RHPS Horror Story:I have done RHPS so many times that I thought I had seen it all... Then this happened...
The Oakland Tribune www.oaklandtribune-ang.com
February 26, 2001
Rocky Horror Show spat in San Leandro stirs emotions
By Jeff Chorney and Liz Hamilton
STAFF WRITERS
SAN LEANDRO -- No one danced the "time-warp" in the aisles of the Bal Theatre during a recent midnight run of "The Rocky Horror Picture Show."
Although the dance is an essential part of watching the cult movie classic, the more than 80 audience members who turned out for what could be one of the last San Leandro showings of the film stayed in their seats.
A ban on dancing is one of the new rules enacted by 26-year-old theater operator Brady Ferguson. He was arrested Feb. 9 after undercover police officers reported seeing underage drinking and lewd sexual behavior at a January performance, which they shut down. He is scheduled to appear in court next month on the misdemeanor charges.
Ferguson's arrest has sparked a debate: Is the cult movie simply too wild for San Leandro, or did the young entrepreneur encourage illegal activities?
Fans and cast members from around the state have bombarded the newspapers with e-mail letters defending Brady and the show. Other e-mails say the theater manager clearly went too far.
"The show is based on audience participation. Without it, it defeats the whole purpose of Rocky Horror," said David Murdock, who has been attending showings of the film for 20 years.
During a showing Feb. 16, the week after Ferguson's arrest, Murdock and others got involved as much as they could, waving their arms in the air and screaming the lyrics "Let's do the time-warp again" at the top of their lungs instead of dancing.
Showing movies at midnight and allowing dancing go against the permit the city issued to Ferguson, San Leandro city officials said.
But Ferguson's new rules, including a no-alcohol policy, might not be enough to keep the theater in business.
The city has already moved to revoke Ferguson's license, which would shut down the theater. Last week, Ferguson and the Police Department squared off in front of finance director Tim Hansen, who said he will decide by Wednesday whether to revoke the license.
"When there are things going on that are potentially detrimental to citizens of the community, we evaluate whether the business should be in business," Hansen said.
Ferguson said he wishes the city had tried friendly discussion before it moved to shut him down. He and his girlfriend have invested $15,000 in the 55-year-old Bal since taking it over last summer.
"It's very frustrating. I think that we could have accomplished a whole lot more if we had sat down at a big table and talked," Ferguson said.
"Rocky Horror" is a legendary cheesy 1975 movie shown throughout the country at midnight events that feature live casts dressed as movie characters performing along with the movie. Audience members also dress up.
Before the movie starts, an emcee calls for those audience members who have never attended a production before; these "virgins" are brought on stage. During the movie, the audience shouts lines at the film, dances on cue and throws objects in the theater.
It was during the pre-show that Ferguson is accused of taking things too far. Police say he encouraged moviegoers to expose themselves and have sex, and even put his mouth on a 15-year-old girl's breast.
Several fans said via e-mail that the accusations are blown out of proportion, that Ferguson's actions as emcee were a normal part of a risque show.
During the Feb. 16 performance, the "virgins" tried to put a condom on a flipper and a skull. The group that kept the condom in one piece were declared winners.
"I don't mind (this atmosphere) at all," said Raul Medina, a 19-year-old Hayward resident who attended that show. "This is a place where I can come and open up and it doesn't bother anybody, plus I feel safe here."
Other teens agreed, saying that in the six months since Ferguson reopened the Bal, it has been a safe place to go on Friday nights.
The city and police have a different view.
Besides the criminal case, Ferguson is accused of violating zoning codes and city law by showing the movie, finance director Hansen said.
For one thing, Ferguson shows the movie after midnight, which he did not tell the city he planned to do when he applied for the license. Even more damaging, according to San Leandro police Lt. Ian Willis, is Ferguson's blase attitude about checking IDs. The movie is rated "R," which means it's recommended for people 17 and older.
Ferguson pointed out that "R" is only a recommendation. Plus, he said, Rocky Horror was "very tame" and likely would be PG-13 if rated today.
The city has held only one other business license revocation hearing in the past 31/2 years.
During the nearly two-hour meeting with the finance director, Ferguson told Hansen he would be willing to work with the city to continue operating out of the Bal. Hansen said he was considering everything discussed at the meeting, including Ferguson's compromise offer.
"I think it would be a tragedy to close the theater and lose the benefit of the theater," said David Newacheck, Ferguson's lawyer.
Newacheck said Ferguson's application did not prohibit him from showing movies at midnight or later. "Business owners need to be concerned about (Ferguson's case)," Newacheck said. "The city didn't give me any indication of what rules or changes would satisfy them. There should be a warning ... built in before they start the revocation."
Pitching it as "Your Hometown Movie Theatre," Ferguson has made an effort to be involved with the San Leandro community. The theater is used for live performances, including shows by the San Leandro Community Theater. Ferguson also donates ticket sales to local nonprofits and shows movies with captions for deaf and hearing-impaired people.
Ferguson is a member of the Chamber of Commerce and has been active with a recently revived south San Leandro business group, said Tom Guarino, chamber chief executive officer. Guarino said revoking the business license would be "overreacting." "To shut down the entire theater would be very detrimental to the neighborhood," Guarino said.
If Hansen decides to revoke the business license, Ferguson has five days to shut down and 10 days to appeal to the City Council. The council then could agree to hear the case or appoint a different hearing officer, Hansen said. Ferguson said he would appeal.
The theatre closed soon afterward and has since been reopened with new management... and NO I never projected there, though I have consulted on some tech matters soon after this disaster occurred.
Be careful what you do for RHPS preshows!! 
-Aaron
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posted 05-30-2002 11:26 PM
Especially in a theatre that permits toast and rice!
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