======================================================================= ______ _ __ _ __ / ____/___ ___________(_)___ ____ _/ /_(_)___ ____ / / / /_ / __ `/ ___/ ___/ / __ \/ __ `/ __/ / __ \/ __ \/ / / __/ / /_/ (__ ) /__ / / / / /_/ / /_/ / /_/ / / / /_/ /_/ \__,_/____/\___/_/_/ /_/\__,_/\__/_/\____/_/ /_(_) T h e U n o f f i c i a l C i r q u e d u S o l e i l N e w s l e t t e r ------------------------------------------------------------ E X P A N D E D I S S U E ------------------------------------------------------------ ======================================================================= Issue #33e "I would have wanted to rend my soul" May 2004 ======================================================================= We're off and running again! There's so much going on behind-the-scenes I wish I knew where to start this month. With CirqueCon 2004 quickly approaching and all the speculation surrounding the MGM 2004 show (will it debut on time, what is its name?, etc), it's hard to gather and keep your wits about you. Though I can say the MGM 2004 show is still having difficulties and will slip its summer debut date. As for the show's name, I can tell you "KOTO", which was speculated about on the CirqueClub forums is not the show's working-title. A working title has been selected; however, the actual production name will be released later this month through a press conference at the MGM Grand. Stay Tuned! Information regarding Alegría's second tour of Japan has just been added to the Itinerary within. Currently the production is scheduled to follow the same route as Quidam did, performing in the same "New Fuji Bigtop". There also has been some speculation regarding major changes to the show for Japan. Such as, the inclusion of a new FastTrack, which reportedly will be quite similar to La Nouba's PowerTrack (complete with wall); the reintroduction of an Aerial Cube act, which fans may remember was originally part of the show (performed to the song "Ibis" on the soundtrack); a Fire Duo, instead of a Fire Solo act; and Slackwire and a Super High Bar act. You know, the accolades keep pouring in for Guy Laliberte, founder and CEO of Cirque du Soleil. Not only has Mr. Laliberte been bestowed the Order of Canada and become a member of the World's Billionaire Club; he's made Time Magazine's "World's 100 most influential people" list under the Aritsts and Entertainers category. Wow, this has been a spectacular year for him; it's sure is good to be Guy Laliberte! Also, the Anniversary issue of Z!nk, a New York-based fashion and art magazine, that we alerted readers to in our March issue featuring a two-day photo shoot spread of Cirque du Soleil performers, has hit select newsstands throughout the United States. The issue features approximately 80 pages of photos and text with celebrities and Cirque du Soleil performers from various Cirque productions. If you have the opportunity we recommend you pick up this issue of Z!nk today! For you this month we have a great array of information to share with you; from information pertaining to the upcoming CirqueCon, to dissections of two recent court cases involving Cirque: The Cusick Case and the "Cirque" Name Lawsuit. Oh, and a story about little surprise that turned up on eBay one day. All that, and more! We hope you enjoy this issue of Fascination! /// EXPANDED ISSUE: In this issue we have two news stories that have been expanded: "Joey Arias in Print" (about his new book) and one on Sarah Harding, former Stanford All-American gymnast, was awarded the title of Ms. Fitness USA for 2004. You'll find them in the CIRQUE BUZZ section with "[EXPANDED]" in their titles. /// - Ricky =========== CONTENTS =========== * Cirque Buzz -- News, Rumours & Sightings * CRQ-TV -- Cirque on Television * CRQ.NET -- Cirque du Soleil Online * Itinéraire -- Tour/Show Information * Didyaknow? -- Facts About Cirque * Le Spectacle: "CirqueCon Vancouver 2004 Just Days Away!" By: Keith Johnson - Seattle, Washington (USA) * Behind the Curtain: "Let the Buyer Beware - Cirque on eBay" By: Ricky Russo - Orlando, Florida (USA) * The Cirque Connection: "Cirque Settles With Matthew Cusick" By: Keith Johnson - Seattle, Washington (USA) * Beyond the Bigtop: "Cirque Can't Trademark 'Cirque'" By: Keith Johnson - Seattle, Washingon (USA) * Special Engagement: "Cusick Conciliation Agreement Legalese" Special Reprint * Parting Quote * Subscription Information * Copyright & Disclaimer ======================================================================= CIRQUE BUZZ -- NEWS, RUMOURS & SIGHTINGS ======================================================================= Fire Within Coming to DVD! -------------------------- Fans, Cirque du Soleil has heard your cries -- Fire Within is coming to DVD! The when's, where's and how's of the 13-episode behind-the-scenes documentary series' release has not yet been confirmed; however, Cirque has taken the step of bringing the "cast" back together for a reunion dinner. The gathering will be filmed and made part of the DVD's special features. What's more, they're asking Cirque fans to submit questions to be asked! Check out < http://www.cirquedusoleil.com/CirqueDuSoleil/ en/activity/firewithin/question > and submit your question. [Source: Cirque Club; Keith Johnson, Ricky Russo] Cirque on Tonight in Vegas -------------------------- Well, not tonight, but soon. Jay Leno will be bringing The Tonight Show to Las Vegas (broadcasting from Paris Las Vegas) for the week starting Monday, May 10. And on the Thursday, May 13 broadcast (11:35pm or so on NBC, check your local listings), he'll feature Cirque du Soleil along with Billy Crystal. Set your VCR's! [Source: Timothy McDarrah, Las Vegas Sun; Keith Johnson] Erik Karol Returns! ------------------- It's been all over the fandom -- Erik Karol, a wonderful counter-tenor singer, is returning to Dralion! Erik Karol filled the role as the male singer from the show's beginning in April 1999 to late 2000 (in Atlanta), before leaving to persue solo interests. He performed 650 shows across North America throughout his tenure, and was also featured on the filmed version of the production. Information released through his website (< www.erik-karol.com>) details the news of his return: "It is our great pleasure to announce that Erik will be returning to Cirque du Soleil's Dralion in Europe for two six- month engagements in 2004 and 2005. He will begin the tour on June 29, 2004, in Vienna (Austria), and travel on to Antwerp (Belgium), Madrid (Spain), and complete this portion of the rotation in London (UK) on January 6, 2005, at the Royal Albert Hall. Further dates for 2005 have not been announced as yet." All we have to say is: welcome back Erik! [Source: www.erik-karol.com, Barbara Brown; Ricky Russo] Cirque -- We Are The Future --------------------------- Music legend Quincy Jones in conjunction with MTV: Music Television, Yahoo! and XM-Satellite Radio, will bring together an all-star cast for a benefit concert - "We Are The Future". The concert will be broadcast globally on MTV Networks and simulcast live on XM Satellite Radio, XM Live (XM channel 26). "Nearly two decades after producing the historic 'We Are the World' recording, Quincy Jones will gather many of the world's best-recognized artists and personalities for a global concert marking the launch of a worldwide humanitarian effort to help children in war-ravaged cities. To date, the 'We Are the Future' performers include, Eve, Norah Jones, Alicia Keys, Josh Groban, Take 6, Herbie Hancock, Juanes, Angelique Kidjo, Andrea Bocelli, and Zucchero, among many others; and presenters include Oprah Winfrey, Chris Tucker, Pele, Angelina Jolie, Muhammad Ali, Naomi Campbell, and Serena Williams, among many others." Cirque du Soleil is also scheduled to perform at the event, which takes place on Sunday, May 16, 2004 at Circus Maximus (near the Colosseum), the first and biggest circus, in Rome, Italy. For further information check out these sites: XM Radio: < http://www.xmradio.com/concert/index.jsp > Concert Home: < http://www.wearethefuture.com/ > [Source: www.wearethefuture.com, Fascination! Reader: "Dnmoriarty"; Ricky Russo] Joey Arias in Print [EXPANDED] ------------------------------ There's more to "Zumanity" transvestite host Joey Arias than meets the eye. The outrageous drag queen, who became the toast of New York night life when hobnobbing with the likes of Andy Warhol and Truman Capote, also writes. For 13 years Arias penned a monthly column in the magazine Paper, interviewing celebrities as diverse as Rod Steiger, Rosemary Clooney, John Waters, Tony Danza, Anita Ekberg, Esther Williams, Denis Leary, Jack La Lanne and Tammy Faye Baker. The column is now history, but Arias has compiled about 120 of his best conversations and included them in his new book, "The Art of Conversation," which has been published by Maas Media of Berlin (ISBN 3-929010-89-5). The book, which sells for $21, is available at the Zumanity gift shop inside New York-New York and online at joeyarias.com. "For years people have told me I've got to come up with a book on the history of my life. 