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Hey all, Mike here. Been learning about and processing what has transpired at Walmart Health. Basically Walmart has decided to close the entire Walmart Health division. This includes telehealth, on which I was the principal designer. I will be working on the details of this today. I don’t know about timelines yet.

It also occurs to me that if what Spirit is alleging is true and if she signed the member contract herself, as a minor, rather than her parents, that contract is null and void.

I didn't know that, but it makes total sense that these two giants were born under the same star. The old saying among drum corps veterans of a certain era was that if you never got to play Kenny's "Auld Lang Syne" or Duffy's "Battle Hymn" you got cheated. Mike wrote for all the heavies in the early DCI days: Anaheim ('72 Champs), Blue Stars ('72 runner up), Troopers (perennial contenders), and dozens of the rest. He just about invented the "Sound of DCI". He's been in my personal Hall of Fame for 50+ years. Rest his remarkable soul. Mike Duffy is irreplaceable.

Criminal and Civil are two totally separate areas of law, penalties, and enforcement. Criminal activities and consequences are not decided in lawsuits with private attorneys. They are solely in the scope of governmental authorities to bring and prosecute, i.e., police & states/district attorney offices. No contract can protect against criminality. In criminal cases, the burden of the Plaintiff against the Defendant is to prove "beyond a reasonable doubt". This case and the subject matter is not a criminal matter. The case is a civil matter that is compensatory at heart, an attempt to "make the Plaintiff whole" (which can never happen of course, but that's the theory). The burden of proof is not as strict as criminal cases but still tough, Plaintiff has to prove based on a "preponderance of the evidence that it is more likely than not" that SoA or DCI was negligent. When it comes to civil liability and negligence, you CAN contract your way out of civil penalties. Example: go Bungie jumping. I guarantee you have to sign forms that basically say if something terrible happens you waive any right to come after them for civil compensation. That's what I'm referring to here and that's the sort of thing they are referring to in their filed Answer.

From the internets: NDAs cannot legally prevent reporting of criminal activities. So if Ms. Hales was reporting such activity, I’m not sure what SOA’s point is here.

I wouldn’t hate it. When Cavies announced 007, I thought it’d be so stupid, but that show was cool as heck. Phantom playing famous superhero scores could be epic.

Very nice and productive. SAE (Sigma Alpha Epsilon) here. We just drank.

Well, if you’re stirring the pot, Madison! 🤷‍♂️😂

How about an "Unholy Mosaic Roundup"? Sounds like it could be a troopers show.

The Casey Jones show was amazing.

They’ll need it. The activity has a way of turning survivors into pariahs. Tricia Nadolny wrote about it at length.

From his World Drum Corps Hall of Fame induction a few years ago:

Rookie doesn’t mean what it used to mean. They come in ready to roll nowadays.

No disrespect but I see top tier as 1-4 until someone makes the case on the field for 1-5. It could happen in 2024 but 2025 is more likely. That said, I see Mandarins and PR with best shots for 5th, SCV would b3 a completely unsurprising wildcard to take it, and I would love to see Cavies get the overall performance caption strength and show design to make a run at it but probably not this year.

Mandarins. They have their s**t together, they have the resources, and they have the momentum for 5th this year.

Exactly! But don’t call Mandarins a young corps … some will go bonkers.

Hail Sinfonia!

I know, I know! 🙋‍♂️

How would SoA not know her age? Aren’t MMs required to produce a birth certificate?

Roundup...a post-apocalyptic show about mutations triggered by genetically changed beings who ate modified foods that were designed to be resistant to commercial herbicides and pesticides fighting against the remnants of those beings who have been living through the toxic after effects.

The cat sound in the middle of the show was something I looked forward to with pure joy though.

It was. The only one I was a little iffy on was the mouse costumes one. 😂

Almost every single youth activity in the country requires signing such a waiver these days. 9 times out of 10 it's required by insurance. They usually don't cover gross negligence though, so just because one exists doesn't mean it's a slam dunk case.

I'm old enough to have seen the Instagram post on Dec 6 where it's clearly titled Unholy... 😄 I mean they can walk it back, doesn't matter right now until they get it out there and do something with it...

Speaking strictly of contracting your way out of civil penalties - one of the drum corps membership contracts that I recently saw had an entire page dedicated to the "Assumption & Waiver of Liability". By signing the contract, the member agreed to "waive, release, and agree to hold harmless" the drum corps, board of directors, staff, volunteers, sponsors and participants for just about any possible scenario that would result in "injury, illness, disability, death, or loss or damage to person or property". There was also a section of the contract that held the drum corps accountable and required the corps to abide by all policies outlined in their handbook and understand the consequences should they be violated. Not sure if that would override or void the contract if the drum corps didn't follow their own policies & procedures with respect to the handling of reported abuse, but I could see that being one area where the lawyers could argue something to that effect.

