News and information from the New Orleans area
Mardi Gras parade
Blaine Kern Loses Challenge to Keep Mardi Gras Float Empire
113 years
Blaine Kern, Rickey Jackson, Holly Kern on Superdome Floor
Once again, suing your aged dad, granted he’s under the spell of his much younger wife, never is a good idea. It doesn’t matter if you win in the Appeals Court, which the son, Barry, did. Karma works against you when you sue your dad, especially if he’s over 83 years old!
The Kerns build REX, BACCHUS, ENDYMION, MUSES, ORPHEUS, ALLA, CAESAR, and many, many other parades around the metro area, region, and world. Therefore, lots of money and responsibility come with the territory, and the Mardi Gras crowds annually depend on the Kerns via REX, etc.
A state appeals panel has upheld the court-ordered transfer of control over Blaine Kern Artists Inc. to the Mardi Gras magnate’s son, Barry Kern.
The one-sentence ruling Tuesday denied the elder Kern’s challenge to an April ruling by Civil District Court Judge Kern Reese that enforced a father-son deal convected last year. That deal was intended to quell a family rift that threatened float production for a number of the largest Carnival parades.
The deal, brokered by three prominent Carnival captains, called for Blaine Kern Sr. to sell all of his shares to his son and for the board of directors to turn over management control of the 54-year-old Mardi Gras giant to Barry Kern, 48, at a shareholders meeting. But Blaine Kern stood pat, and no such meeting or vote took place.
At issue, Barry Kern argued, was the financial stability of the company. He twice filed suit against his father during the past year, saying the 83-year-old Kern Sr. had meddled with management and sapped its cash reserves.
Barry Kern cast blame on his father’s fourth wife, Holly Brown-Kern, claiming his father’s spending on houses, cars and other luxuries had ballooned since his marriage to Brown-Kern, while his debt had mounted and he began seeking cash advances from the company.
Blaine Kern’s attorney, William Wessel, could not be reached for comment late Wednesday on the 3-0 decision by a panel of the 4th Circuit Court of Appeal, finding “no error” in Reese’s ruling.
In ruling for Barry Kern in April, Reese called the need to safeguard Mardi Gras “way bigger” to the world than a father-son rift.
Under his order, the company’s four shareholders — Blaine and Barry Kern and Barry’s siblings, Brian and Blainey — met April 25 at Blaine Kern’s Mardi Gras World to elect three directors who, in turn, named Barry Kern president.
Blaine Kern, 2010 People's Health Champion
2012 Zulu King Challenge Ended
013 years
Zulu-Parade-on-Canal-Street
Obviously, Jay Banks’ challenge rocked the Zulu Establishment to its very foundations. Just as quickly, Jay Banks dropped his challenge, so we won’t ever find out what became of those missing absentee ballots.
On Sunday, June 5, Zulu members also ratified James May 29 election.
Banks has run unsuccessfully for Zulu king twice in the past.
Zulu-coconut-Muses-shoe-2009
ZULU’S ELECTION OF 2012 KING IS CONTESTED
013 years
Zulu member
Zulu Coconut 2010 Ambassador
This was bound to happen for many reasons. In a system that cheerfully embraces the concept of “vote-buying,’’ it was probably only a matter of time before charges of election day irregularities marred the annual selection of a monarch to reign over the Zulu Social Aid and Pleasure Club.
While many old-line Carnival organizations rely on lineage and social pedigree to choose their royalty under a shroud of secrecy, Zulu has used a democratic process to pick its Carnival personalities ever since the group was born in 1909.
And Zulu encourages would-be kings to wine and dine their subjects with good food, libations and occasionally gifts.
The whole case boils down to a dozen missing absentee ballots. The 2nd place finisher is contesting the election. He may have any excellent case if the missing ballots cannot be produced.
The contest to name the 2012 King Zulu took place Sunday, with lawyer Elroy James emerging as the unofficial winner in a five-way battle.
But before James can claim the crown, it looks like he must withstand a challenge from second-place finisher Jay H. Banks, who reportedly lost by seven votes.
Should be very interesting!
BARRY KERN WINS THIS ROUND, DAD HAS TO FOLLOW PAST AGREEMENTS
013 years
The owner of the world-famous Mardi Gras World has been ordered to relinquish his title and give ownership of the float-building company to his son.
Orleans Parish Civil District Judge Reese Kern made the ruling today, forcing Blaine Kern Sr. to hand over ownership of the company to Barry Kern at a shareholders meeting April 26.
Judge Reese Kern
Blaine Kern Sr. founded the company more than 50 years ago and provides floats for the majority of Mardi Gras Krewes that ride during New Orleans’ carnival season, including Rex, Bacchus, Endymion, Alla, Orpheus, and Caesar.
Barry Kern filed a suit against his father Oct. 1, 2010, to evict him “from any directorial or officer position” and to appoint “a receiver to manage and/or dissolve” Blaine Kern Artists (BKA).
That lawsuit made headlines across southeast Louisiana and, and just two days later, the Times-Picayune reported that an intermediary team composed of the Captains of Endymion and Bacchus had stepped in for Blaine and Barry Kern and resolved their differences.
Six months later, Barry Kern sued his father again, claiming Blaine Kern Sr. “failed and refused to consummate the agreement.” A violation of the October agreement requires the violating party to pay $100,000 to the other party, according to the suit.
The suit alleged that Blaine Kern Sr. had agreed in part to sell his shares of the company to Barry Kern, “including payment of debts of Blaine Kern, Sr., lease of facilities owned by Blaine Kern Sr., and a lifetime consulting contract with Blain Kern Sr.”
Blaine Kern Sr. improperly acted as a manager of BKA, the suit alleged. Kern allegedly fired his other son, Brian Kern, asked for BKA to pay his personal expenses and demanded the cashier at Mardi Gras World to give him money from the cash register.
The suit claimed “Blaine Kern Sr. has no right to exercise any managerial control over BKA. “The agreements between Barry and Blaine Kern were arranged by Owen “Pip” Bennan, the captain of the Mardi Gras krewe Bacchus, the suit said.
The meetings resulted in a seven-point letter of intent and a four-point agreement, which essentially transferred control of BKA from father to son. Soon after the agreement was announced, a recorded offer of settlement was filed in Orleans Parish on Oct. 5, according to court documents. The case remains active under Judge Michael Bagneris.
The original suit stated Barry Kern is seeking control of BKA because his father, 83, has acted under the influence of his fourth wife, Holly Brown, who is nearly 50 years younger than him.
The October suit alleged that Blaine Kern’s spending has made BKA “technically insolvent” and that the company has bounced payroll checks to employees. It also claims that Blaine Kern named Brown as co-captain and treasurer of Blaine Kern’s Krewe of Halloween in the Boo Carre, which has failed to make timely payments on equipment and materials provided by BKA.
The suit also makes the claim that Blaine Kern improperly fired Barry Kern, who was named president of BKA in 1995 after successfully running similar companies in Europe, Las Vegas and Orlando. Barry Kern has since resigned as president even though the suit claims Blaine Kern had no authority to fire his son.
Brown is not mentioned in the most recent suit filed by Barry Kern.
New Orleans attorneys Randall Smith, Stephen Gele and Melissa Desormeaux are representing Kern.