'Your experiences are so rich,' " Arias said. "I didn't just want to come out with another book about a gay boy, problems -- because I never did have any. I never had a childhood like that, my parents were very understanding." Arias says over the years he has spent a lot of time performing in cabarets in Berlin, where he met a representative of Maas Media, a publisher of art books. "He said they would like to do something with me," Arias said. He decided to expose himself and his life through the columns he wrote about hundreds of celebrities. "I thought, instead of a book about my life, how about me integrated with different people?" Arias said. "My life is based around people a lot. I don't like to be alone." Arias said readers will get to know him through the conversations. "They will learn who I am," he said. "And it's easy reading. I call it a bathroom book." Arias says his life has been one of music, cabarets, dealing with people and being intimate with people. Most of his life he has spent traveling. Joining the cast of "Zumanity," which will have its first anniversary on Aug. 14, has changed that. "Instead of traveling around the world, now the world comes to me," he said. Arias signed a two-year contract with "Zumanity," the risque production by Cirque du Soleil. So far, the contract has not been extended. The flamboyant entertainer doesn't seem concerned about his future. He says he is busy on several projects, including working on another book, a DVD about his life and a documentary about the history of performance art in New York City in the '70s. "I'm also thinking about doing a book about my adventures with Cirque du Soleil," said the man whose life has been one long circus. [Source: Las Vegas Sun] How Cirque Works? ----------------- Have you ever wanted to know how Cirque du Soleil worked? You can get a peek into how Cirque du Soleil works through the very popular online destination "How Stuff Works"! www.HowStuffWorks.com is "widely recognized as the leading source for clear, reliable explanations of how everything around us actually works," so boasts their website, and they mean it. From Atomic Bombs to Walking on the Moon, How Stuff Works is chock full of amazing information, bizarre facts and wonderful how-to's regarding a wide range of topics. Their own Elizabeth Nixon tackled the big question of how Cirque worked and you can read her findings at the following address: < http://entertainment.howstuffworks.com/cirque.htm >. The best part, we're mentioned twice! Richasi's Le Grand Chapiteau and the Cirque du Soleil Yahoo Group were both mentioned as places to find out "further information" regarding Cirque du Soleil -- way cool! [Source: How Stuff Works; Ricky Russo] Wynn Resorts Has Opening Date Set --------------------------------- Wynn Resorts Las Vegas (formerly Le Reve) now has an opening date. The $2.4 billion resort, which will feature a new show directed by former Cirque show director Franco Dragone and with clown acts designed by former Cirque clown extraordinaire John Gilkey, will open April 28, 2005. The show, based upon the element of water, tells the narrative of a boy who loses and then reclaims his power of flight. According to the Las Vegas Sun, the working title of the production is "'Le Reve,' after the Picasso painting Wynn owns -- which was also the working title of the resort." [Source: Timothy McDarrah, Las Vegas Sun; Keith Johnson, Ricky Russo] Small Snippet on New Show! [EXPANDED] ------------------------------------- While also perusing the Las Vegas Sun, we found this snippet of someone currently working on the new Las Vegas Show. Sarah Harding (not to be confused with a lady of the same name from the UK girl group Girls Aloud) is the current Ms. Fitness USA 2004! Sarah Harding, former Stanford All-American gymnast, was awarded the title of Ms. Fitness USA on September 12, 2003, at the national competition in Las Vegas, Nev. Harding, a Hawaii native, scored 213.1 points to narrowly edge out Tiffany Yee of Colorado with 213.0 points and qualify for the Ms. Fitness World competition. Harding qualified for the Ms. Fitness World competition the next night, Sept. 13, and took third place. She has been invited to the Fitness Woman and Fitness Man European & World Championship in Poland on Oct. 25. Competitors in the Ms. Fitness competition are judged in three rounds: round 1-beauty, poise and projection; round 2-physical beauty and muscle tone; round 3-strength, flexibility and endurance. While at Stanford, Harding was awarded All-America honors on floor exercise in 1999 after placing ninth in the NCAA Championships. She recorded a perfect 10.0 on floor on March 26, 1999, to rank first in the all-time Cardinal record books. As a junior in 1999: Scored a perfect 10.000 in the floor exercise at the Cal meet-Shares school record in the floor exercise with former teammate Tracey Kohl and Amy Murakami with a score of 10.000-Was ranked 11th in the country on the floor at the end of the regular season (RQS 9.9125)-Named 1st team All- American in the floor exercise-2nd team Pac-10 All-Academic. As a sophomore in 1998: Finished fifth in the floor at the NCAA Regionals with a score of 9.825-Named Pac-10 All-Academic Honorable Mention-Recipient of the Cardinal Spirit Award. As a freshman in 1997: Named Stanford's "Most Inspirational" gymnast-Missed the majority of the season due to a stress fracture in her lower back-Worked her way back into competition at the end of the season to post a 9.800 at the Pac-10 Championships-Made the Stanford Honor Roll. Club/High School: 1996 Hawaii all-around State Champion while competing for the Hawaii Gymnastics Academy-1995 Region II all- around Champion-Member of the 1994 U.S. Junior Olympic team- Finished sixth all-around at the '94 Level-10 Nationals-Also an accomplished diver, she was the 1996 Hawaii state high school diving champion and garnered All-American honors. Personal: Born December 20, 1977-Daughter of Kitty and Ken Harding-Both parents are alumni of Stanford's graduate school- Traveled to Beijing China for nearly two months during the summer on an Undergraduate Research Opportunities (URO) Grant where she conducted research for her honors thesis on the topic of Chinese female gymnasts and their education levels-Majoring in East Asian Studies with a focus on women's issues in Chinese history and modern culture-At Stanford, she participates in Partnership of Academic Excellence (PAE), as a writing tutor, and a member and choreographer for Jam Pac'd-Hobbies and interests include dancing, swimming, diving, singing, acting and hanging out with friends. Favorite book: Bird by Bird: Some Instructions on Writing and Life by Anne Lamott Who do you most admire: My mom Most influential person: My dad Age you started gymnastics: Four, on the island of Kauai Favorite event: Floor because I love to dance Saltimbanco Returning to North America? --------------------------------------- There has been a persistent rumor that Saltimbanco will have its final curtain call in the near future to make way for other Cirque du Soleil touring productions. However, before that event is said to occur, a smaller and more select second North American Tour would be undertaken to serve as the production's final bow, so to speak. While Fascination! must take this possible upcoming schedule as rumor until announced by Cirque du Soleil, we'd like to pass the possibilities on to you. What we've been advised is that Manchester and Birmingham, United Kingdom are on the extended Saltimbanco list, as is Dublin, Ireland and Paris, France; however, what is more exciting is the fact that Saltimbanco may jump the Atlantic and have a three-city Mexican tour -- Starting in Monterey, going through Guadalajara, and ending in Mexico City. Dates and further information has not been made available, but if this is true, we could see Saltimbanco come home with a North American Tour in 2006! [Source: Eric-Oliver Brousseau; Ricky Russo] Treasure Island Offers Mystère Dinner Packages ---------------------------------------------- In hopes of spicing up the Mystère experience, Treasure Island (TI) has added before and after dinner packages. The dinner package pairs a meal at one of the resort's acclaimed restaurants with VIP seating at Mystère. The meals consist of three-courses created exclusively by the chefs of Buccaneer Bay Restaurant, Francesco's and The Steak House. The packages are available each evening, except Wednesday and Thursday (Mystère's dark nights). The Mystère dinner package will set you back $155.24 per person, but it is worth every penny. Treat yourself to a VIP experience with Dinner and Theatre! Seatings are available for Buccaneer Bay and Francesco's at 5:00pm, 5:30pm, 6:00pm, 9:30pm and 10:00pm. Seatings for The Steak House are available at 5:30pm, 6:00pm, 9:30pm and 10:00pm. For more information contact Treasure Island at (702) 894-7722 or 1-800-392-1999. [Source: Treasure Island; Ricky Russo] Eratta ------- Last month in our review of news items about Guy Laliberte we talked about the big parties he holds in Montreal. One of which we suggested was to celebrate the "Great Price of Montreal." We should have known better than to trust Babelfish. It's actually the "Grand Prix du Montreal," The Canadian Grand Prix car race that takes place in June. Sorry if we offended our Formula 1 fans! In our article on the "Life After Cirque" investigative piece we said the piece would air on CBC's The National on April 14th or later. That was what we were told at press time by the CBC. Unfortunately, even before we could set our VCR's, CBC