Christian Death was highly influential in the development of deathrock, as well as on the American gothic scene. On April 18th, the documentary screening as well as a star-studded lineup of former band mates takes the stage at the United Theater in Los Angeles. Rikk Agnew and Gitane Demone were gracious enough to fit some time into their busy schedules and answer a few questions about Christian Death, Rozz, their musical journey and what’s coming up.
With the upcoming Romeos Distress documentary and reunion coming up, what are you looking forward to most of that night?
Rikk: Playing the Only Theatre of Pain songs with James McGearty, especially. It’s been a long time.
Gitane: playing Catastrophe Ballet, Ashes selections with David Glass, Kenton Holmes,
Patrik Mata, William Faith and Paul Roessler.
And of course, watching the documentary!
How has the scene survived and evolved through your eyes?
The goth/deathrock scene has definitely survived- there are club nights all over-even in the desert. Usually the same-ish collection of songs from the earlier days- not so progressive there, but live there are bands with new elements, styles that fit the genre. Batnoise, V.E.X. are avant-garde and refresh the scene.
What is your favorite memory or unknown fact about Rozz?
Rikk: Rozz impersonating the Price Is Right game show host Bob Barker on tour in Montreal.
Gitane: He tried to help me drive- he doesn’t- I was sick, we were stuck in a forest in Amsterdam. He used his hands on the clutch pedal and accelerator on the floorboards. So endearing, but to no avail. We ended up half the night by a lake, cold & watching ducks fly by in the moonlight.
You have both been in numerous defining bands over the years Adolescents, Pompeii 99, Christian Death, D.I., Social Distortion, Detours, 45 Grave and the list goes on, which recoding means the most at present time?
Rikk: Detours, in ‘77 to present.
Gitane: Recording “The New Young Kings of Midnight” with Paul Roessler, our ‘24 release.
Congratulations Rikk on the UK vinyl release of “All By Myself” any plans for Frontier to release in the US?
Rikk: Actually, it IS released on vinyl in the U.S.
“Dream Home Heartache” is an amazing album Gitane, what do you remember of the album’s reception besides the riot?
Gitane: The album was embraced; it was said we “invented” a Cabaret Noir genre (of that I’m doubtful). Playing it live was interesting, we made a kind of salon atmosphere with table and chairs, lamps, candlesticks, drinks, and took turns singing. People liked it or didn’t.
Are there any plans for a Gitane Demone Quartet tour?
We’re rehearsing, but no plans until Rikk is recovered from his illnesses.
The Agnew film is an amazing story. Are there plans to be released across the US? You and your brothers have left a legacy in the scene, which song are you most proud of you wrote? Which song is the most fun to perform?
Rikk: The filmmaker Gabriel Zavala, would like to show it everywhere. Otherwise, it will be streaming at some later point.
All of em I’m proud of, and all of em are fun to play!
What or where do you find inspiration now?
Rikk: Flowers, the planets, coz they’re pure.
Gitane: Ancient life, and dreams of it.
What bands do you see keeping the scene alive?
Rikk: New bands. Otherwise it would be rehash.
Gitane: Old bands or artists that have survived with artistic integrity and continue developing, and new bands that have the same integrity with something original to offer.
What’s next on the horizon?
We’re rehearsing, but no plans until Rikk is recovered from his illnesses
Final question you both played a part in amazing bands, had success as solo artists and impacted so many musicians and fans around the globe, what do you want to be remembered for creating?
I recently had the chance during NAMM to catch up with OG Adolescents and current Narcoleptic Youth guitarist JOD to discuss what it was like being part of the first Orange wave to invade the LA scene, what the future holds and the release of Agnew
Being part of the Adolescents and the first wave of OC punk playing LA what was the initial reception like?
When we started playing, there were hardly punks around, much less punk bands. At first, we would play parties and whatever gigs we could get. These gigs, more often than not, would end in fights or some kind of violence.
