HOUSTON (AP) — The start of the first civil trial stemming from the 2021 Astroworld festival, at which 10 people were killed in a crowd surge, has been delayed.
Jury selection had been set to begin next Tuesday in the wrongful-death lawsuit filed the family of Madison Dubiski, a 23-year-old Houston resident who was killed during the crowd crush at the Nov. 5, 2021, concert by rap superstar Travis Scott.
But Apple Inc., one of the more than 20 defendants going to trial next week, filed an appeal this week, automatically delaying the start of jury selection.
“Unless I hear differently, the trial is stayed,” state District Judge Kristen Hawkins said during a court hearing Thursday.
Apple, which livestreamed Scott’s concert, is appealing a ruling by Hawkins that denied the company’s motion to be dismissed from the case. Apple has argued that under Texas law, it can appeal Hawkins’ ruling because its defense claims are being made in part as a member of the electronic media.
Apple is arguing that in livestreaming Scott’s concert, it was acting as a member of the electronic media and its actions merit free speech protection.
“It remains our position that our conduct is protected by the First Amendment,” Kent Rutter, one of Apple’s attorneys, told Hawkins during a court hearing Thursday.
Just before the hearing ended, Hawkins said she had been notified that the appeals court earlier Thursday had denied a request by the lawyers for Dubiski's family to lift the stay.
Jason Itkin, one of the attorneys for Dubiski’s family, said he planned to appeal that denial, likely up to the Texas Supreme Court.
Lawyers for Dubiski’s family have alleged that her death was caused by negligent planning and a lack of concern over capacity at the event. Her lawyers allege that how Apple placed its cameras around the concert site affected the placement of barriers and reduced available crowd space by the main stage.
Rutter argued that it was broadcasting an event “with significant public interest” and that by doing so, it was acting as a member of the media and gathering news.
Itkin said Apple has described itself in business records as a company that makes smartphones and computers but doesn’t mention news or news reporting. He added that the company’s Apple News app is a subscription service that aggregates the stories of other news organizations.
“This is not a free speech case. They know that,” Itkin said.
During the hearing, Hawkins appeared skeptical about Apple’s claims about being a member of the electronic media, asking Rutter that if a livestream were set up in a zoo to watch animals, would that be news.
“Yes, it would be,” Rutter said.
Over 4,000 plaintiffs filed hundreds of lawsuits following the concert. Dubiski’s case had been chosen by attorneys in the litigation to be the first to go to trial. More than 20 defendants, including Scott, Apple and Live Nation, the festival’s promoter, had been set to go on trial Tuesday.
Following a police investigation, a grand jury last year declined to indict Scott, along with five others connected to the festival.
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FILE - Travis Scott performs at the Astroworld Music Festival in Houston, Nov. 5, 2021. The start of the first civil trial stemming from the 2021 Astroworld festival, at which 10 people were killed in a crowd surge, has been delayed. Jury selection had been set to begin Tuesday, May 7, 2024, in the wrongful-death lawsuit filed the family of Madison Dubiski, a 23-year-old Houston resident who was killed during the crowd crush at Scott's November 2021 concert. (Photo by Amy Harris/Invision/AP, File)
BANGKOK (AP) — Brazil will host the 2027 Women’s World Cup after a vote of FIFA’s full membership chose the South American bid over a joint proposal from Belgium, Netherlands and Germany.
The FIFA Congress on Friday voted 119-78 for Brazil in the reduced field of two candidates to host the 2027 tournament after a joint bid by the United States and Mexico was pulled late last month, and South Africa withdrew its candidacy in November.
It will be the first time the global women's tournament, first played in 1991, is staged in South America .
Brazil was strongly favored to win since October when FIFA brokered deals for the men's World Cups of 2030 and 2034. It left South American neighbors Argentina, Paraguay and Uruguay getting just one game each of the 104 in the 2030 tournament that will be mostly co-hosted by Spain, Portugal and Morocco.
A key point for FIFA was clearing the way for its close ally Saudi Arabia to get the 2034 World Cup uncontested in a fast-track process. South American soccer body CONMEBOL's agreement to take a small part of the 2030 tournament removed it from the subsequent bidding.
The US-Mexico decision to opt out and focus on bidding for the 2031 World Cup — that decision is due next year — was another indicator of Brazil's expected win.
The Brazilian bid team hugged and celebrated on the podium after the result was announced, and described it as a victory for women's soccer, for their country and for South America.
“We are a South American country that achieved the victory for women’s soccer,” Brazil's soccer federation president Ednaldo Rodrigues said before reflecting on recent flooding that has devastated parts of the country. “After the things that impact all Brazilians — a catastrophe due to the climate change — our achievement today, the first Women’s World Cup in South America, will help strengthen us.”
It was the first time that all of FIFA’s member associations had the opportunity to weigh in on the host of the women’s tournament. Previously, it was decided by the FIFA Council, the governing body’s decision-making committee.
There were 207 of the 211 members eligible to vote in the electronic ballot which gave three options: Brazil, BNG or abstain.
Brazil was even more favored to win the contest after ranking higher in an evaluation report by a FIFA-appointed panel.
The next World Cup votes, to endorse the 2030 and 2034 hosts, will be on Dec. 11 in an online congress held remotely.
AP soccer: https://apnews.com/hub/soccer
FIFA President Gianni Infantino, left, gives the certificate to President of the Football Associated of Brazil Ednaldo Rodrigues, right, after announcing that Brazil is chosen to host the 2027 Women's World Cup soccer at the FIFA Congress in Bangkok, Thailand, Friday, May 17, 2024.(AP Photo/Sakchai Lalit)
President of the Football Associated of Brazil Ednaldo Rodrigues, delivers his speech, after Brazil was chosen to host the 2027 Women's World Cup soccer at the FIFA Congress in Bangkok, Thailand, Friday, May 17, 2024.(AP Photo/Sakchai Lalit)
President of the Football Associated of Brazil Ednaldo Rodrigues, delivers his speech , after Brazil was chosen to host the 2027 Women's World Cup soccer at the FIFA Congress in Bangkok, Thailand, Friday, May 17, 2024.(AP Photo/Sakchai Lalit)
President of the Football Associated of Brazil Ednaldo Rodrigues, left, hug FIFA President Gianni Infantino after Brazil was choosen to host the 2027 Women's World Cup soccer at the FIFA Congress in Bangkok, Thailand, Friday, May 17, 2024. Brazil will host the 2027 Women’s World Cup after a vote of FIFA’s full membership chose the South American bid over a joint proposal from Belgium, Netherlands and Germany.(AP Photo/Sakchai Lalit)
FIFA President Gianni Infantino announces that Brazil is chosen to host soccer's 2027 Women's World Cup at the FIFA Congress in Bangkok, Thailand, Friday, May 17, 2024.(AP Photo/Sakchai Lalit)