aired the piece two days earlier on the April 12th edition of the National without telling anyone. Drat! Fortunately, the piece is available on video from the CBC's video transcript service. We've ordered a copy and should have a report soon. ======================================================================= CRQ-TV -- CIRQUE ON TELEVISION! ======================================================================= * CIRQUE DU SOLEIL: SOLSTROM -------------------------- Network: CBC - Canada -- Sunday's at 8:00pm [Currently pre-empted for Hockey Finals] Network: Radio-Canada - Canada (French Canadian) -- Wednesday's at 8:00pm Network: Bravo - United States -- Sunday's at 7:00pm -- < http://www.bravotv.com/Cirque_du_Soleil:_Solstrom/ > * Episode 4: "Rock-n-Roll" * Episode 9: "Childhood" May 02 at 7:00pm Jun 06 at 7:00pm May 03 at 1:00pm Jun 07 at 12:30am May 05 at 3:30pm * Episode 10: "Construction" * Episode 5: Jun 13 at 7:00pm May 09 at 7:00pm Jun 14 at 12:30am May 10 at 1:00am Jun 20 at 11:00am May 12 at 3:30pm * Episode 11: "Puppets" * Episode 6: Jun 20 at 7:00pm May 16 at 7:00pm Jun 21 at 2:00am May 17 at 1:00pm Jun 27 at 11:00am May 19 at 3:30pm May 23 at 11:30pm * Episode 12: "The Games" Jun 27 at 7:00pm * Episode 7: "Disguises" Jun 28 at 1:00am May 23 at 7:00pm May 24 at 1:00am May 26 at 3:30pm May 30 at 11:00am * Episode 8: "Traveling" May 30 at 7:00pm May 31 at 1:00am Jun 02 at 3:30pm Jun 06 at 11:30am * CIRQUE DU SOLEIL: FIRE WITHIN ----------------------------- Network: Vitaya - Belgium (Europe) -- Thursday's at 9:00pm Network: Odyssey Television - Australia -- Wednesday's at 9:30pm Network: Bravo - United States * Episode 1: * Episode 8: May 12 at 6:00am Jun 5 at 6:30am Jun 23 at 5:30am * Episode 9: * Episode 2: Jun 6 at 6:30am May 16 at 6:00am Jun 30 at 5:30am * Episode 10: Jun 10 at 5:30am * Episode 3: May 16 at 6:30am * Episode 11: Jun 12 at 6:30am * Episode 4: May 22 at 6:30am * Episode 12: May 05 at 6:30am * Episode 5: Jun 14 at 6:30am May 24 at 6:30am * Episode 13: * Episode 6: May 04 at 5:30am May 27 at 6:30am Jun 16 at 5:30am May 28 at 6:30am * Episode 7: Jun 3 at 5:30am * NOTE: Check your local listings for complete information. Schedule is subject to change. ======================================================================= CRQ.NET -- CIRQUE DU SOLEIL ONLINE ======================================================================= This Month in Cirque Club (By: Keith Johnson) ------------------------- CirqueClub has posted an interesting set of articles this month, including a look at new cast members for Mystère and some facts and figures behind Alegría's 10th anniversary. In another article there are pictures from the Quidam acts that appeared in a 6-minute special presentation during the 46th Logie Awards in Australia. Sadly, unlike the Oscar performance, there is no video to accompany the article - that would have been fun to see. Finally, in a just published article, they mention a Gold Medallion Award that was given to "O" by the Swimming Hall of Fame in Fort Lauderdale, FL (this is the first time the award has been given to an organization). To celebrate five years of La Nouba, Cirque is having a contest. Filling out a short, easy quiz qualifies you for a trip to Orlando! The trip includes two nights at a WDW hotel, tickets to the 5th Anniversary performance on June 2nd admission to the post-show party, and two 1-day WDW Park Hopper tickets. Such a deal. Deadline is May 15, so enter today! And just in time for Mother's Day, they've put up a set of three tranquil virtual cards. The cards, featuring feminine images from Alegría, Quidam and Varekai, function the same as the other cards and can be found at < http://www.cirquedusoleil.com/go.asp?p=2313&l=en >. Over in the Solstrom section (which has no button on the new CirqueClub "Home" screen but can be accessed through the "On Screen" section), Cirque is ready for the series telecasts on Bravo. As opposed to the CBC telecasts, where each episode went up on the website only as it was broadcast, all 13 episodes (including challenges and goodies) are now available for perusal. This month we debut a new feature of This Month At Cirque Club. Each month CirqueClub sends out special "marketing" messages to members that have specific cities noted in their profiles. Usually these just announce ticket availability, discount specials, or added additional performances. But sometimes there is some interesting first-person reportage and nice stories. Since you can only have a maximum of 6 cities in your profile not everyone can see every message. But thanks to our "vast network of sources" we've scoured them all to bring you highlights. Starting this month we'll be featuring selected bits. (Below text courtesy of CirqueClub.) With April came two departure notices, from Alegría leaving Atlanta and Varekai leaving California. Dan, Alegría Crew Member wrote: "After spending five weeks in Atlanta we are packing up and moving on to New York City. Atlanta was filled with great things to see and do; I visited Stone Mountain National Park, and saw where Coca-Cola was invented. I watched the Frisbee dogs at the Dogwood Festival and enjoyed the various types of shopping throughout the city. A highlight for me was visiting the world-famous giant chicken in Marietta, just down the road from where we set up the Grand Chapiteau. The people of Atlanta have been courteous and friendly, and eager to show off their great city. We sure appreciate y'all!" Karina, Varekai Crew Member wrote: "We knew it had to end, someday. But as the date approaches, I realize how difficult it is going to be to say goodbye to the Golden State! With the last week of performances in San Diego underway, I know I will be sad. Sad to leave this beautiful state; sad to leave the sun, the coast, the national parks, the cities, the ocean and the great people that I have met during my Californian journey! I feel so privileged to have had the time to discover this magical place. Yes, I even went to Disneyland! What can I say? It was six months of pure bliss! "There is another aspect of leaving California that will make it even harder than anticipated. I joined Varekai at the beginning of Los Angeles and along the way I have made new friends. Now, some of these friends are heading away on different paths. Together we have discovered so many different parts of this state. We have enjoyed San Francisco, Los Angeles, Pomona, Orange County, San Diego, Joshua Tree Park, the desert, the beach, the city, the night life, the succulent sushi in OC; overall, amazing times! We lived so many adventures in this part of the world that it will forever hold a special place in my heart. I'll miss California dearly. On that note, I'll say farewell to the Golden State, and keep fond memories of it as being one of my favourite places on earth." Upon Varekai's arrival in Phoenix, Karina, wrote again: "Accustomed to chilly Canadian temperatures, I'm just about ready to die of heat here in Phoenix! Before my arrival I had heard stories about the hot weather, but I never imagined it would be like this. It's about 100 degrees! Despite the weather, though, it's exciting to be here - this is yet another amazing city I can take the time to discover while on tour with Varekai. The Grand Chapiteau raising took place just last week, and it was entertaining to watch all our technicians complete the setup in this heat. Meanwhile the office people, me included, opted to work on our suntans. I have to say that the nicest welcome we have received to date here in Phoenix was last Thursday. Our box office opened at noon and people arrived in packs, braving the heat to pick up their tickets to see the show!" Finally, with Quidam leaving Japan and moving to Canada, Montse, Quidam crewmember wrote: "After fourteen months in Japan, the cast and crew of Quidam are looking forward to returning home to Canada! Moving a show like Quidam over the Pacific Ocean is not an easy task. In fact, we had to use one jumbo jet, two containers and several trucks to transfer all our equipment from one end of the world to the other. The plane, which transported the set, lighting, sound and rigging equipment, arrived last Sunday in Vancouver. The equipment was then put safely into storage until the raising of the Grand Chapiteau, scheduled for this weekend, where we'll have more than a hundred people on site to help with the spectacular task. Although the complete setup of the tent takes about a full day, believe it our not, the actual Grand Chapiteau raising will be done in less than three minutes! We look forward to a dazzling premiere night and to enjoying all that Vancouver has to offer! See you soon!" ======================================================================= ITINÉRAIRE -- TOUR/SHOW INFORMATION ======================================================================= Note that any information in brackets [] is UN-official information and subject to change. [Touring Shows] Alegría: * New York City, New York -- Randall's Island Park Dates: May 6, 2003 to June 6, 2004 * Philadelphia, Pennsylvania -- Avenue of the Arts Dates: July 8, 2004 to Aug 1, 2004 * Toronto, Ontario -- Ontario Place Dates: Aug 19, 2004 to Sep 19, 2004 * Tokyo, Japan: Dates: Oct 29, 2004 to Jan 23, 2005 * Fukuoka, Japan: Dates: Feb 9, 2005 to Apr 3, 2005 * Nagoya, Japan: Dates: Apr 