The high school I went to was a big “football jock” school. Most of my friends were either the guys on the swim/water polo team, who were mostly all from the beach and big fans of the Crowd, or the people I knew from punk rock parties or gigs. We were asked to play a lunchtime student council assembly. Once we started to play, the jocks got up (obviously planned ahead of time) and started walking out. Tony started yelling at them and threw the mic stand in their direction. That was answered with a barrage of lunches our way. Frank and I ducked behind our amps and poor Steve took the brunt of bananas, milk, sandwiches, and more. It turned into a riot, basically. The funniest part of that story is, at the next student council election, one of the candidates promised “No more punk rock concerts at lunch!” and the crowd went wild!
One of the first “LA” clubs we started to play at regularly was The Fleetwood in Redondo Beach. We played several times with the Circle Jerks, but also The Germs, Fear, and the like. There was never not some kind of police action and blood there. The slam pit there, and at most places in those days, was a place you’d rather not be. There was none of this “Her bro, let me help pick you up!”. It was every man for himself and pretty violent.
What were you favorite LA clubs back then?
We were really an OC product, so I’ve got to say the Cuckoo’s Nest was one. Jerry was the real deal and threw gasoline on that original fire we were starting. The Nest, like The Fleetwood, was not a place where everyone was welcome to “dance” in the pit. It was more like one of those barroombrawls you see in Western movies.
The Fleetwood, too, was a favorite. It was basically an emptied out supermarket on the waterfront.
How has the scene evolved?
The playing has definitely improved, which is not to say there weren’t amazing musicians around back then.
It has also somewhat democratized with the rise of digital audio and video, although I think that may be much less a factor in our scene, cos we were pretty DIY from the start.
In the early days, at least around here, punk rock was kind of a refuge for the misfits, people who were sick of the “Stairway ToHeaven’s” and “Yes” albums, weirdos, artists, and even the mentally ill. Pretty much everyone was welcome in our “us-against-the world” mentality. The today’s “evolved” scene will never have a conception that. Hearing Johnny Ramone on that first album when the alternative to that point had been Lynard Skynyrd. Saving you money to buy “Give Em Enough Rope” cos that first Clash album blew your mind. Staying up late to listen to Rodney On The Roq cos he was the only place on air that played anything punk. Probably any early scene is like that, but it is amazing where we are even around today. We played an all ages sold out show last weekend and I saw so many people having the time of their lives, from little kids with ear protection to and older lady who thanked me because, although she had “been to hundreds of concerts” this was her first punk one and she loved it. Very different from blood and police every night…
The Blue album has become a staple in the genre, which song is your favorite to play?
“Kids” may be my favorite because, on top of being literally about us, it is brilliantly written. When Rikk and Casey came over from the Detours, they brought a musical sophistication, for lack of a better word, that wasn’t there before. “Kids” has the dynamics, the harmonies, and the advanced structure that kind of summed up the best of the musicality of the scene. Rikk perfectly nailed the octave over fifths harmony like no one had. Musically, you could say the same for “Amoeba”, but “Kids” take it for me ‘cos we literally were the KOTBH. They are all a blast to play because I truly feel that the songs and the sequencing work together to bring you back to those days like very few others, which is great even if just for the evening.
“Kids of the Black Hole” means what to you?
KOTBH is kind of symbolic of those early days of Fullerton punk rock. It was a place we could hang out with like minded people, all there for their own reasons, and do what we wanted, for better or worse. Despite the amount of people that “were there. In reality, there were very few. The original BH was next door to the one referenced in the song. Mike’s mom lived there. There was a couch, a record player, and a Pistols and a Clash poster. We used to hang out and learn songs there. Mike actually taught me that lead to “Anarchy In The Uk” on that couch! Before too long, Mike’s Mom got sick of all the lurkers at every hour and Mike moved to the apartment next door, the Black Hole. Once that happened, it wasn’t too long before Fullerton PD was on to us.
When you were in the Yeastie Boys, many clubs banned booking the band. How did that alter the course of the band?
It really didn’t. There were so many clubs that loved us. We brought the party and that meant lots of booze sales! YB founder, Dirt Clown, was moving out of state and that was the end of that. Around that time, Casey and I had recorded a couple things together and were discussing doing the Radolescents. Things picked up very quickly after our firtstgig, so I would have had to leave anyways.
