Elements Festival Class Action Elicits Fyre Fest Comparison, Called ‘Disorganized’

Elements Festival Class Action Lawsuit Overview: 

• Who: David Raus, Yessica Navarro and Moya Ferenchak filed a class action lawsuit against Elements Production, LLC and others involved in the Elements Music and Arts Festival.
• Why: Festival-goers claim the music festival was disorganized and unsafe. 
• Where: The class action lawsuit was filed in New York federal court.

Elements Production, LLC and others failed to properly organize and provide ticket goers with the experience they were promised when they paid to attend Elements Festival 2021, a new class action lawsuit alleges. 

Plaintiffs David Raus, Yessica Navarro and Moya Ferenchak claim Elements, along with other event organizers, mislead concertgoers by representing the September festival held in rural Pennsylvania as a “safe, packaged, multi-day camping and music festival.” 

Raus, Navarro, and Ferenchak claim festivalgoers, who paid between around $350 to $1,300 for tickets to the event, were greeted with rain-soaked grounds due to Hurricane Ida, disorganized parking areas and insufficient staffing. 

Many attendees had to wait as long as 10 hours to even get into the venue, according to the class action lawsuit, causing them to miss out on parts of the event.. 

“Most attendees missed the first day of musical acts they had paid to see due to the excruciating wait and physical effort it took just to get into the festival itself,” the class action lawsuit states. 

Festivalgoers Claim They Did Not Have Proper Access To Food, Water Or Toilets

Raus, Navarro and Ferenchak further claim attendees were not given proper access to food, water or sanitary toilets and that the venue did not properly screen festivalgoers for COVID-19,as had been promised. 

“The COVID-19 protocols that had been advertised to provide safety and security for attendees, such as screening via the CrowdPass App, were also not properly utilized,” the class action lawsuit states. 

Raus, Navarro and Ferenchak claim organizers only allowed festivalgoers to bring in one liter of water, ultimately putting attendees at risk for dehydration and other illness after it ran out of water by the festival’s second day. 

Raus, Navarro, and Ferenchak claim Element and other organizers are guilty of unjust enrichment and negligence, among other things, and in violation of New York General Business Law. 

Plaintiffs are demanding a jury trial and requesting relief in the form of compensatory, statutory, and punitive damages in excess of $5 million for themselves and all class members. 

Raus, Navarro and Ferenchak want to represent a nationwide class of concertgoers who paid for tickets to the EDM festival or who attended the festival. 

A similar class action lawsuit was filed against organizers of the infamous Fyre Festival in 2017 by festival-goers who sought $100 million in damages, arguing the event was a “scam.” 

Did you attend the Elements Music and Arts Festival in September? Let us know in the comments! 

The plaintiffs are represented by Daniel Lust of Geragos & Geragos, APC and Michael Louis Kelly, Joshua A. Fields and Connor M. Karen of Kirtland & Packard LLP. 

The Elements Festival Class Action Lawsuit is Raus, et al. v. Elements Production, LLC, et al., Case No. 1:21-cv-10431, in the U.S. District Court for the Southern District of New York.

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