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The Miami Herald Sued the Coconut Grove Playhouse to Force the Theater to Provide Public Records

Posted on: Saturday, 20 May 2006, 06:00 CDT

By Susannah A. Nesmith, The Miami Herald

May 20--The Miami Herald filed a lawsuit Friday against the Coconut Grove Playhouse, asking a judge to force the theater to turn over public records.

In February, the newspaper asked the theater for its artistic director's employment contract and other financial records filed by the theater's board of directors and by the Playhouse itself.

The historic Playhouse is more than $4 million in debt. Arnold Mittelman, the artistic director of the Playhouse, resigned Tuesday, and a forensic accountant moved in to examine the theater's finances. He resigned Thursday.

Mittelman became the focus of scrutiny after the theater's financial problems became public in April. At that point, the situation had gotten so dire that the theater failed to pay some employees or cover some health and welfare benefits. Some contractors also went unpaid.

Mittelman took out a loan in March, using $125,000 of a restricted state grant as collateral. The loan was to cover the theater's payroll, including his own salary.

The state has demanded repayment of the $125,000 by next Friday or the theater will face losing the whole $500,000 grant, which was supposed to be used to refurbish the 80-year-old theater.

But the money is tied up in a 12-month certificate of deposit that is linked to the loan. The theater's board of directors has told the state the loan was taken out without the board's approval, as required by the theater's by-laws.

On May 5, The Miami Herald again asked for Mitteleman's contract, in addition to the artistic director's travel expenses, minutes of board meetings, credit card expenses, last year's audit and various contracts.

The Playhouse has refused to provide the records.

"We're suing them because we believe there is a significant public interest in understanding how the Coconut Grove Playhouse got itself in the position it did," said Miami Herald Executive Editor Tom Fiedler. "There are tax dollars involved, and the public has a right to know how those dollars were used."

The Miami Herald has asked Circuit Judge Victoria Sigler to award it attorney's fees. Sigler is scheduled to hear the case on Tuesday.

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Copyright (c) 2006, The Miami Herald

Distributed by Knight Ridder/Tribune Business News.

For information on republishing this content, contact us at (800) 661-2511 (U.S.), (213) 237-4914 (worldwide), fax (213) 237-6515, or e-mail reprints@krtinfo.com.

Source: The Miami Herald

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