How did joining Narcoleptic Youth happen?
I’ve known the NY guys for some time through playing gigs together over the years and always got along when we hung out. Jason (NY guitar) and I often found ourselves us doing guitarstuff of some kind, playing them, bullshitting about them, watching You Tube videos about them, etc.
Someone mentioned that maybe I should learn a certain set list, so I did. When the word came, we had a couple rehearsals, the first gig and it went well, and here we are. It seemed to me like the band was pretty business-like, which I can totally respect, cos that’s how I handle things too.
The Agnew film is an important story for the scene in my opinion, why do you feel it is? How long have you known the family?
I’ve known the Agnew’s since probably 1978 or so. Rikk was a little older than me and already legendary in the early punk and pre-punk Fullerton scene. He had been in and out of SD, Mechanics, Naughty Women, you name it. Frank was a couple years younger than me and also kindalegendary in his ability to play anything and play it perfectly. When Steve decided to leave Agent Orange, he and I were working together and he hit me up to join him in this new band. Frank on guitar was a no-brainer. Steve knew Tony better than Frank and I, so that’s how we started.
Alfie, I came to know later, as he was quite a bit younger than I and he also wasn’t around for a bit cos he was busy becoming a doctor!
The Agnew story is a story that hasn’t been told and it really should be. In the small pond that is OC, everyone knows about the Agnew’s but, if you think about the big ocean of the rest of the world, probably not so much. If three brothers that are that talented and have accomplished so much isn’t a compelling story, I don’t know what is!
What’s a story or an unknown fact of the Agnew brothers?
Radolescents singer Frankie (Frank Sr’s son) was not born when the Blue album was released.
Alfie and his team discovered proof that black holes (ironic, huh?) generate gravitational waves (or something like that)
What’s bands you shared a show with are you surprised didn’t blow up or become more well known?
The one I’m most surprised didn’t blow up was The Mechanics. These guys did not have a bad song. Too punk for rock and too rock for punk, they were probably ahead of their time. Tim Racca (guitar) really developed that octave over power chord thing that so many attempt, but don’t realize need good songwriting to complete the puzzle. Sandy their drummer, now with Agent Orange, could play with any touring/recording band he wanted, you name it. Scott had the perfect voice, phrasing and lyrics for those killer tunes.
For that matter, why isn’t Agent Orange bigger than they are?
What’s bands are you listening to now? Looking on my iTunes and see the latest on the history
Amyl and the Sniffers: At first, I didn’t get them, but I gave it a second chance and now I’m listening to every album all the way through. Love the energy and attitude.
The Wildhearts: Heard them described as Metallica meets Cheap Trick. Kinda. They put out a lot of material, the least of which is pretty good, the best of which is mind blowing.
The Skulls: Dug back into these guys since we’re playing with them this year at the Dr Strange Summer thing. This is what a punk rock band should sound like.
The Damned: Not really digging the new one, but Darkadelic is amazing and I’m happy to say that about a band who had so many classic albums so long ago. Got to hang out with them in San Francisco when I went up there with openers, The Detours last year.
Gojira: I’m fascinated how that guy makes that weird guitar squawk thing.
Earth: Never heard of them and don’t know anything about them, but read that their album “Hex; Or Printing in the Infernal Method” was inspired by one of my favorite books Cormac Macarthy’s Blood Meridian. Very atmospheric. If you’re in the mood, it’s perfect.
Nick and Joe Fuoco presents Metal Mayhem New Years Eve party Wednesday, December 31st at The 3 Clubs 1123 Vine St, Los Angeles, CA 90038 12 bands.2 stages.3 rooms.GoGo Dancers. DJS.champagne.party favors.drink specials. Vendors.food trucks.VIP Tables and bottle service available Featuring: Michael Angelo Batio band, Nightmare The Alice Cooper Tribute, Little Caesar, plus many more
Pop culture is not a smooth evolution. It is a pendulum, heavy and rusty, crashing from one extreme to the next. For nearly twenty years that pendulum stayed buried in the dark. We lived through an age where superhero films equated maturity with misery, grit with realism, and hope with childishness. Christopher Nolan set the template. Gotham became a post 9/11 fever dream, a city where justice arrived wrapped in trauma and Kevlar. Brilliant, yes, but also a tonal gravity well.
