A literary event celebrating Black authors at a New Orleans bookstore faced an unexpected shutdown after the Essence Festival of Culture claimed it breached a city ordinance designed to limit competition in key tourist zones during the festival.
Baldwin & Co., a Black-owned bookstore and coffee shop, and Lit Diaries LLC, the event organizers, received a cease-and-desist letter from lawyers representing the Essence Festival. The letter asserted that the event organizers had misused the Essence trademark, misleading attendees.
Dernell "DJ" Johnson, the bookstore's owner, expressed his dismay, finding the timing of the temporary restraining order, which forced the cancellation of the Friday event, both ironic and concerning. He believes such actions not only undermine the festival's reputation but also raise doubts about its commitment to supporting the Black community.
An Instagram post from Baldwin & Co. on Friday morning confirmed the cancellation of all "Lit-House Events" scheduled for that day. The Essence Festival argued that the bookstore's event infringed on its trademark and violated New Orleans' "clean zone" ordinance. This ordinance, signed by Civil District Judge Richard Perque, establishes restricted areas around Essence Festival venues where external events and vendors are prohibited without prior authorization from the city and the festival itself. The clean zone encompasses major areas like the Caesars Superdome, the Central Business District, French Quarter, and parts of surrounding neighborhoods. The restrictions, effective from June 26th to July 2nd, prohibit unauthorized advertising, merchandise sales, and other outdoor events within the designated zone.
Johnson, whose business falls within the clean zone, challenges the constitutionality of such restrictions. He argues that Essence and the city shouldn't impede local businesses or freedom of expression, particularly targeting a business like Baldwin & Co. that contributes positively to the Black community.
New Orleans City Council President JP Morrell responded to the incident, stating that his office is investigating the circumstances that led to the event's cancellation and exploring ways to prevent similar situations in the future. He emphasized that the City Council never intended for the clean zone ordinance to negatively impact private businesses hosting their own events that coincide with the Essence Festival. He found it particularly troubling that a Black-owned business showcasing Black female authors was targeted during a weekend meant to celebrate Black culture.
Despite the criticism, the Essence Festival defended its actions, citing "unfair competition and infringement." Their lawsuit contends that the bookstore's event caused irreparable harm due to the unauthorized use of the Essence name and trademarks.
James Williams, legal counsel for Essence, clarified that the festival's concerns extend beyond the clean zone ordinance. He explained that the bookstore's event was falsely advertised as an official Essence Festival event, misleading the public and even affecting the festival's own author bookings. Furthermore, he criticized Lit Diaries for charging authors to participate, a practice inconsistent with Essence Festival values.
This incident follows another lawsuit filed by Essence a week prior against Spotify and a local real estate developer for alleged violations of the 2022 clean zone law. Williams framed these actions as part of a larger pattern of exploitation of Black culture and intellectual property.
Baldwin & Co.'s legal representation indicated they will be filing their response in court the following week.