20, 2005 to Jun 12, 2005 * Osaka, Japan: Dates: Jun 25, 2005 to Aug 10, 2005 Dralion: * Amsterdam, Netherlands -- Next to Amsterdam Arena (P2) Dates: Feb 27, 2004 to May 23, 2004 * Vienna, Austria -- Prater - Rotundenplatz Dates: Jun 3, 2004 to Jul 11, 2004 * Antwerp, Belgium -- Gedempte Zuiderdokken Dates: Aug 12, 2004, to Sep 19, 2004 Quidam: * Vancouver, BC, Canada -- Concord Pacific Place Dates: May 6, 2004 to Jun 6, 2004 [May extend to June 13, 2004] * Calgary, Alberta, Canada -- Currie Barracks Dates: June 24, 2004 to July 25, 2004 [May extend to August 1, 2004] * Sydney, Australia -- The Showring, Fox Studios Dates: Aug 12, 2004 to TBA * Brisbane, Australia -- Kingsford Smith Drive Dates: Nov 4, 2004 to TBA * Auckland, New Zealand -- Dates: Dec 31, 2004 to TBA * Melbourne, Australia -- Dates: Mar 4, 2005 to TBA * Adelaide, Australia -- Dates: May 12, 2005 to TBA * Perth, Australia -- Dates: June 30, 2005 to TBA Saltimbanco: * Milan, Italy -- Area Spettacoli di Milano Dates: Apr 29, 2004 to Jun 6, 2004 * Gijon, Spain -- TBA Dates: June 25, 2004 to TBA * Frankfurt, Germany -- Next to the Jahrhunderthalle Dates: Aug 20, 2004 to Sep 5, 2004 * Rome, Italy -- TBA * Lille, France -- TBA Varekai: * Phoenix, Arizona -- Westworld of Scottsdale Dates: Apr 29, 2004 to May 23, 2004 * Denver, Colorado -- Pepsi Center Dates: Jun 3, 2004 to Jul 11, 2004 * Boston, Massachusetts -- Suffolk Downs Dates: Jul 27, 2004 to Aug 22, 2004 [May extend to Sep 5, 2004] * Washington, DC -- Grounds of RFK Stadium Dates: Sep 16, 2004 to Oct 10, 2004 [May extend to Oct 24, 2004] * Dallas, Texas -- Fair Park Dates: Nov 4, 2004 to Dec 5, 2004 [May Extend to Dec 19, 2004] * Houston, Texas -- TBA * Austin, Texas -- TBA * Pittsburg, Pennsylvania -- TBA * Baltimore, Maryland -- TBA * Hartford, Connecticut -- TBA * Columbus, Ohio -- TBA * Detroit, Michigan -- TBA * Miami, Florida -- TBA [Resident Shows] La Nouba: * Two shows Nightly - 6:00pm and 9:00pm * Performs: Tuesday through Saturday, Dark Sunday/Monday * Location: Walt Disney World Resort, Orlando (USA) * 2004 Dark Dates: -- March 14th - 17th -- August 22nd - 25th -- May 2nd - 5th -- October 17th - 20th -- June 20th - July 5th -- December 5th - 13th Mystère: * Two shows Nightly - 7:30pm and 10:30pm Beginning June 13th: Except Sundays; 4:30pm and 7:30pm * Performs: Friday through Tuesday, Dark Wednesday/Thursday Beginning June 9th: Wednesday - Sunday, Dark Monday/Tuesday * Location: Treasure Island, Las Vegas (USA) * 2004 Dark Dates: -- April 6th, 9th -- October 3rd, 6th -- May 31st - June 8th -- November 28th -- August 23rd - 31st "O": * Two shows Nightly - 7:30pm and 10:30pm * Performs: Wednesday through Sunday, Dark Monday/Tuesday * Location: Bellagio, Las Vegas (USA) * 2004 Dark Dates: -- April 19th - 27th -- October 11th - 13th -- June 21st - 23rd -- December 6th - 21st -- August 9th - 17th Zumanity: * Two Shows Nightly - 7:30pm and 10:30pm * Performs: Tuesday through Saturday, Dark: Sunday/Monday * Location: New York-New York, Las Vegas (USA) * 2004 Dark Dates: -- April 18th - 21st -- October 10th - 13th -- June 6th - 12th -- November 28th - 30th -- August 15th - 18th -- December 1st - 20th ======================================================================= DIDYAKNOW? -- FACTS ABOUT CIRQUE ======================================================================= -- Did you know that when Alegría first appeared in Japan in 1996, the show had already changed from its 1994 North American Tour? Missing were the Shoulder-Pole act and the Aerial Cube! Japanese audiences were treated instead to Yuri Maiorov's "Flying Man in Silk" act and Molly Saudek's "TightWire" act, as an act in rotation. -- Did you know that approximately 670,000 Japanese saw Alegría during its first tour? Overall there were 260 performances to Japanese audiences in 1996; 222 of them in Tokyo alone. The show was setup from March 22 through September 15, 1996 in Tokyo before moving to Fukuoka for 20 days, from October 1 to October 20, 1996. -- Did you know that the first ever Cirque du Soleil show to be performed in Japan was Fascination? Fascination was a mega-production combining the talents of Le Cirque Reinvente and Nouvelle Experience. The production visited Tokyo, Nagoya, Hiroshima, Osaka, Sapporo, Yokohama, Sendai and Kita-Kyushu for a total of 118 performances to 710,000 spectators! Since then, Saltimbanco (twice) and Quidam (once) have been the only other shows to visit the Land of the Rising Sun. ======================================================================= LE SPECTACLE: "CirqueCon Vancouver 2004 Just Days Away!" By: Keith Johnson - Seattle, Washington (USA) ======================================================================= As Ricky mentioned at the top of this month's 'letter, we're busy getting ready for "The First Unofficial Gathering of Cirque Du Soleil Fans" over May 21-23 in Vancouver BC, to take in a viewing(s) of Quidam and bond with other fen. (Even at this late date, we still have rooms available in our two specially-reserved Bed & Breakfasts, call 1-888-872-3060. We'd love to have more people! Our B&B's are located about 1 1/4 mile from the Cirque tent, so close you could even walk there.) Our schedule for the weekend has started to firm up. Though some of us will be taking in multiple Quidam showings (some as many as 4!) others have taken a more measured balance of Cirque du Soleil and Vancouver. There is much to do, from Robson Street, Gastown and Chinatown shopping, to Stanley Park, Science World and other museums and parks, to the nightlife of the city. We won't have any shortage of things to do! So we've kept the schedule loose, with lots of free time. Most of our 24 attendees will be arriving during the day on Friday, many arriving in Seattle, Washington and renting a car to drive to Vancouver. It's a lovely 3-hour drive over rolling terrain with lots of greenery. Of the two entry points to Canada, we recommend bypassing "Peace Arch" crossing at Blain and taking the commercial crossing at Pacific Highway. It's five minutes out of the way, but can save up to a half-hour of waiting at the very popular Peace Arch. A few are flying directly to Vancouver, and a few will be arriving late on Friday evening. (If you're planning to arrive late, let the Bed & Breakfast know so you can arrange to pick up your room key.) Our plan for Friday is a "Welcome to CirqueCon 'Cocktail Hour'" at Douglas House from 5-6pm. We'll have a few munchies and some Cirque Du Rose wine for consumption. We'll also have space for you to show off your rarest Cirque collectible. We'll have older programs, the Cirque du Soleil wallpaper books, and other Cirque memorabilia you won't find anywhere else. So if you have something interesting, bring it along! Then it's off to an evening of shopping, sightseeing, or clubbing, whatever you like! Saturday morning is reserved for breakfast and sightseeing. Our main function of the day is our Saturday get-together meal and, of course, seeing Quidam. Our meal is at 4:00pm at The Old Spaghetti Factory in Gastown (53 Water Street, 604-684-1288). We'll have seats in the same area but probably not at one big table. We'll eat and party and prepare for the show. After dinner folks are free to tour Gastown, return to the Bed & Breakfast to dress for the show, or head straight to the tent to be there right when the gates open at 7:00pm. Then at 8:00pm - Quidam! At some point while on the Cirque campus we'll want to gather to take a group photo, so bring your cameras (just don't use them inside!). And when the show ends feel free to shop the concessions tents, or wait at the employee exit for the artists. Sunday is totally free of any scheduled activities. Shop, sightsee, or start to make your way back home. We have gotten numerous questions about whether we will be able to do anything "special" while on-site, such as a backstage tour or meeting an artist. We have nothing to report on yet. Since we're such a large group our options may be limited. If we do get something arranged we'll let our members know. We have a private Email Distribution List for special messages concerning CirqueCon. If you'd like to be added to the list, or if you'd like to join us in Vancouver for what's sure to be a very special Cirque-ey weekend, please let Keith know at kj@gmnameplate.com. Or if you prefer you can call him at 206-284-8516 M-F 8-4 Pacific Time. And we'll have a full report of our weekend in Fascination! ======================================================================= BEHIND THE CURTAIN: "Let the Buyer Beware - Cirque on eBay" By: Ricky Russo - Orlando, Florida (USA) ======================================================================= Throughout the last two and a half years the "Fascination! Newsletter" has presented some of the most bizarre, eyebrow raising, yet special and interesting items that can be found hiding on the World Wide Web with that uncanny connection to our favorite circus - Cirque du Soleil. Be it Cirque inspired wine, guitar tabs for certain Cirque songs, information on taking a college engineering course featuring the designs of "O", dolls inspired by Cirque characters (the "Myumee" dolls), or modeling shots of Olga Pikhienko; the "Fascination! Newsletter" has been there, searching for it, uncovering it and letting you know about it. Thus, our topic for this edition therefore