Then came Man of Steel, which did not only borrow Nolan’s mood but amplified it into operatic devastation. Snyder’s Superman was beautiful and brooding, mythic and distant. He punched through skyscrapers like a god in the middle of a nervous breakdown. He saved so few people that Batman had to join the franchise just to file a complaint, and kind of kick his ass, at least until he heard the now infamous “Martha.” Metropolis stopped feeling like a city and started feeling like collateral damage with a ZIP code.
This version of heroism, tragic and violent and hollowed out, did not emerge in a vacuum. It arrived in a decade infected by a political virus that chewed through norms, decency, and the social contract. It trained us to fear outsiders, to distrust empathy, to see cruelty as strength. It demonized immigrants while selling patriotism like a counterfeit cure. And culture, being a mirror, reflected that sickness back at us.
Hope collapsed. Cynicism became currency. Optimism became the punchline.
But here is the twist no one saw coming. Optimism became the most rebellious thing in pop culture.
That is why the new Superman movie hits like a Molotov cocktail filled with super powering sunlight.
This film turns away from the rubble and steps into the day. It does not apologize for sincerity. It does not wink or smirk to reassure us that it is self-aware. It offers something far more dangerous. A Superman who actually saves people. A Superman who believes in connection. A Superman whose power is measured not in collateral damage but in compassion.
In 2025 that is hardcore.
THE CULTURAL COMEDOWN FROM DARKNESS
To understand why this film feels revolutionary, you must track the psychology of the genre. Nolan’s films were a response to real fear, surveillance, terror, uncertainty. They made sense. But instead of evolving, superhero cinema froze around that fear until the only stories we told were soaked in shadows.
Snyder’s Krypton was a war zone, and his Earth was not much better. His Superman felt less like an immigrant and more like a walking natural disaster trying not to sneeze. It was gorgeous, operatic filmmaking, but it was also the kind of storytelling a culture turns to when it is exhausted and angry and convinced the future is already lost.
Then came the real-world years of institutional decay, weaponized cruelty, and walls built not from concrete but ideology. We were told to fear people crossing borders. We were told outsiders threatened our way of life. We were told that humanity was a closed club and that compassion was naïve.
Which is ironic, because Superman, the greatest hero ever created, is a literal undocumented alien.
But that truth got buried beneath the noise. Until now.
THE NEW SUPERMAN MOVIE. HOPE AS COUNTERCULTURE
The new Superman film snaps the pendulum free and sends it arcing back toward the light. It shows us a hero who runs into burning buildings instead of using them as set dressing. A hero who does not treat humanity as a species to observe, but a community to protect. A hero who speaks softly, stands his ground, and shows up when it counts.
What is shocking is not the spectacle. It is the sincerity.
In an age where irony is the default and cynicism is the algorithmic drug of choice, sincerity is subversive. Optimism is anti-authoritarian. Genuine hope, unbranded and unmonetized, is punk rock.
This Superman does not brood on rooftops. He listens. He helps. He engages. It feels forbidden, almost dangerous, because we have been conditioned to believe that gentleness is weakness and that compassion is politically inconvenient.
This film says no. Hope is not retreat. Hope is revolt. Hope is the refusal to let the darker timeline win.
SUPERMAN THE HUMAN, SUPERMAN THE REBEL
The new film rejects the old idea of Superman as an outsider peering in. It insists on something louder, riskier, and more intimate. It insists that an alien can be fully and defiantly human. Not genetically, not legally, but in the ways that actually matter. Compassion. Responsibility. Connection. Choice. The movie argues that humanity is not a birthright. It is a practice. A discipline. A decision you make every day to give a damn. And Superman, more than anyone, chooses it relentlessly.
This reaches its peak in the final confrontation with Lex. It is not a brawl or a demolition derby of gods smashing cities. It is a philosophical knife fight. Superman stands there, grounded and unmasked in every sense, and delivers the most radical line of the entire genre.
