A Houston judge has denied Travis Scott’s motion to be dismissed from sprawling litigation over the 2021 disaster at the Astroworld music festival ahead of a looming jury trial next month.
Scott’s attorneys had argued that the star himself could not be held legally liable for the deadly crowd crush during his the November 2021 performance, which killed 10 and injured hundreds. They argued that safety and security at live events is “not the job of performing artists.”
But in a ruling made public on Wednesday, Judge Kristen Hawkins denied that motion, leaving Scott on the hook to face the first jury trial in the case, set to kick off next month. She offered no written rationale for her ruling, and attorneys for Scott did not return a request for comment.
Hundreds of people have sued over Astroworld – a popular festival headlined and marketed by the Houston-native Scott that turned deadly in 2021. Collectively seeking billions in potential damages, the victims claim that Scott (real name Jacques Bermon Webster II), Live Nation and other organizers were legally negligent in how they planned the event.
The lawsuits, combined into one single large action in Texas state court in Houston, have spent much of the last two years in discovery, as the two sides exchange information and take depositions of key figures. Scott was deposed in October, facing questioning from plaintiffs attorneys for roughly eight hours, according to the Associated Press.
The first trial in the massive litigation – a wrongful death case filed by family of Madison Dubiski, a 23-year-old who died at Astroworld – is set to start on May 6.
With that trial date looming, many of the defendants have pushed to be dismissed from the case. Drake (Aubrey Graham), who was named in many of the lawsuits because he appeared on stage as a guest performer during Scott’s deadly show, was dismissed earlier this month.
Scott’s attorneys argued last month that he too should not be held liable for the tragic incident. Even though the event was promoted under Scott’s name and branding, his lawyers said that he was merely an onstage performer who was not responsible for ensuring audience safety.
“Like any other adrenaline-inducing diversion, music festivals must balance exhilaration with safety and security—but that balance is not the job of performing artists, even those involved in promoting and marketing performances,” wrote Scott’s attorney Daniel Petrocelli. “Which only makes sense: Performing artists, even those who engage in certain promotional activities, have no inherent expertise or specialized knowledge in concert safety measures, venue security protocols, or site-design.”
At a hearing over that motion last week, attorneys for Dubiski’s family pushed back on Scott’s arguments, saying he had a “conscious disregard for safety.”
As reported by the Associated Press, the victim’s attorneys argued that Scott had encouraged fans to break into the concert without a ticket, citing a tweet on the day of the concert in which he said “we still sneaking the wild ones in.” They also said he had create unsafe crowd flow conditions by insisting that Scott be the only musical act to use the main stage on the festival’s first day, and then ignored orders from festival organizers to stop the concert when conditions turned dangerous.