Leaders at The Cynthia Woods Mitchell Pavilion rejected a township official’s proposal to try to censor profane and sexually explicit performances, citing free speech in a statement that was echoed by the township’s attorney on Thursday.
Township Board Member Shelley Sekula Gibbs suggested during Thursday’s meeting that the board find a way to restrict speech during live concerts at the pavilion in the same way the FCC regulates TV and radio broadcasts.
Sekula Gibbs also said the township should create an ad hoc committee to address the issue she said “is not going away” after several residents told the board they are concerned about the lyrics they hear in residential areas adjacent to the pavilion when shows are going on.
Pastor Dan Greer with Community Baptist Church said he has spoken with church members about their concerns during the public comment portion of a township board meeting.
“Some of the bands that are coming in now with incredibly caustic, abusive, graphic and loud language,” Greer said. “I don’t listen to these bands but I read some lyrics that talk about child sex abuse, necrophilia, assassinations and assaults, satanic themes and imagery.”
Sekula-Gibbs said she considered some of of the lyrics heard at the pavilion to be “hate speech,” although she did not offer specifics on which artists or which lyrics she was referring to.
“I dare say if there was a band that cursed Muhammad, or cursed Islam, or cursed Jews or cursed Blacks they would say absolutely not. But because it curses Jesus, and God and Christians, the church and the pope, that’s art,” she said.
Pavilion officials could not be reached for comment on Friday, but provided a statement to the board that was read aloud by Township President and CEO Monique Sharp during the meeting. Censoring artists at the pavilion is not possible, the statement said.
“The pavilion prides itself on presenting a diverse offering of musical genres, including orchestra, country, rock, hip hop, heavy metal, etc. While we understand not all artists appeal to everyone, we do not dictate artistic expression or censor freedom of speech on our stages,” Sharp read from the statement.
[…]
Sekula-Gibbs urged fellow board members to help draft a letter with “great care” asking the pavilion to create guidelines that would mirror the Federal Communications Commission’s rules that ban and restrict different types of explicit content. The FCC is a federal agency that regulates national and international communications by radio, television, wire, satellite and cable.
Bret Strong, legal counsel for the township, said the FCC does not regulate live performances.
“The comment was made, ‘let’s get the pavilion to agree to censor shows to the level of the FCC,’ good luck,” Strong said. “Their statement was pretty clear; they believe in free speech and the First Amendment.”
Strong said the township does have a contract with the pavilion, but not one that applies to content. The township and pavilion also share funds from an event tax established in 2009.
“(The contract) doesn’t address content,” Strong said. “The only thing it addresses is that we will share that event tax a certain way, and 90% of that goes back to them for them to promote culture arts-related activities.”
Strong said that the contract can’t be modified until it expires, and at that time it can be modified with the consent of both sides.
Board member Craig Eissler asked about the legality of a government entity sending a letter to a private entity regarding possible censorship.
“I think any communication from a government to a private entity, which may be considered limiting free speech, has risk,” Strong said.
Following the discussion, Chairman Brad Bailey suggested that the township request a seat on the pavilion board. Fellow board members unanimously agreed.
“We do not have the authority to demand we get a board seat,” Bailey said. “But I think having that conversation and being able to be in the room with the people who are really making the decisions … is very important.”
Yes, that’s legendary one-month member of Congress Shelley Sekula-Gibbs, showing that she’s still got…whatever, something. I will grant these nimrods one small piece of grace, as suggested by this guy on TikTok, which is that there are surely many people living a lot closer to this outdoors music venue than there were when it opened in 1990. I’m sure any lyrics booming into your home after 10 PM on a school night are annoying and obnoxious. But look, the Pavilion was there first. You’re the one that needs to adapt, or move. Beyond that, miss me with these “hate speech” lyrics complaints. If this were 1964 I’m sure these same geniuses would be complaining to the FBI about “Louie, Louie”. Find yourself a noise-abatement strategy or move farther out into the exurbs, I don’t care. Just leave the Pavilion alone.
“the Pavilion was there first”
Case closed. That’s why you scout out the neighborhood before you buy a house.
This is how they destroy our liberty. They make a big stink, then pretend to be settling for a smaller concession to get their foot in the door.
“We demand you censor speech we don’t like!”
“Oh…first amendment?
“Well, how about one harmless little seat on your governing board?”
First they came for the Librarians
And I did not speak out
Because I was not a Librarian
Then they came for the musicians…
Had no idea that Dracula C U Next Tuesday was still kicking around!
In a similar vein, my wife works on water treatment projects and constantly has to deal with odor complaints (during construction/rehab) from locals. And in every case she has to politely point out that the plant was there well before the people moved in.
Also, it would be funny if this caused The Woodlands to finally incorporate and become a real city, where they could establish noise ordinances.