“I am as human as anyone.”
It is not denial. It is defiance. A rebel yell of belonging. In that moment he is not the Other. He is the reminder that humanity is big enough, generous enough, and hopeful enough to include even someone who arrived from the sky in a rocket. The rebellion is not in claiming difference. The rebellion is in claiming kinship.
THE FUTURE IS BRIGHTER THAN THE DARKNESS WANTS
The new Superman is not nostalgia. It is a counterpunch. A bright, defiant, immigrant hearted answer to a decade of darkness. A reminder that kindness is not weakness, empathy is not naïve, and hope is not passive. Hope is action. Hope is resistance. Hope is a fist raised in the sun.
And right now, there is nothing more punk rock than a hero who still believes in us and who stands tall enough to say, without fear or apology, “I am as human as anyone.”
About the Author
Marke is the producer and co-host of the Saturday Morning Cereal Podcast, the show that celebrates the themes of Saturday Morning TV that we not only grew up with, but that grew up with us. He and the team talk with the talent and creatives who continue to shape the pop culture we love.
Hosted on Spreaker.com. Subscribe wherever you get your podcasts, and visit mattypradio.com for more episodes, interviews, and Comic-Con and pop culture coverage.
Heart wrenching sounds of 13 kitties pulling on heart strings crying out-loud in despairing sadness, lost, scared confused confiscated felines suddenly caged 2 x 2 like Noah’s Ark in precipice subsequent relinquishment at an overcrowded a high-kill animal shelter. Once upon Ms. LaLa’s passing, who is my dear friends’s lifelong besties. suddenly passed away ending her battle with cancer. Rip LaLa. Their bestie bond of lifelong friendship remain through the realms. A precious commodity in these last days and times. But now her fur babies could become ghost kitties due to overcrowded Shelter. Ms. LaLa was an amazing animal activist with such a beautiful soul and her Bestie was honorably there to see all of her last wishes through. A Hail Mary would definitely be needed to beat this very time sensitive demise with us left facing only uncertainties. Ultimately this is when true character is revealed in scenario. United by compassion, strangers became allies. And the prayer chain begins. As I see Felix, the cat clock on the wall of her apartment wall tick tock tick tock. Everything doesn’t stop in life. Everything but time stops. Seated near empty cages I inadvertently recorded the haunting meows of felines past nightmarish screeching, some pissed off and mad as hell and some shakingly scared whimpering alone in the afterlife. That didn’t sound like no rainbow bridge to me. The sounds seemed to emanate from the beyond and still is etched into my being to this very day fourth forevermore. We reached out to friends but it was strangers that became allied missionaries of rescue. Team Hail Mary. An old acquaintance rescued a few of the fur babies. Then another friend stepped up saving five more. LaLas Bestie took the remainder. There are still 2 amazingly kool kitties available for adoption currently. A student wanders in looking for a cat and fell in love with one of the contained kittens in the cat house rescue center that literally had my shirt in it’s paw paws with his arms through the cage relentlessly holding on to me. A huge large room of furies waiting for their great escape. And there’s that Felix the cat clock on the wall but now there’s like endless wall space full of them! We took that as a reference sign that we’re going in the right direction. As fate would have it, this students father used to call her LaLa and she decided to rescue one of the felines and name it LaLa. Unbeknownst to her, I would soon tell her a tailspin that would blew her mind. We formed a profound bond that transcended words. Ultimately, we saved all thirteen felines from an untimely demise. We all connected like kindred spirits. 13 felines on the brink of a devastating fate yet, their story became a testament to the transformative power of compassion. Human character united by empathy cast strangers into allies. We rallied like-minded individuals, forming an unbreakable bond. A poignant coincidence? Together, we achieved mission impossible. Saving all 13 kitties precious lives from an untimely demise. This experience forged a testament to the profound impact of unwavering unity of like-minded individuals together can achieve profound impacts of collective action free spirit compassionate not dictatorship of ease. Heartwarming unwavering dedication of strangers in Unisom by empathy exemplified the hauntingly cats meows screeching echos through the unallied chaos. An unbreakable achievement over once impossibilities. “As I looked into the eyes of all 13 kitties. I knew we were part of something especially Spooktacular.” Unity is rescue. 