law)? AZ


I am a stand up comedian who has worked multiple clubs in multiple states in the 7 years that I have been doing stand up comedy. Being a stand up comedian, I am an independent contractor. As an Independent Contractor I have the right to work for whomever I want whenever I want. I did a show In Phoenix, AZ this past Saturday, then on my way to another city a comedian called me because she had a fall out and wanted me to feature for her, so I stopped and did another gig in Oro Valley, AZ. Tonight I arrived at another club and was banned from the club, not because of anything I did to the club or anything detrimental to the club, but because the comedian that called me to do the show in Oro Valley was banned from that club, and because I "worked" for her I am no longer allowed to work there.

My question is doesn't that infringe on my freedom of association and furthermore my right as an independent contractor to work for whom ever I want to. My opinion is that if they don't have the right to dictate who I work for as long as I do nothing to infringe on them. Furthermore I did not advertise in media or in their club that I was doing that show, they just banned me from being able to work there because I worked for another banned comedian.
What you speak of is common and legally acceptable. Unfortunately, blacklists are a very real thing. I suggest you try to be more wary of who you're dealing with in the future, but what you talk about is particulary relevant to comedy.
 

jdawg83

Member
I totally agree that Blacklisting someone is something that happens all the time. In the years i have been performing I have seen it happen for a number of reasons...comics being too drunk on stage, destroying or tearing up condos that the club provides for lodging while your booked at the club, getting in fights or arguments with the club owners or staff.

However I have never seen it simply for associating with someone they do not like. Just because you don't like someone doesn't mean that I can't. I have/had a good reputation with the club, they allowed me to shoot my first comedy DVD there, and I play that club 4 to 5 times a year because its so close to where I live. So just because "Sara" calls me and says "hey I had a fall out will you help me so I don't have to cancel my show" and I agree to help her because she and I are both from Dallas and have known each other for years, all of a sudden the club is mad at me for helping Sara after they kicked her out. Its not about competition because they aren't in the same city, its strictly because they don't like Sara. I called the club owner again today and he said that if I hadn't of done the show that he would have no problem with me working his club, but I didn't even know she was banned until someone else told me and IMHO it shouldn't even matter because I should be able to work anywhere I want with whoever I want.
 

Zigner

Senior Member, Non-Attorney
...I should be able to work anywhere I want with whoever I want.
What in the WORLD gives you THAT idea?

You think YOU should have freedom to decide where and with whom to work, but you don't allow the owners of the clubs the same freedom? :rolleyes:
 

jdawg83

Member
I think its my fault for causing an ambiguity in what im saying....im not saying I can go and forcefully work any place I want and do whatever I want to do

I am saying, if I choose to take an offer to work a venue, that is my right as an independent contractor, and because I am not this club's "employee" they shouldn't tell me or have the right to exercise some type of exclusivity over me to tell me that I am not allowed to work for someone else. Who I choose to associate with and work for outside of a particular club is my right, and as long as it is not detrimental to that club, I don't see what the problem is.

Let me be a little more specific. A comedian was banned from the club about 3 months ago (I didn't know because I haven't worked that club in about 5 months). She called me and said, "Hey Im doing a show and I lost a comic can you fill, ill pay you $120 to do a 30 minute set"...I said "alright its on my way anyways Ill do it"...so she pulled my headshot and created a new flyer. I did the show got paid and was on my way to the next club and the club owner heard from another comic that I did the show and showed him the flyer. When I get to the club the club owner says "Hey, I heard you did a show with "Sara", did you know she was banned from the club?"...i said "No, but why does it matter if she is banned or not what does that have to do with me", and he said "well I have a problem with "Sara" and because you worked for "Sara" your not allowed to work here anymore"...and I said "are you serious I've been working here for 2 years"...and he said "Sara is not welcome here and now neither are you" and we shook hands and parted ways. I'm not interested in suing the club, my question is doesn't that seem to infringe on my rights as an independent contractor and my right to assemble with others.
 

LeeHarveyBlotto

Senior Member
You have the right to assemble with anyone you choose. You don't have a right for that assembly to be free of consequence. I have the right to call my boss a miserable SOB. Does he just have to take it, or am I out on the street if I exercise my right of free speech?
 

jdawg83

Member
Lee...in your described situation it would be correct for a supervisor or manager to term you because of your "exercising your freedom of speech"

However my situation does not conform to the metaphor, I was not banned for what I said, or what I did to him, I was banned for helping a fellow comic do a show in a different city. How does that concern him, it didn't draw business away from his club, and other comics that I know that do shows even in the same city as this club doesn't get banned from the club as long as they do not advertise the show to draw customers away from the club. The ONLY reason I was banned was because he doesn't like "Sara"....so your telling me that because he doesn't like Sara I can't like Sara...thats BS
 

seniorjudge

Senior Member
Your post has nothing to do with freedom of speech or freedom of association or anything remotely related to the First Amendment.
 

Zigner

Senior Member, Non-Attorney
What's BS is you actually believing you have the RIGHT to work anywhere YOU choose.
 

jdawg83

Member
I agree with you its like anything else...you have female friends, you get married, if your wife doesn't like your female friends, you can't either.

I just think its trivial and petty, you have no problem with me working at competitive clubs in the area, but you have a problem with me working with someone who you have a problem with in another city that doesn't affect you, I think its crazy.

Its not that big of a deal...im just shocked because in the 7 years I've done this...I have never heard from any other working comics/road comics or personally witnessed anything like this, and just analyzing the situation it seems like he's exercising exclusivity over the situation.
 

seniorjudge

Senior Member
I agree with you its like anything else...you have female friends, you get married, if your wife doesn't like your female friends, you can't either.

I just think its trivial and petty, you have no problem with me working at competitive clubs in the area, but you have a problem with me working with someone who you have a problem with in another city that doesn't affect you, I think its crazy.

Its not that big of a deal...im just shocked because in the 7 years I've done this...I have never heard from any other working comics/road comics or personally witnessed anything like this, and just analyzing the situation it seems like he's exercising exclusivity over the situation.
Sounds like something you could work into a routine.
 

jdawg83

Member
to Zinger

I would also have to respectfully disagree with you. I have read many of your and Senior Judges postings and some of them are informative and interesting, and some of them are comical, but never the less, the whole point of being an Independent Contractor, is being allowed to operate Independently, if you restrict my right to work somewhere or for someone I am no longer Independent.

I am not saying I can just show up at some random club and demand to work the club. Most comedy clubs have an open door policy to a comic once they have at least Hosted there before, this club in particular has allowed me to do Hosting sets, guest sets, and has even allowed me to shoot my DVD there. They are mad at me simply because I helped out a comic that they don't like, and that's where my argument of "I should be able to work where ever I want, whenever I want" comes from, not from a sense of arrogance, but because I am an Independent Contractor and not their employee.

It only makes sense that someone working for Coke cant go work part time at Pepsi, that's an employee and they don't have the right to go work for Pepsi if they want, because of exclusivity.
 

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