falls upon an item recently placed up for auction on eBay, the world's most popular online trading website. What we found there on the morning of April 28, 2004 astounded us. It harks back to the old adage: Let the Buyer Beware. Now I know what you're thinking -- how can anyone trust the anonymity of the seller. It's true; all the information the buyer has to base a decision on is a series of feedback ratings, a user name that doesn't positively reflect the person's real name, a location that likewise doesn't necessarily reflect the truth, and blind faith. Yet beyond these failings, thousands of transactions are conducted each day without issue. Even I will offer the point that I've made many purchases through eBay (both Cirque and non-Cirque related) and have had no adverse anomalies. But the buyer must beware... and do his or her homework. The item's description was innocent enough -- Item #2241477772 Cirque du Soleil Randall's Island Tickets -- but what was being sold was far from the norm. The seller, who I will not mention by name here, was not selling tickets, as the subject of the description would have led us believe. No, the bid was for a special link that would allow the winner to purchase tickets for Alegría's engagement in New York City at a 30% discount. The link, supposedly, would grant a choice of four matinee shows, presented on June 11, 18, 24 and 25th at 4:00pm. The ticket prices were reportedly cheap at $60.25 for adults and $42.00 for children under twelve. Big savings considering the category one tickets for the Randall's Island engagement are $95.00 for adults and $66.50 for children under twelve. We watched the auction as it came to a close five days later; by May 3rd there were no bidders for the $3.99 item. I'm happy to announce no one fell for this incredibly idiotic sale, but I'm frustrated just the same. I mean no disrespect to the seller if he or she happens to be a reader of Fascination!, however, it's these kinds of postings that give buyers pause. Why would anyone post an Internet link for sale? To whit, why would anyone pay the $4.00 US for said link? An eyebrow raiser for sure. Luckily, this auction passed and no harm was done. But this is not the first time something on eBay caught the attention of Fascination! staffers. Long-time readers may remember a newsflash we sent out on September 19, 2002 with the title "Whoa Nelly, It's True!," regarding another interesting item discovered on eBay by Lynn Nakayama, a fellow reader. In fact, we sent out two news flashes that day but never followed up, as we had planned to in our October issue. What now follows is an untold story about that auction. It's untold because we were asked (and agreed) to remain silent once the company's investigation had concluded. For it turned out to be an internal fiasco best left alone. But we shall remain silent no longer. The recent eBay oddity brought this story back to us, and we feel that now is the right time to come clean about this stumble, and tell you our story behind the eBay fiasco. On September 18, 2002, a listing was placed on eBay that promised the winner a once in a lifetime opportunity. It caught our eye the following day and we drooled over ourselves with the possibilities of winning a package to perform in the Cirque du Soleil show "O". We immediately checked out the link and poured over the original listing (as follows): MAKE HISTORY PERFORM LIVE W/ CIRQUE DU SOLEIL eBay item #:1382325325 Started: 9/18/02 at 17:17:33 PDT Ends: 9/28/02 at 17:17:33 PDT Listing Prices: Currently US $30,000.00 Buy It Now for US $200,000.00 PERFORM LIVE ON STAGE WITH CIRQUE DU SOLEIL! The Cirque du Soleil experience will transform you from an amazed spectator to a character in the award winning Las Vegas show "O" by Cirque du Soleil. You will begin your adventure with four (4) tickets and a backstage tour of Mystère at the Treasure Island Hotel. Deluxe accommodations for three (3) days/two (2) nights at the Bellagio Resort; dinner for four (4) at "Olives Restaurant", await you and your guests to fully capture the Las Vegas life. One lucky person will then have a once-in-a-lifetime opportunity to be formally trained by the Artistic Director and coaching staff of "O" and take part in a sold out performance. That's right! You are sure to impress everyone in the audience (including your guests) with all of your newfound abilities. THIS PACKAGE INCLUDES THE FOLLOWING FROM "O" AND MYSTÈRE BY CIRQUE DU SOLEIL: * One (1) person is trained to perform LIVE ON STAGE in Cirque du Soleil's production of "O"! You will be trained, styled and costumed as part of the cast of "O" (according to your abilities and physical limitations...no matter what there is a spot for you!). * Two (2) FIRST CLASS round-trip plane tickets on AMERICAN AIRLINES (from Continental US 48, Caribbean, Bermuda, Bahamas, Canada and Mexico to Las Vegas). * Two (2) exclusive backstage tours (at both "O" and Mystère) for you and your 3 guests. * Two (2) beautifully framed, gallery sized posters, signed by the cast and crew of Mystère and "O". * Four (4) souvenir programs from "O" * Four (4) souvenir programs from Mystère * Four (4) CD's from "O" * Four (4) CD's from Mystère * Two (2) hand painted sculptures inspired by characters of the shows (Zebra from "O" and Le Palmier from Mystère; both by Judie Bomberger. The package also includes: * Three (3) tickets to "O" at the Bellagio Hotel with one (1) person performing (formal training included) * Four (4) tickets to Mystère * Deluxe accommodations for three (3) days/two (2) nights at the Bellagio Hotel (dates to be mutually agreed upon by package winner and Cirque du Soleil) * Dinner for four (4) at Bellagio's "Olives Restaurant" * Four (4) Cirque du Soleil jean jackets (one (1) medium, two (2) large and one (1) XL) * One (1) "Wings" photography book by Veronique Vial This is a verifiable performance package. The winning bidder must use this package by October 1, 2003. ***A Cirque du Soleil/MGM Mirage approved release form must be signed***** Once our jaws had been lifted from the floor we started cranking the gears at Fascination! to find out whether this posting was too good to be true. The first step was in contacting the seller directly, asking whether or not the package was legitimate, where he/she received it and why it was so expensive. One of the first things that stuck us odd was the listing price -- $30,000 US initial listing price and a buy- it-now of $200,000? Thus we wanted to check the facts. The seller replied the same day advising that 1) the item for sale was indeed legal, 2) a description of where he got it (the recent Tiger Jam Auction), and 3) a contact name within the Cirque organization (who's name and contact information is being withheld) with whom I could speak to verify the package. Thus the second step began -- I emailed the contact given, which was within the Social Affairs office for the Resident Shows Division, to ask its legitimacy. For good measure, I also sent a communiqué to the Publicist of "O" and other select people in Montreal for their verification. Meanwhile, fellow Fascination! staffer Keith Johnson, contacted Tiger Jam directly who's spokesperson verified that it "could have been" an item they offered, but they were unable to confirm (or deny) it and were unable to help us further. With that avenue exhausted, we waited for a reply from Cirque. Before long those replies had come in and we turned that information into the newsflashes we sent to our readers: Earlier this evening we reported a strange and seemingly "to good to be true" auction item that appeared on Ebay, which allows the winner to train for and perform in a performance of Cirque du Soleil's resident show "O" (as well as a horde of other amenities). We have received confirmation from various sources that the package is indeed legitimate. In fact, this once-in-a-lifetime opportunity was auctioned off at Tiger Jam V, a charitable event by the Tiger Woods Foundation held at the Mandalay Bay Events Center on April 20, 2002. The Tiger Woods Foundation was established in 1996 by Tiger Woods and his father Earl to empower young people to reach their highest potential by initiating and supporting community-based programs. For fans that can afford the $30,000.00 initial offering price (and the $200,000.00 Buy-it-now price) this auction offers an once-in-a-lifetime event that may never come around again! This is, of course, all that Fascination! has ever made public about the auction. Unfortunately we left many questions unanswered, which no-doubt may have made our readers express a little confusion as to our agenda, and for that I apologize. I'm here to say today the story did not end back on that fateful day in September. We did get those answers and now, finally, I think we can finish what we started to report to you a year and a half ago. As we reported, the package was legitimate. It was offered and approved by the Resident Division of Cirque du Soleil. The package was offered up for PRIVATE auction at the Tiger Jam V event held at the Mandalay Bay Events Center on April 20, 2002. At the auction were two individuals who were the instigators of this game - one, a Mystère performer and two, our eBay seller. When the item came up for bid, the Mystère performer (who's name is being withheld) placed an offer of $15,000 to