2025 Tale spin of tails. Testament is a spiritual reminder. Love knows no bounds, nor limits. We navigate lifes escalator with our intentions. Giving selflessly is true fulfillment. Honor thy beloved. We all are kin. Unconditional love transcending death that only can come from within when we choose to elevate, alleviate, and appreciate. Whence We rise above societies darknesses. Slipping through the grip is true escape. Rewire your grind. Houdini level. This is a story of 13 ghost kitties on the brink & a day in of the life of that metal chick poetics. We visited LaLa,I took her a fruit basket. She like my style. Im spicy like her. She notice her surroundings from my head to my baby doll socks. we shared laughter not tears. This death doula vibeness reached new perspectives. LaLa’s bestie Bonnie gathered all Lala’s requested favorite things of variety. That’s a true gift of real love. Common ground matters *The strangest thing along the way was that my phone recorded various erie sound events of “ghost kitties” meowing from empty cages, as if they’re calling out from the great beyond. Rethink that next time you turn blind eye to depop agenda. Life reminds us that strangers can become our closest allies. The universal bond transcends words. *As fate would have it, LaLa, the newly adopted kitty, ran away from the students dormitory….. Somehow we managed to feel she was safe As for me, Ill choose to believe that its LaLas spirit animal still running wild & free.
Music ignites the souls of plenty, and for those hearts it hits, it is quite impossible to imagine any other humans that can’t relate. Despite tragedy, despite chronic illness and loss, music gives many of us the strength of Superman along with the will to carry on. 2025 has been a year of successful tragedy from Ozzy Osborne’s Back To The Beginning farewell concert on July 5th, to Ozzy’s funeral on July 30th.
No matter how big or small Ozzy Osborne’s presence was in any individual’s life, the silence of sadness still sweeps over the world. What have we all gained from this experience that hit some of us as hard as the death of our childhood? Well, in addition to our solid unforgettable recollection of where we were and what we were doing when we learned of Ozzy Osborne’s death, the birth of awareness of the roots of heavy metal to the next generation has begun.
The freshly released film titled “Ordinary Man,” serves as a great documentary for those trial and tribulations of Ozzy Osborne’s last few years. His family and fans were always holding him up as high as they could, and through all the pain, suffering, and laughter, he still never really let them down. His final concert gave every fan closure of that legendary existence that he so timelessly lived. He truly lives on inside of us all.
As none of us are getting younger, including the Gen Z club, there is much to be passed on to create some tolerability and release of life’s daily stresses to the youngsters of today. Ozzy Osborne has massively paved the way with his collaborations and teachings to younger artists such as Yungblud and Post Malone which he felt it an important duty to give to the future of heavy metal. Some of the older blooded heavy metal artists have found it difficult to accept that 2025 will never be the same as 1975. None the less, awareness of the classics to influence the future is certainly a great step one. Legends must go on, rock and roll, and heavy metal are just two of those.
The Rainbow Bar And Grill, which has served musical artist meet ups and spawned celebrity collaborations for years, is still a viable breeding ground for the old die hard rocker club to pass along their knowledge of what makes a great rock and roll or heavy metal band thrive to the young coming of age crowd. As it happens, anyone who attended the recent debut Rainbow Bar show with “The Tragics” has certainly seen the future of punk n’ roll. This band features the two sons, Sebastian and Julian, of long time LA rock n’ roll guitarist Ruby Carrera who has clearly trained them well. They are rocking out in the best way on vocals and bass with this fired up with fresh talent band “The Tragics.” If the energy of Iggy Pop and the charisma of glam rock had a baby, this would be an example of “The Tragics'” sound.
