
In Houston, the inertia of the long-awaited and widely-publicized civil trial connected to the tragic 2021 Astroworld Festival, where 10 lives were senselessly lost amidst a human stampede, was abruptly curtailed. The trial was initiated by a wrongful-death lawsuit filed by the family of one of the victims, Madison Dubiski, aged 23, whose life was tragically cut short during the fatal crowd surge that occurred during a concert by the rap titan, Travis Scott, on November 5th, 2021.
Previously, jury selection was set to get underway next Tuesday. However, the plans have taken a dramatic and unforeseen turn. Apple Inc., one of the more than twenty defendants scheduled to stand courthouse scrutiny next week, has lodged an appeal this week. Consequently, the commencement of jury selection was hit with the delay hammer.
State District Judge Kristen Hawkins, where the court episode unfolded, stated this Thursday, “Unless I hear differently, the trial is stayed.” Apple, which amplified Scott’s concert to a global audience by live streaming it, is challenging a ruling by Judge Hawkins, wherein she rejected the tech behemoth’s motion to be extracted from the lawsuit.
Apple’s approach to weaving its defense is particularly interesting. The company, headquartered in Cupertino, California, is banking on Texas legislation, insisting that it should be allowed to appeal Hawkins’ ruling because part of its defense features aspects of being a member of the electronic media.
Apple’s central argument underpins the fact that while live-streaming Scott’s concert, it was functioning within the capacity of an electronic media member, and thereby, its actions merit safeguarding under the umbrella of free speech rights.
One of Apple’s representatives, Attorney Kent Rutter, expressed to Hawkins during the Thursday court hearing, “It remains our position that our conduct is protected by the First Amendment.”
Surprisingly, just before the hearing concluded, Judge Hawkins revealed that she’d been informed of the appellate court’s refusal earlier that same day, denying the request lodged by Dubiski’s family’s lawyers to lift the stay. The attorneys representing the Dubiski family, including Jason Itkin, announced plans to challenge the denial, possibly escalating it to the attention of the Texas Supreme Court.
It is alleged by Dubiski’s family’s legal pros that her untimely death was a direct result of haphazard planning and a glaring indifference toward the festival’s capacity. They contend that Apple’s arrangement of cameras around the concert venue influenced barrier placement, subsequently shrinking available crowd space around the main stage.
Rutter, on the other hand, argued that their live-stream was a broadcast of an event enveloped in “significant public interest”, thereby, situating the company within the realm of media and news gathering.
Itkin, challenging this view, emphasized that Apple’s self-portrayal in business records is that of a manufacturer of smartphones and computers, with no acknowledgement of any news or news reporting affiliation. Noting that Apple News app works as a repository collecting stories from different news organizations, he add, “This is not a free speech case.”
Judge Hawkins, over the course of the hearing, exhibited skepticism regarding Apple’s claims about functioning within the context of electronic media, asking whether a livestream viewing animal activity in a zoo could be classified as news.
“Yes, it would be,” responded Rutter.
Post the tragic concert, more than 4,000 complainants lodged a barrage of lawsuits. The case of Madison Dubiski was handpicked by the litigation’s attorneys to be the first brought to trial. In addition to Scott and Apple, over 20 defendants, including Live Nation, the festival’s promoter, were marked as ready for trial this Tuesday.
Despite last year’s grand jury declining to indict Scott plus five others connected to the festival following a police investigation, the quest for justice continues.