Rapture Electronic Music Festival, always the sucker for punishment apparently, is back and ready for more. Just days after being tossed out of Florida’s Southern District Court, Rapture has filed an Amended Complaint as per the Judge’s Order to file by February 13.
The Judge told Rapture that its original complaint failed to state how Rapture could have standing to sue, since neither application for approval had been approved yet for Ultra or Rapture. Additionally, the Judge warned that the allegations of unlawful conspiracy or anti-competitive arrangements were conclusory and devoid of hard facts.
In its new complaint, Rapture alleges that Ultra, Miami, and Virginia Key Beach Trust have violated Antitrust laws as well as Florida’s Deceptive and Unfair Trade Practices Act. Rapture is seeking that the court declare Ultra’s approval to hold the festival void.
Rapture claims that they had a contract to hold the festival through 2020 in the Virginia Key Beach location, however their attachment which they claim is the “Contract” is really nothing more than a letter of intent at best.
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 (The move to Virginia Key broke in early Nov 2018). They also allege that Ultra was “kicked out” of Bayfront due to loud music, pollution, and garbage while they are endorsed by the Virginia Key Trust.
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.
All in all the allegations concerning conspiracy and antitrust as just as flimsy as before. Rapture claims that Ultra’s main competition was Winter Music Conference, and that Ultra’s purchase of WMC was designed to create a monopoly. They also point out radius clauses as further evidence of this (yet they happen everywhere all the time). Rapture further argues:
“the ridiculousness of allowing the Ultra music festival in such an environmentally friendly location is at least a signal of an antitrust violation and unfair competition”
Rapture further discusses how it is essentially dead in the water as a result of the way things stand now. Attendees demand refunds, DJs no longer want to work with them, and even other events that were planned (Jungle Island?) are now in turmoil. As bystanders we could probably venture to guess that this is Rapture’s own fault. Stay tuned for updates and you can read the full Complaint below.
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