Moving on to 2026, don’t forget to explore the biggest music networking and technology producing NAMM event yet. NAMM is celebrating 125 Years of existence at the Anaheim Convention Center, CA January 20th-24th, 2026 commemorating this special milestone with expanded programming, and plenty of live tributes. A grand melting pot of all types of musical instruments, music genres, and musical artists through the decades is what breathes out of NAMM year after year. California has it’s perks, and 2026 will thrive in whatever the future of musical collaborations hold. So, stay metal and save your soul! RIP to our beloved Prince Of Darkness.
We’s back w/ Dan Crenshaw and this time he’s got a new solo project…HOW LONG THE NEW PROJECT’S BEEN AROUND?
DC: Crenshaw Band Started And Album Done Now Featuring Ira Black From Dio Disciples VIOLENCE ..Les Warner From The Cult ..Crenshaw On Lead Vocals ..Crenshaw Ira Black Doing Bass Tracks For Album..
WHATCHA DOING FOR NAMM?
DC: i’ll Be At Namm With Many My Rockstar Friends, We Get To Meet Up Usually once a year between our touring Schedules looking forward to it lots shows ill be doing guest spots
WHATCHA DOING AFTER NAMM?
DC: after namm tours being scheduled as we speak u.s.and europe.
ANY LAST WORDS FOR YOUR FANS?
DC: last words thank you all for supporting Garden Of Eden And Now Crenshaw Also Happy Holidays To All And Happy New Year .
I’m no lawyer, but I do know one of the exceptions to our 1st Amendment right to free speech is deceptive commercial speech, thus illegal. Las Vegas hotels advertise a $29 hotel rate but with a resort fee the total can be over $200. Since this fee is mandatory, it is not a fee, it’s more like fraud. Can I sue and get my money back?
Yes, you are correct. Deceptive commercial speech is unconstitutional in federal court. State court is a different matter. While federal law trumps state law, someone has to file suit to stopf this blatant illegal practice.
Mandatory resort fees are very deceptive. Instead of suing Caesars Entertainment, or MGM Entertainment, or Wynn, your best approach is to protest with your wallet. There are many laws that are illegal federally but considered legal in state court, or are simply ignored. A violation of your Civil Rights is an example. Las Vegas tourism over the past few years is way down, some estimates are close to 20%. Nevada gaming revenue has dipped as well. Social media has done a lot to expose the hidden fees, i.e., a $12 cup of coffee, a $15 dollar bottle of water, $30 parking fee, and the list continues. Nobody tells you when booking a room at Resort World that the pool closes at 6pm despite continued sunshine for hours. Close a pool? $20 can of beer? The resorts continue to pull ‘bait and switch’ tactics with hidden taxes. Nowhere else in the world does a bottle of beer, at the bar cost $10 and when receiving the bill the total is $11.87, because of taxes.They don’t want to round it to $12 because they’re playing you for stupid. Very few tourists are fooled by the hidden resort fees. Las Vegas continues to insult the public with revenue making parking fees, window fees, ATM fees, pool fees, and the fee scam goes on and on. Circa adult swim? More deception! No swimming allowed. Fifteen pool guards will insist you can’t go underwater or hold your breath. You can stick your feet in the pool but no swimming.
While there have been attempts to sue the state of Nevada over deceptive resort fees, most of these implemented laws are ignored and Nevada continues to impose deceptive advertising. One court case made the total amount (including resort fees) be included in the grand total.
Greed will prevail. The more straightforward resorts will see the customers flock to their hotels. Some say Las Vegas was better when run by the mob. I tend to agree. Don’t waste your time and money suing in federal court. Complain! Protest! Make youtube videos! Refuse to pay their ridiculous fees.
Yes, you are correct, deceptive commercial speech, e.g., resort fees are illegal. If you refuse to pay these fees.. maybe Las Vegas will learn a lesson and become more transparent, but don’t expect any change until Caesars, MGM Grand and Wynn learn their lesson.
As a wiseman once said, (OK, it was me!) Get the word out! The gig is up! The cat is out of the bag! Refuse to pay the resort fees and even consider going somewhere else on your vacation until there is a change in the law and a change in the system.
Have you got a legal question? Drop me a line.
Brent Lee Kendell, JD, CPA Brentkendelljdcpa@gmail.com
