On Thursday The Swamp Tavern's owner, Joe "Mojo" Kaler, updated his Facebook status with this statement: "Just when you thought the music scene in Spokane couldn't get any smaller, the Anti-Christ (aka the landlord at The Swamp Tavern) steps in."
Kaler said his landlord, Joe Crosby, who owns and operates the nearby Sunset Junction, has effectively shut down live music at The Swamp because of a violation in the lease.
Shows were canceled on the spot at The Swamp, located at 1904 W. 5th Ave., and the occupancy has been lowered from 160-plus to 49.
Kaler's claims that his landlord has unfairly silenced live music at The Swamp has sparked some public outcry that is materializing in the form of a protest scheduled for Friday at Sunset Junction, located at 1801 W. Sunset Blvd. Also, a handful of shows at Sunset Junction have been canceled by bands in support of The Swamp. (The protest was canceled after news broke on The Som Show tonight that music is OK at The Swamp.)
But Crosby said he has no problem with live music at the tavern, but rather he is insisting Kaler follow the lease he signed when he took over The Swamp from Crosby in 2007.
It's a matter of safety and following the law, Crosby said.
And while The Swamp's assembly permit is in order with Spokane Fire Department, there are several issues with the Building Department that need to be addressed.
"The lease says they can operate as a tavern. They can have live music as long as they don't exceed 50 people. They can't go over 50 unless they make changes to building. That's decided by square footage, toilets, parking, fire code, (ADA accessibility), lighting and exits. The exits have been addressed, but that's not enough," Crosby said. "They leased the place as a tavern and they're trying to use it as a nightclub."
According to Crosby, The Swamp has repeatedly been over capacity, in addition to other violations. Crosby said he has also caught The Swamp operating food service outside without proper health permits. When a private investigator he hired counted more than 260 people inside The Swamp for the James Pants show on New Year's Eve, that was the last straw.
"My only concern is that I don't want anybody getting hurt and I don't want to get sued," Crosby said. "We have never threatened them. The statement we made to them is that if they have more than 50 people, that's a violation of the lease and we will take them to court."
The drama comes on the heels of a rebranding effort at Sunset Junction, led by a new push for live music at Sunset, which is being handled by Patrick Kendrick's Platform booking agency (The Som Show also co-promotes the weekly Whammy Wednesday DJ showcase at Sunset), leaving some to speculate that Crosby is attempting to quash music at The Swamp in order to ensure the success of live music at Sunset. Crosby denies any malicious intent.
"People are saying we're trying to shut them down, that's far from the truth. I don't want to be the only grocery store on the street. If he's got a 100 people and I've got a 100 people, they're going to go back and forth to both places," Crosby said. "But he has to follow the same rules as the rest of us."
Kendrick said he was surprised when he heard rumors of the demise of live music at The Swamp.
Kaler said the lowered capacity will be a huge hit to his business and that he is considering relocating The Swamp.
"(Crosby) has been harassing me ever since I've been running the joint," Kaler said.
Supporters of The Swamp were planning to protest the issue with a demonstration on Friday at 3 p.m. outside of Sunset Junction, 1801 W. Sunset Blvd.
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