Entertainment promoter Mark Givens has filed a federal, wrongful termination lawsuit against his former employer, the Murphy Arts District.
In the suit — which Givens’ attorney, David Price, filed June 10 in U.S. District Court, Western District of Arkansas —, Givens lays out explosive allegations that describe his time at MAD and various and sundry details about salacious activity, some illegal, that he said occurred behind the scenes of the private nonprofit organization — all wrapped in, as stated in the lawsuit, “the old adage of sex, drugs and rock and roll.”
The lawsuit came just three days after headliners were announced for MusicFest XXXII, which is set for Sept. 27 and 28 in downtown El Dorado.
Booking musical acts for MusicFest and other MAD events was Givens’ primary role as former vice president of talent and relations for MAD.
Givens went to work with MAD in late 2016 after being recruited from his 10-year post as executive director of Main Street El Dorado.
His first major assignment was to book talent for the five-day grand opening celebration of MAD in late September and early October of 2017.
Givens was terminated from his position at MAD position on Sept. 14, 2018, a day after he was arrested for public intoxication, stemming from an incident in which Givens allegedly commandeered a taxi that had driven him home from the MAD dining and entertainment complex while he was reportedly intoxicated.
According to El Dorado police reports,
the owner of El Dorado Taxi said that an employee of the Griffin Restaurant called for service, instructed him to drive Givens home and handed him Givens’ keys.
The taxi driver said that when he helped Givens to the front door of Givens’ former residence in the 2300 block of Pathway, Givens shoved him into the residence and drove away in the taxi, striking the driver as he backed out of the driveway.
A short time later, police
found the taxi at the intersection of West Main and Oak Valley with Givens asleep inside.
The owner of the taxi business declined medical attention and said he did not want to pursue criminal charges against Givens.
After further investigation, El Dorado police arrested Givens on warrants for second-degree battery, leaving the scene of an accident with injury, theft of property (motor vehicle) and robbery.
In the federal lawsuit and a civil suit that Givens previously filed — and later dropped — against El Dorado Festival and Events, Inc., which does business as MAD, Givens said he learned of his termination days later, after having checked into an in-patient, alcohol treatment and rehabilitation facility in Ouachita County.
He said the news was unceremoniously delivered by his now-former wife.
“As of the filing of this cause of action, (the plaintiff) has yet to be told that his employment with EFE, Inc., has been terminated. He has not been notified, either in writing or expressly told, that his employment with (the defendant) is over,” according to the federal suit.
Seeking judgement
Givens is seeking judgement for attorney’s fees, court costs, punitive damages and “all other relief,” arguing violations of the Americans with Disabilities Act of 1990 — which, according to the lawsuit, recognizes alcoholism as a disease — and, but not limited to, the Arkansas Civil Rights Act.
Additionally, Givens filed a Charge of Discrimination with the Equal Employment Opportunity Commission in March.
Price told the News-Times last fall that the civil suit was dropped due to plans to take the matter to federal court.
Givens has maintained that MAD/EFE officials were aware that he had a drinking problem when they hired him.
According to the federal suit, Givens said Terry Stewart and Austin Barrow, chief executive office and former president and chief operating officer of MAD, respectively, began recruiting him for hire in 2015.
They explained to him then that he would have to “enroll into meaningful treatment for alcohol” before MAD would formally bring him aboard.
Givens said he complied and checked into the alcohol rehabilitation and detoxification unit of the Ouachita County Medical Center.
It was the same facility from which he sought treatment following his arrest for public intoxication last September.
With the MAD complex still under construction after Givens completed the OCMC’s outpatient treatment program in 2015, he carried on with his job at Main Street.
He did not officially go to work for MAD until November 2016.
‘The rules did not apply’
At the outset, Givens said he found himself in an environment in which “the rules did not apply” to Stewart, Barrow and Dan Smith, who formerly served as vice president of hospitality and operations and general manager of MAD.
Barrow, who was hired in 2011 as MAD/EFE’s first employee and first CEO, resigned in January.
A press release from MAD said that Barrow had “decided to return to his original passion of performing arts.”
Smith resigned in February 2018, having approached Barrow and Stewart months earlier about moving on, Barrow said at the time of Smith’s resignation.
In his federal suit, Givens provides a varying account of the potential reason behind Smith’s departure.
“… a young (teenage) waitress was sexually assaulted at the Griffin (restaurant) by a former EFE, Inc., employee,” according to the suit. “The vile act was kept quiet by Stewart and Barrow and quickly settled. Dan Smith’s employment with EFE, Inc., abruptly ended thereafter.”
Givens said that when he inquired about the incident and complained about it to Stewart, “he was told to be quiet, that the matter had been handled and was not his concern.”
Upon his hiring at MAD, Givens said Barrow and Stewart explained that as part of his job duties, Givens was expected to attend every performance in the now-First Financial Music Hall and MAD Amphitheater and to entertain patrons and clients.
Givens alleged that he regularly witnessed Barrow, Stewart and other MAD employees consume illegal narcotics at such events and that “marijuana was delivered and freely passed around” MAD offices.
He said Barrow and Stewart pressured him to drink alcohol and smoke marijuana during his employ with MAD.
As his alcoholism worsened, Givens said Stewart would berate him, calling him, “drunk, sloppy and undisciplined” and telling him that he had “a weight problem.”
On Sept. 13, 2018, Givens consumed alcohol and marijuana, which was provided to him by another MAD employee, while on the job, according to the federal suit.
Givens said “he had a blackout episode” later that day and he has no recollection of the cab ride home, driving the cab or being taken into custody by El Dorado police.
Five days after his initial arrest for public intoxication, Givens said he notified Barrow of plans to re-enter the OCMC alcohol treatment program and he checked into the facility on Sept. 20, 2018.
He reiterated that his former wife later told him that he had been fired from his job at MAD.
In the federal suit, Givens argues that it is a violation of the ADA to terminate a person from their employment while the employee is being treated for alcoholism “on an in-patient basis.”
“El Dorado Festivals and Events continues to deny and reject the allegations and numerous misstatements in Mr. Givens’ filing,” Bob Tarren, chief marketing officer for MAD, wrote in a statement when reached for comment about the pending suit.
“We look forward to the opportunity to represent the facts of the matter in the appropriate forum. As this is an ongoing legal and personnel issue, (EFE) will have no further comment at this time,” Tarren continued.
MAD is being represented in the matter by the Little Rock law firm of Friday, Eldredge and Clark.
Givens now lives in Nashville, Tennessee, and continues to work as an entertainment promoter, Price said.
“He’s still in the entertainment business, doing what he loves,” Price said.
Tia Lyons may be contacted at 870-862-6611 or tlyons@ eldoradonews.com.