Coeur d'Alene concert cancelation fallout continues

The city of Coeur d’Alene may review the language of its vendor contracts following a canceled concert series last year, with several vendors saying they lost money and the promoter threatening legal action. 

“We want to be fair to people, and we also have an obligation to try and protect people’s interests,” said Councilor Dan English. “It can be a tricky balancing act.” 

Councilor Dan Gookin said the city "could probably do more" to inform vendors of a canceled contract.

Bill Greenwood, Parks and Recreation director, said they would look into it. 

“We will certainly have that discussion,” he said during Tuesday's City Council meeting.

Several vendors told The Press they paid Tyler Davis of Davis Enterprises Inc. to be vendors at Live After 5 in the summer of 2024 at McEuen Park and didn't receive refunds when the concert series didn’t happen.  

Between them, they said their losses totaled about $30,000.  

Tricia Whitney, owner of Malvagio's, said the situation wasn’t just about financial losses, but the “principle of trust” they have in an event associated with the city.

She said she and other vendors were not informed the city terminated its contract with Davis Enterprises on June 18. 

Whitney was critical of Greenwood's response about what happened and said she trusted the city “to be protected, not dismissed.” 

“We were told in essence we were on our own,” Whitney said. 

Whitney said she was not asking the city to take responsibility for the situation but to provide “better oversight in the future.” 

“We ask for a commitment to a better process,” she said.

City attorney Randy Adams, in a previous email to The Press, wrote that the city entered into a five-year agreement with Davis Enterprises, Inc., on March 21, 2023. 

He said Davis Enterprises agreed to pay an annual refundable deposit of $5,000 and a permit fee of $1,200 per concert at least 30 days before the first event each year.  

In 2023, Davis Enterprises paid the refundable deposit but did not pay permit fees, according to the city. He began to miss required payments, the city said.  

Despite efforts to work things out, the city said Davis failed to meet the terms of the agreement, and a notice of termination was provided to Davis Enterprises on June 18. 

Davis, who spoke at Tuesday’s City Council meeting during public comment, said he wanted to give the city “an opportunity to avoid ligation that is undoubtedly coming your way.” 

“Guys, we’re not in breach of any contract,” Davis said. 

He said he sympathized "with Tricia and all the other vendors that were unintentionally harmed by this.” 

Davis said he ended last season about $50,000 in debt.

He said he spent $350,000 building the series into “something magical” over 12 years and donated $150,000 to nonprofits. 

“For your transgression and your premature termination of this agreement, you guys will be held liable," Davis said. "We're lawyered up, we’re ready to go, litigation will be filed. Mark my words.” 

Councilor Christie Wood asked Ryan Hunter, chief deputy city attorney, what options there were for the vendors who paid for the 2024 concert series. 

He said they could start with a civil suit against anyone they felt had breached a contract, or if they felt a crime occurred, they could file a police report. 

On Feb. 4, the City Council approved a five-year contract with Michael Koep to put on a free Wednesday night summer concert series at McEuen Park.

Councilor Kiki Miller said there were some “blurred lines” in the contract of who was responsible for what. 

“A lot of that needs to be tightened up, but this isn’t the place to do it,” she said. 

Gookin asked if the city would do anything differently if the new concert series falters. 

“We’ll have to discuss whether we want to have another Wednesday night concert series,” Greenwood said. 

Greenwood said he was sorry "for what has happened and transpired for all those businesses, but it’s really between them and Tyler."