Ultra Asks to Intervene in Legal Battle Over Concert Contract

Workers lower segments of barriers along the Rickenbacker Causeway, March 13, 2019 in preparation for the Ultra Music Festival. Key News/Tony Winton

Lawyers for the Ultra Music Festival demanded on Wednesday to be heard in a challenge to the City of Miami’s $2 million deal approving the controversial March 29 concert on Virginia Key.  Ultra was initially not included as a party to a lawsuit filed earlier this month by Brickell Homeowners Association against the City. But the Event Entertainment Group, which produces the Ultra concert, filed a motion insisting that its interests are at stake and therefore it must be included.  The Homeowners group says the concert agreement does not comply with competitive bidding requirements and is asking a judge to declare the contract “null and void.”

“Plaintiffs are asking the Court to enter a final judgment relating to the legality of the license through which EEG is producing a festival that begins in 17 days, and will draw to our community artists and ticket-purchasers from around the world,” the motion says. “EEG must be made a party to this action because its interests will be affected by the declaration sought by Plaintiffs.” EEG attorney Scott Ponce was not immediately available for comment.

The Association’s attorney, David Winker, wrote in court papers that EEG is not entitled to status as a party because the question for the court is whether the concert contract is a valid license. The Association claims the concert contract is actually a different type of contract – a lease – that would require competitive bidding under Miami’s City Charter.

Circuit Court Judge Rodolfo Ruiz will hear the request for the injunction at a hearing Friday. The Village of Key Biscayne is unlikely to intervene, said Mayor Mike Davey.  “Our lawyers are watching, but we have no concrete plans to get involved,” Davey said, noting it’s not clear whether the Village has legal standing to participate in the contract dispute.

The legal dispute comes as Miami-Dade County officials continue to review Ultra’s traffic management plan before granting a permit for the concert, which is expected to bring 60,000 attendees a day to Virginia Key. Davey said Wednesday that so far, the traffic plan has not been approved and that Village officials continue to work diligently to prepare for the three-day event. On Wednesday, work crews started erecting road barriers and temporary walkways along the Rickenbacker Causeway.