raise the price (remember, it was for charity), hoping that someone would outbid him or her. No one did and the package went to the unnamed Mystère performer. The Mystère performer, however, did not have the appropriate funds to pay for the item, thus someone in attendance (our eBay seller) came to the rescue, purchased the item at cost and placed the winnings up for auction to the highest bidder on eBay for a substantial profit. Internally a fiasco brew, once we started our inquiries. Come to find out, the Resident Division President at the time (who is no longer with the company I might add) approved the package for use in Tiger Jam V; however, it was not approved by the higher ups in Montreal. Therefore a conflict was created: the package was legal, yet not. Fascination! doesn't currently know what happened with the seller and what decision Cirque du Soleil ultimately made regarding the package (whether they'd purchase it back or not), but we know one thing: even if someone had purchased (or won) this package, there was no way that person would get to train or perform live on stage. Why? Liability. Unfortunately this is where our story ends, but it goes to show that you never know what will end up on eBay, or what might happen if you inquire within. As to the recent auction listing regarding the link, CirqueClub is looking into it. Consequently, if you're interested, you can see the original advertisement image posted with the "O" Performance listing, by logging into the Fascination! Yahoo group (groups.yahoo.com/group/ CirqueFascination/), and selecting Photos and then Issue #33. ======================================================================= THE CIRQUE CONNECTION: "Cirque Settles with Matthew Cusick" By: Keith Johnson - Seattle, Washington (USA) ======================================================================= We were one of the first on the 'net to break the news about the Cusick settlement. (Which, when we were first made aware of it, caused us to do some scurrying to get out, let me tell you!) We sent out the Lambda Legal press release as a newsflash earlier this month (reprinted below). Since then, some other details have surfaced (noted after the press release). # # # Cirque du Soleil To Pay $600,000 To End HIV Discrimination Complaint By Former Performer, In Nation's Largest HIV Settlement Of Its Kind Settlement mediated by Equal Employment Opportunity Commission mandates change in Cirque's employment discrimination policy and requires internal education (Los Angeles) - Lambda Legal announced today that Cirque du Soleil will pay a record $600,000 to end an HIV discrimination complaint filed by one of its former employed artists, who was fired last year because he has HIV. The settlement ends a nationwide campaign and a federal disability complaint filed by Lambda Legal on behalf of its client Matthew Cusick. "This is a huge victory for working people with HIV because it tells employers that there's a steep price to pay for HIV discrimination," said Hayley Gorenberg, Director of Lambda Legal's AIDS Project. "This kind of discrimination still happens all across the country, and today's record-setting settlement will have ripple effects nationwide." According to Lambda Legal, today's settlement is the largest public settlement ever for a HIV-discrimination complaint settled with the Equal Employment Opportunity Commission. Lambda Legal has battled HIV discrimination since the first days of the epidemic, and litigated the nation's first HIV discrimination case in 1983. "When I was fired by Cirque du Soleil, it was the worst day of my life. Today is nearly the exact opposite because I stood up for what I knew was right and changed one of the world's most popular entertainment companies," said Cusick, who described the Cirque position as a "dream job" for any gymnast. "This kind of discrimination tears people's dreams and careers apart. While other people in all sorts of professions will still face HIV discrimination, after today they will have a powerful message with the settlement we reached." Under the settlement agreement, Cirque du Soleil will host annual anti-discrimination trainings for all of its employees worldwide and will adopt a zero-tolerance policy toward discrimination based on HIV and other disabilities. For two years Cirque will have its records open to the EEOC, ensuring that the company is in compliance with today's agreement. Lambda Legal filed the federal discrimination complaint with the EEOC in July 2003 against Cirque du Soleil on behalf of Cusick, who was fired because he has HIV. Before filing the complaint, Lambda Legal attempted to persuade Cirque to change its position and policy voluntarily. Although the company's own doctors had cleared him to safely perform for the Las Vegas-based show "Mystere," Cirque du Soleil management told Cusick that because he has HIV he is a "known safety hazard" and the company would not continue to employ him. The EEOC investigated Cirque du Soleil for several months before ultimately finding that there was "reasonable cause to believe that [Cirque du Soleil] discriminated against [Cusick] when it discharged him because of his disability, record of disability, and being regarded as disabled." The EEOC then directed a mediation, which led to today's agreement. Lambda Legal and community leaders launched a nationwide campaign against Cirque du Soleil late last year, which intensified over several months with protests outside Cirque shows in San Francisco, Los Angeles and Orange County, California. Several thousand people signed petitions and sent letters to Cirque du Soleil to complain about Cusick's firing. Cirque du Soleil also came under fire from local governments with the San Francisco Human Rights Commission launching its own discrimination investigation, the Los Angeles City Attorney writing a strongly worded letter to Cirque du Soleil's founder and CEO, Guy Laliberte, and West Hollywood officials condemning Cirque du Soleil for firing Cusick. Some of the nation's most accomplished performers, artists and celebrities joined the campaign and spoke out against Cirque du Soleil for firing Cusick. They include Nathan Lane, Chita Rivera, Rosie O'Donnell, Bebe Neuwirth and Tony Kushner. The Pulitzer Prize-winning author of Angels in America, Kushner said, "The story of Matthew Cusick's firing by Cirque du Soleil is only the most recent chapter in the long, dismal history of discrimination, but it's especially shocking - and disgraceful - to find bigotry and ignorance about the AIDS epidemic manifest in 2004 by an organization with so many connections to the performing arts." A wide range of leading local, state and national groups - including HIV/AIDS organizations, LGBT groups, athletic associations, labor organizations, medical groups and others - joined the campaign against Cirque du Soleil. Some of them include: the National Association of People with AIDS; Parents, Families and Friends of Lesbians and Gays; the National Center for Lesbian Rights; the Gay and Lesbian Medical Association; Pride at Work, AFL-CIO; The Project to Eliminate Homophobia in Sport; International Action Center; the San Francisco AIDS Foundation; the AIDS Services Foundation of Orange County; and dozens of others. The settlement of $600,000 includes $40,000 in legal costs for Lambda Legal with the rest of the money going to Cusick. Part of the settlement covers future earnings, since Cirque's public hostility against Cusick over the last year led him to decide not to return to work for the company. "I wish none of this had ever happened, but if it had to happen I'm glad it ended with such a strong settlement that will impact other companies," Cusick said. "I look forward to opening a new chapter in my life." # # # At the same time as the Lambda Legal notice went out (April 22), a press release was also issued by the Los Angeles Office of the U.S. Equal Employment Opportunity Commission, the body that negotiated the settlement. By and large it repeats what was already in the Lambda release, but added some additional details. Selected paragraphs from the release follows: "In addition to the monetary payment to Mr. Cusick, the negotiated settlement requires Cirque du Soleil to appoint an equal employment opportunity officer to oversee the annual training of its employees on the laws enforced by the EEOC, with an emphasis on HIV/disability discrimination, and to post a Notice in its workplace about the resolution of the case." "Under the terms of the agreement, Mr. Cusick will receive $300,000 in compensatory damages, the maximum allowed for an individual under the ADA; $200,000 in front pay; $60,000 in lost wages; and $40,000 in attorneys' fees. "I commend Cirque du Soleil for working constructively with our federal agency to resolve this matter prior to litigation," said Olophius Perry, Director of EEOC's Los Angeles District Office, which investigated the case and negotiated the voluntary settlement. "I encourage all employers who are faced with an EEOC administrative finding of discrimination to use our conciliation process to resolve the employment dispute quickly and efficiently." "Director Perry added: "Unfortunately, employers continue to have difficulty in recognizing what constitutes a 'direct threat' under the ADA, despite the fact that fourteen years have passed since