This past weekend, Mayndard James Keenan and co. held their inaugural “Tool Live In The Sand” destination festival in Punta Cana, Dominican Republic. The three day event saw Tool headline on both Friday and Saturday, and featured performances from other bands including Primus, Mastodon, Coheed and Cambria, Eagles of Death Metal, and more.
Tickets to the festival reportedly promised “two unique headlining sets” by the band – a promise many fans believe Tool failed to deliver.
Following Tool’s set on Saturday (March 8th), many fans in attendance took to social media to express their disappointment in the show, claiming that the band’s short nine song setlist was largely the same as the 10 song setlist they played on Friday night.
While there were some differences between the two shows, four of the nine tracks played were repeats (“Fear Inoculum,” “Rosetta Stoned,” “Pneuma,” and “Jambi”).
With fans having spent thousands to attend, many became angry at the lack of a completely “unique” setlist, leading to reports of Tool being booed and attendees leaving the show early.
Now, Georgia-based lawyer Stas Rusek is attempting to file a class-action lawsuit against the event’s promoters. Rusek believes that fans are entitled to compensation, claiming that the two setlists are too similar (breaking the advertised promise of two unique shows) and that the band cut Saturday’s performance short.
After facing a dissatisfied crowd, Tool apparently left the stage early during their second night without playing the song “Vicarious” – which fans spotted written on the band’s setlists.
Rusek is seeking disgruntled individuals to take part in the lawsuit.
“The potential lawsuit against the promoters of Tool In The Sand is indeed being investigated. We have had lots of interest from Tool fans who attended the festival, a category which I personally fall into,” Rusek told Metal Hammer.
“These were my 27th and 28th Tool shows. There was a palpable sense of betrayal in the air as the show began the second night, and it lingered throughout the remainder of the weekend.
“What it boils down to is that purchasers of the festival package were promised ‘two unique sets’ by Tool. While the comments on these posts argue about what ‘unique’ means, the reality is that the opportunity to see Tool play two unique sets, ie no repeats, was the determining factor for most attendees to pull the trigger on spending thousands of dollars to attend.
“Most Tool fans, like me, have attended multiple shows on the same tour, and we know that, due to the spectacular and complex nature of their show, most songs will be repeated. However, this is not what festival attendees were promised.”
Rusek – who describes himself as “a huge Tool fan, but also a festival attendee who feels your pain and seeks justice for all of those ripped off by a classic bait and switch” – promises that those who participate in the lawsuit will not have to pay a fee unless they win.
