Full post from the Alternative Tentacles newsletter:

Due to the high volume of complaints coming our way, Jello Biafra again warns of bait-and-switch tactics in his former bandmates use of the name Dead Kennedys for their current tour. Both Biafra and his label, Alternative Tentacles Records, have received numerous inquiries from promoters, press, and angry fans on the fraudulent nature of the tour.

The booking agency which represents Biafra's former bandmates is reportedly selling the band as Dead Kennedys, asking $10,000 guarantees, and "forgetting" to tell promoters that Biafra is not in the band, unless specifically questioned. The band photo that the agency has circulated features Jello Biafra instead of the scab singer Brandon Cruz. Most of the tour dates have been sold to the public as "Dead Kennedys", with at least one advertisement featuring the photo which contains Biafra. Another tactic reported is that venues such as the Gothic Theater in Denver (and their sponsor, Twist & Shout) start out advertising the show as Dead Kennedys then downgrade the ads to "DK Kennedys", with members listed, two or more weeks after tickets have gone on sale.

Jello Biafra states, "In my opinion, this is the real great rock and roll swindle. They have a right to play cover versions of Dead Kennedys songs. Everyone does. But I feel really badly for all the people paying ticket prices, reported to be as high as $25, thinking it's the real Dead Kennedys, and wind up getting stuck with the world's greediest karaoke band."

Reports of the overpriced performances have not been altogether positive. Witnesses in San Francisco noted that Klaus Fluoride bragged on stage that the band had only practiced twice in thirteen years, and in some viewers' opinions they sounded like it. Observers reported that Brandon Cruz had forgotten many of the words, if he had learned them at all. An angry journalist in Brazil even tracked down Jello Biafra to report picking up a wad of paper that had fallen out of Brandon Cruz's pocket onstage, which turned out to be the words to "Viva Las Vegas."

In August 2001, Jello received a letter from Decay's lawyer that they don't intend to pay Jello unless he pays them roughly $140,000 - which they claim are his share of their legal bills to sue him - and they have provided no documentation to back this up. So, in other words, Jello isn't receiving any royalties from sales of the DK re-issues currently in circulation via Decay/Manifesto (North America) and Decay/PlasticHead (Europe) or MVD Video, none of which were authorized by Biafra.

The rogue ex-Dead Kennedys seized control of the catalog through a nasty lawsuit against Biafra and Alternative Tentacles stemming from a dispute that grew ugly after Biafra opposed the use of "Holiday in Cambodia" in a Levi's Dockers TV commercial to be shown worldwide. They now do business as Decay Music, even though the Decay Music partnership is now officially dissolved by the state of California. Biafra and A.T. are appealing the verdict.

The appeal brief was filed in October on behalf of Jello Biafra's attorneys. Decay Music asked for a 60-day extension, which was granted. The respondent's brief is due on February 4th and it will include a cross-appellants brief. After that, more briefs will be filed and oral arguments will be heard when all of that is done which will be late spring at the earliest.

Many people have asked what they can do to stop or at least expose what is going on. Suggestions include spreading the word in your own community, which can certainly help, and continuing to support the Alternative Tentacles Legal Defense Fund to cover the cost of the appeal on the original court verdict.

For more information on the ongoing legal dispute and details on contributing to the legal defense fund, please contact :

fund@alternativetentacles.com or go to :

http://www.alternativetentacles.com/page.php?page=atlegalfund