the law was enacted. Employers must ensure that employment decisions are not based on myths or stereotypes, but rather, on reasonable medical judgments based on current medical knowledge." "In publicizing this case, Cirque du Soleil agreed to wave the EEOC's statutory confidentiality provisions which hold that the agency is strictly prohibited from confirming or denying the existence of charge filings, investigative findings, or resolutions unless or until the Commission files litigation against an employer." We were also able to get ahold of the complete agreement, which we present in its entirety later on in this issue! (For further information about the Commission see www.eeoc.gov.) ======================================================================= BEYOND THE BIGTOP: "Cirque Can't Trademark 'Cirque'" By: Keith Johnson - Seattle, Washington (USA) ======================================================================= The Fascination! Newsletter was also the first on the fannish Web to bring you the news that Cirque du Soleil had lost its case to trademark the word "cirque" and to prohibit Neil Goldberg's Cirque Productions (the presenters of "Cirque Ingenieux") from using "cirque" in their name. (Whew! We broke a LOT of news this month!) We did a Google search on the judge in the case, Lloyd D. George, Federal District Judge of the District of Nevada and found that he has engendered plenty of controversy. Critics charge he treats Hispanic and other minority defendants with less leniancy than others. He also gets lots of ink from the "Don't pay taxes because the IRS is an illegal entity and paying taxes is voluntary" folks for banning one of their favorite reference tomes. And for a Reagan-era appointed judge, one might have expected him to see it Cirque du Soleil's (the "big business" in this case) way. But his ruling seems to fall into line with other rulings on similar issues. Let's take a look at some of the claims made in the case, as presented in the article written by Liz Bentsen of In Business Las Vegas, and comment a bit, shall we? "The crux of Cirque du Soleil's argument was that its company and performances had come to be known by the moniker "cirque"..." --Hmm, that's true. In our newsletter, we use "Cirque" to refer to "Cirque du Soleil", though we're speaking to a specific audience. "The performance giant also claimed that Cirque Inc. aimed to capitalize on the popularity of Cirque du Soleil shows with similar performances." --Sounds true to me. Success breeds imitation. Trading Spaces or any of its clones, anyone? "Cirque Inc., which does business as Cirque Productions and has offered a touring show called "Cirque Ingenieux," argued that "cirque" is a generic word because it is the French word for "circus" and therefore isn't a protectable trademark. Cirque Inc. also said that the "cirque" name is a term that has preceded Cirque du Soleil by hundreds of years and has been used to describe a type of circus popularized in Europe that doesn't use animals and incorporates dance, visual arts and other art forms." --Historically accurate. "In its suit, Cirque du Soleil argued that the moniker "cirque" is protectable as a trademark because it has become "synonymous with Cirque du Soleil." "Due to extensive use, the Cirque mark has become well-recognized, famous and firmly associated with Cirque du Soleil and its performances in the minds of the American public," the suit said." --I would have to say that's true. "The company produced consumer surveys to illustrate the point and also asserted that Cirque Inc. began capitalizing on the cirque name only after Cirque du Soleil became a well-known brand and intentionally copied the Cirque du Soleil look, confusing customers into thinking they were seeing a Cirque du Soleil show." --Got that right! How many times have we had to remind friends that Cirque Ingenieux (or something else that blew through town calling itself "Cirque something") wasn't Cirque du Soleil? "The judge ruled: "If a foreign term is generic at the time it is introduced to the American consumer, the term cannot be subsequently acquired for exclusive use." --Not quite sure that was the case with the word "cirque" in the U.S. marketplace though. I think most Americans first hear the word "cirque" as part of the name "Cirque du Soleil." "In a ruling dated April 5, George said the only similarity between Cirque du Soleil's trademarked name and the names used by Cirque Inc. to describe its business was "cirque"-- a generic word. "The non- generic portions of the various marks are entirely dissimilar," George ruled." --That would be true, too. This wouldn't apply to "highly similar" names such as "Cirque du Rockeil" the Las-Vegas based Rocky Horror convention that got a cease and desist letter from Cirque du Soleil as we reported a while back. "The decision prevents Cirque du Soleil from pursuing a trial to resolve disputed facts in the case and opens the door for the troupe to appeal the ruling to the 9th Circuit Court of Appeals in San Francisco." --Which, according to folks we've spoken with appears likely. There are wider implications here, one source noted. Of course, if we hear of an appeal we'll keep you informed. ======================================================================= SPECIAL ENGAGEMENT: "Cusick Conciliation Agreement Legalese" ======================================================================= It's chock full of legal-speak, but for those interested in the Cusick case and its outcome we thought you might want to see the agreement in full. Within these pages is the exact agreement between Cirque du Soleil (Respondent) and Matthew Cusick (Charging Party) in the matter with the Equal Employment Opportunity Commission (EEOC). # # # An investigation having been made under Title I of the Americans with Disabilities Act of 1990, by the United States Equal Employment Opportunity Commission (EEOC), and reasonable cause having been found under Title I, the parties do resolve and conciliate this matter as follows: CONCILIATION AGREEMENT Charge No. 340-2003-10938 I. GENERAL PROVISIONS 1. This conciliation agreement fully and completely resolves all issues arising out of Charge #340-2003-10938 through the effective date of this agreement. The EEOC and the Charging Party will take no further legal action with respect to, and will not initiate any action pertaining to, the facts and events which led to the filing of the charge. 2. Nothing in this Agreement shall be construed to preclude EEOC and/or any aggrieved individual(s) from bringing suit to enforce this Agreement in the event that the Respondent fails to perform the promises and representations contained herein. Neither does it preclude the EEOC from filing charges in the future concerning events occurring after the execution of this conciliation agreement. The EEOC shall determine whether the Respondent has complied with the terms of this agreement. 3. The parties agree that this agreement may be specifically enforced in court and may be used as evidence in a subsequent proceeding in which any of the parties allege a breach of this agreement. 4. EEOC reserves all rights to proceed with respect to matters like and related to these matters but not covered in this Agreement and to secure relief on behalf of aggrieved persons not covered by the terms of this Agreement. 5. The Respondent agrees that it shall comply with all requirements of Title I of the Americans with Disabilities Act (ADA) of 1990, the Age Discrimination in Employment Act of 1967, as amended, Title VII of the Civil Rights Act of 1964, as amended, and the Equal Pay Act of 1963, as amended, as well as any other applicable laws or regulations of the jurisdiction in which Respondent conducts business. 6. The Parties agree that there shall be no discrimination or retaliation of any kind against any person because of opposition to any practice declared unlawful under the Title I of the ADA; or because of the filing of a charge; giving of testimony or assistance; or participation in any manner in any investigation, proceeding, or hearing under any statute administered by the EEOC. 7. This agreement constitutes the good faith, fair and equitable settlement of disputed claims. Respondent's entry into and performance of the terms and conditions of this agreement is not and shall not in any way be construed as an admission by Respondent of any wrongful act, acts of discrimination, violations of any federal, state, or local law, or that any treatment of Charging Party or any other person was unwarranted, unjustified, discriminatory, or otherwise unlawful. 8. The Respondent agrees that EEOC may review compliance with this Agreement. As a part of such review, EEOC may require written reports regarding compliance, may inspect the Respondent's premises, interview witnesses, and examine and copy documents. EEOC agrees it shall provide Respondent with written notice of any requests for information and or inspections and shall allow Respondent reasonable time to respond, which shall not be less than ten business days. 9. The effective date of this agreement is the date that the last signature is affixed to this agreement. 