Concert Promoter Agrees To Limit Audiences To 400

After striking a backroom agreement with Cocolalla concert promoter Lester Kuty, Bonner County officials agreed to drop their request for a court order prohibiting the country shows. Kuty and county officials have butted heads for weeks over concert plans that originally included performers Ricky Skaggs, Sam “Soul Man” Moore and Willie Nelson, all of whom have since canceled.

The detente Tuesday afternoon was quick and simple.

All it took was Kuty’s word in the court record that there won’t be more than 400 people at his 100-acre Cocolalla ranch on the concert dates.

But now that the show may go on, Kuty claims a successful concert may be impossible, given the damage done by negative publicity.

“You can’t recover and the damage is done. Once you let the genie out of the bottle you can’t get it back in.”

While this weekend’s planned kickoff shows are off, Kuty and his wife are still considering going ahead with the three additional August dates.

They are also considering filing a libel suit against the county, Kuty said after the hearing.

Tuesday, the Bonner County courtroom was filled with dozens of Sandpoint residents Kuty subpoenaed to testify at a hearing over the county’s request for a concert-blocking injunction.

Representing himself, Kuty gulped water, frequently withdrew and rephrased questions, and occasionally asked the judge for help.

During a recess, Kuty summoned the county’s civil attorney, John Topp, into the judge’s chambers. “John, I’ve got an idea how we can solve this,” he said, motioning Topp to follow.

When the hearing resumed about 10 minutes later, Topp told First District Judge James Michaud the county would dismiss its case if Kuty would promise - on the record - that he won’t sell more than 400 tickets or allow more than 400 people into the concerts.

Topp said afterward it was the first time Kuty’s agreed to limit the concert crowds.

If more than 400 people showed up, a special use permit is required.

“He has always just said, ‘I don’t expect more than 400,”’ Topp said.

On the witness stand, county Planning Director Marty Taylor said he requested a written description of the event, which Kuty never provided.

“I’m disappointed that so much time was expended by all sides when in fact there really wasn’t any disagreement. They just didn’t take my word for it,” Kuty said later. “Their job is not to determine what they think someone is really going to do.”

Kuty’s performance in court tested the judge’s patience several times.

The hearing began with Kuty’s assertion that Michaud shouldn’t hear the case because Kuty served him court papers to testify in his defense. Michaud promptly quashed that subpoena.

Then, when Kuty said he had documents to present into evidence, Michaud told him he must first pay the $47 filing fee.

Kuty didn’t have the $47 on him and asked if Michaud would take a credit card. Michaud then called for a five-minute recess and gave Kuty directions to the automatic teller machine down the street. At that point, a friend of Kuty’s in the courtroom anted up the money.

“Excuse me you honor, we have the $47. We took up a collection,” Kuty said with a smile.

Kuty had only called two witnesses before the deal was struck.

, DataTimes ILLUSTRATION: Color Photo