Back in May, civil rights advocate and fesitval-goer Jonathan Corbett posted on his blog about his experience with Electric Daisy Carnival Las Vegas. Corbett wrote he loves EDC, but does not love their policy on prescription medication. His feelings resulted in filing a lawsuit against Insomniac.
Insomniac’s policy on prescription drugs is that all are prohibited from entering an event, unless the attendee provides a physical prescription and explains their need for the medication to a safety official.
Corbett’s lawsuit argues that many who would like to attend EDC – including himself – are now unable to attend due to the prohibition of carrying medicine into the festival, which could put their health at risk. The suit can be read here.
Now, Corbett has updated us on Insomniac’s response.
Insomniac, represented by Greg Hurley, an attorney at Sheppard Mullin, has refused to participate in court. Hurley told Corbett he would be “sanctioned for [his] frivolous lawsuit if [he] refuse[s] to dismiss it.”
Insomniac is also arguing for summary judgment that its policy of requiring an attendee to disclose their need for medicine – with no promise of confidentiality – is acceptable. Here’s a snippet of their statement to Corbett:
In responses to Defendants’ discovery, Plaintiff has refused to disclose a medical condition impacted by these 2016 policies. Moreover, as Plaintiff has
refused to disclose whether or not Plaintiff uses, or intends to use, illegal drugs, it is reasonable to assume that this is merely an attempt to have a federal court strike a reasonable safety policy designed to protect against deaths from illegal drugs. It is hard to envision a clearer abuse of the ADA statute and the jurisdiction of this Court.
You can read Corbett’s entire post about their response here.