10. This agreement shall remain in full force and effect for two years subsequent to the date of its execution. If the Respondent has failed to meet any of the provisions in the agreement at the end of the two years, the duration of the agreement may be extended. II. GENERAL RELIEF 1. Respondent agrees that it shall not engage in any employment practice that unlawfully discriminates against an applicant or employee based on disability, record of a disability, or perceived disability. Specifically, Respondent will not refuse to hire an applicant because of disability; discharge an employee because of disability; or subject an individual to different terms and conditions of employment because of their disability. 2. Within seven days from the effective date of this agreement, Respondent will appoint an EEO Officer to oversee the implementation and fulfillment of this agreement. 3. Within ten days of the effective date of this agreement, Respondent agrees to issue a policy statement to all employees affirming its strong affirmation of anti-discrimination laws and its zero tolerance for employment discrimination. Specific reference will be made to Title I of the ADA which prohibits employment discrimination on the basis of disability and prohibits retaliation for opposing any form of employment discrimination for filing a complaint, testifying, assisting in or participating in any manner in an investigation, proceeding, or hearing regarding any form of employment discrimination. 4. Within thirty days of the effective date of this agreement, the Respondent agrees to produce a training schedule for the conducting of at least three hours of annual EEO training specific for its Supervisors and Managers and those individuals in the Human Resources departments. Such training shall be provided by an instructor who has specific experience and education in Human Resources and EEO laws. Supervisors and Managers will be advised that their failure to abide by the Respondent's anti-discrimination policies and federal laws prohibiting such discrimination will result in their discipline up to and including discharge. 5. Within thirty days of the effective date of this agreement, Respondent shall begin providing at least two hours of EEO training to all employees. The training shall have an emphasis on the ADA law including the hiring of individuals with disabilities and the providing of reasonable accommodations in compliance with the ADA and sensitivity training regarding working with individuals with disabilities with a special emphasis on HIV/AIDS. Company-wide EEO training shall be given annually to all employees. 6. Within thirty days of the effective date of this agreement, Respondent agrees to include EEO training as part of the new employee orientation to all new employees. 7. Throughout the effective date of this agreement, Respondent agrees to keep logs of the names, position titles, dates and times of attendance for all training attendees. Copies of the logs will be provided to the EEOC on a quarterly basis. 8. Within ten days of the effective date of this agreement, Respondent agrees to post :"Notice to Applicants and Employees" which is identified as Attachment "A" to this agreement. 9. Within thirty days of the effective date of this agreement, Respondent shall produce a copy of its' policy complaint with Title I of the ADA law, with a special emphasis on reasonable accommodation and hiring practices. 10. Throughout the term of the agreement, Respondent agrees to maintain applicant flow and hire data of all its positions. III. CHARGING PARTY RELIEF 1. Within ten days of the effective date of this agreement, Respondent also agrees to pay the sum of $300.000.00 in compensatory damages to Charging Party. This payment by Respondent shall be reported on IRS form 1099 issued to Charging Party, and Charging Party agrees that any and all tax liability resulting from said payment shall be solely Charging Party's responsibility. 2. Within ten days of the effective date of this agreement, Respondent agrees to pay Charging Party the sum of $200,000.00, representing front pay for approximately five years. It is agreed that this sum to be paid by Respondent has been precipitated by Charging Party's refusal to accept reinstatement offered by Respondent. This Payment by Respondent shall be reported on IRS form 1099 issued to Charging Party, and Charging Party agrees that any and all tax liability resulting from said payment shall be solely Charging Party's responsibility. 3. Within ten days of the effective date of this agreement, Respondent agrees to pay Charging Party lost wages for the time period of 4/4/03 to 3/4/04, in the amount of $60,000.00 which includes $1,333.43 in interest. This payment by Respondent shall be reported on IRS form 1099 issued to Charging Party, and Charging Party agrees that any and all tax liability resulting from said payment shall be solely Charging Party's responsibility. 4. Within ten days of the effective date of this agreement, Respondent agrees to pay Charging Party's Attorney fees in the amount of $40,000.00. This payment shall be reported by Respondent on IRS form 1099 issued to Charging Party's Attorney. IV REPORTING REQUIREMENTS 1. Within ten days of the effective date of this agreement, Respondent agrees to provide the Director of the EEOC's Los Angeles District Office, Attention: DJ Lichten, Federal Investigator: A. Confirmation of the payment of the Charging Party's individual monetary relief and the payment of Attorney's fees referenced herein. B. Confirmation of the appointment of an EEO Officer. C. Copy of the Non-Discrimination Policy Statement issued to all employees D. Confirmation of the posting of the "Notice to Applicants and Employees" referenced as Attachment "A" to this Agreement. 2. Within sixty days of the effective date of this agreement and on a quarterly basis thereafter, Respondent agrees to provide the Director of the EEOC's Los Angeles District Office, Attention: DJ Lichten, Federal Investigator: A. All documents in the training sessions referred to in part II of the Agreement, including but not limited to, any training manuals or outlines used. Copies of training materials specific to training on HIV/AIDS shall be shared with Lambda Legal for review. B. Copies of the training attendance logs which will contain the attendees names, position titles, dates and times of attendance for all training attendees. Copies of the logs will be provided for the EEOC on a quarterly basis with a list of attendees. C. All documents and correspondence should be mailed to the Equal Employment Opportunity Commission, 255 E. Temple Street, Fourth Floor, Los Angeles, CA 90012, to the attention of DJ Lichten, Federal Investigator. D. The data may be provided in summary form but the Respondent shall make available to the EEOC complete copies of all underlying documentation for review and inspection, upon request by the EEOC. # # # The document concluded with the signatures of Cirque du Soleil, Matthew Cusick, and Olophius E. Perry, Director of the Los Angeles District Office of the EEOC. For further information visit the EEOC at < www.eeoc.gov >. ======================================================================= PARTING QUOTE ======================================================================= "I would have wanted not to die. I would have wanted never go grow up. I would have wanted to unearth all buried grief. Will I ever have the courage of my indignation?" -- Quidam (Programme) ======================================================================= SUBSCRIPTION INFORMATION ======================================================================= Fascination! is a monthly newsletter, available only through sub- scription. To subscribe, please send an email to: < CirqueFascination- subscribe@yahoogroups.com >. To unsubscribe, please send an email to: < CirqueFascination-unsubscribe@yahoogroups.com >. To view back issues, please visit our Yahoo! Group address at: < http://groups.yahoo.com/group/CirqueFascination/ >, login using your Yahoo! ID (required) and select the Files menu option. If you have any questions, feel free to email us at: < CirqueFascination- owner@yahoogroups.com >. Have a comment, question or concern? Email the Fascination! Newsletter staff at: < CirqueFasincation-owner@yahoogroups.com >. We are anxious to hear any and all comments! ======================================================================= COPYRIGHT AND DISCLAIMER ======================================================================= "Fascination!" is Ricky Russo, Keith Johnson, Paul Roberts, and Wayne Leung. "Fascination! Newsletter" is a concept by Ricky Russo. Copyright (c) 2001-2004 Ricky Russo, published by Vortex/RGR Productions, a subsidiary of Communicore Enterprises. No portion of this newsletter can be reproduced, published in any form or forum, quoted or translated without the consent of the "Fascination! Newsletter." By sending us correspondence, you give us permission (unless otherwise noted) to use the submission as we see fit, without remuneration. All submissions become the property of the "Fascination! Newsletter." "Fascination! Newsletter" is not affiliated in any way with Cirque du Soleil. Cirque du Soleil and all its creations are Copyright (c) and are registered trademarks (TM) of Cirque du Soleil, Inc., and Créations Méandres, Inc. All Rights Reserved. No copyright infringement intended. =======================================================================