Ty for explaining, both for myself and the community. Since our last exchange, I've viewed an old member handbook that had to be signed by members. It's dated, but I saw no such waiver of responsibilities. Just a bunch fluff that they expected from members that apparently JF was free to ignore. Different corps, different era though. So if SOA is bringing it up, I imagine they can back it up, whether it's a waiver policy or NDA. Young people may not know to avoid a youth education org with such a waiver and loved ones may not be reading over their shoulders. Bungee jumping, or even a 10 week series of youth dance classes are one thing, and I appreciate the example, but touring youth education waiver of responsibility? ICK. The closest I got to that was our corps director shaking my parent's hand an assuring them I'd be safe. That was a lie, but not enforceable. If we're talking NDAs in any case, well, I and others have already expressed how we feel about that.

Hope things work out okay for you!

Music City shows have improved so much over the years. However, I don't think they will ever be able to top "phantom of the grand ole opry"...

It’s not good optics in any case.

Time to pack it up if there is a need for NDA's in a youth activity. I hope this young lady finds peace, resolution, and stops commenting on social media about it until the case is over. Only her attorney should be speaking at this point.

I hope they do one day. Such an agreement, if it exists, would be best described as nauseating, mortifying and despicable... and those who created it should be ashamed of themselves and publicly known. Looks like the Hales-SOA/DCI case might give us a first glimpse of what such a challenge might look like. I wish McKenzee and her support circle strength.

All corps were in the same boat in 2022 though. SCV has an added wrinkle coming out of pandemic then taking another year where they lost recruits and maybe even some of their top talent transferred to other corps, unsure if they return (probably a mixed bag). That said, SCV is a very talented corp. They could have an incredible program and hit a home run. Or they could take a step back. We’ve seen both situations happen to them before, and they e always managed to fight their way back to the top. Im very excited they are back. So many incredible musical moments from them over the years. I hope they surprise us all this season.

Here are the musical selections and description on the show: The journey starts with the poignant strains of "Wayfaring Stranger" mixed with "Down by the Riverside," setting a tone of solitude and introspection. The intensity builds through "Fire Water Paper" by Goldenthal and "Buckets of Burden" by CJ Barrow, with music that throbs with the heavy beats of endurance and struggle. The emotional release comes with the reflective "Pyramid Song" by Radiohead and the spiritual "Down to the River to Pray," guiding the audience through a beautiful, cathartic release of burdens into the river. The celebration of newfound freedom and beginnings bursts forth in the final segments with "Liquid Spirit" by Gregory Porter and "Riverside Rebirth" by CJ Barrow, elevating spirits with vibrant rhythms and a jubilant climax. “I am thrilled about the debut of 'LEAVE IT AT THE RIVER' on the field this season. We believe this show will challenge and enrich our members, offering them not only the chance to showcase their talents but also to grow personally and artistically through the story we're telling together,” said program coordinator, Shane Gwaltney. “It's an opportunity to explore themes of struggle, release, and rejuvenation that resonate with all of us, and I couldn't be more excited to see how it uplifts and inspires everyone involved.” MUSICAL SELECTIONS & INSPIRATION Wayfaring Stranger by Rhianon Giddens Down by the Riverside feat. Grandpa Elliott Fire Water Paper by Elliot Goldenthal Buckets of Burden by CJ Barrow (original work) Pyramid Song by Radiohead Down to the River to Pray by Alison Krauss Liquid Spirit by Gregory Porter Riverside Rebirth by CJ Barrow (original work) The visual narrative captivates the audience from the outset as performers, laden with buckets, navigate the stage, their movements echoing the heaviness of their burdens. This physical portrayal of life’s burdens is vividly illustrated during "Fire Water Paper" and "Buckets of Burden," where the choreography is both precise and expressive. The mood shifts dramatically as performers gracefully empty their burdens into the river during "Pyramid Song" and "Down to the River to Pray," marking a poignant moment of purification and release. The show concludes with an explosion of energy and movement during "Liquid Spirit" and "Riverside Rebirth," where the ensemble celebrates exhilarating freedom from past burdens with exuberant dances and collective joy.

Greetings any Phi Mu Alpha brothers of DCP, We are gathering the interest for a potential mass Sinfonian choir to sing the National Anthem at the Drum Corps International Midwest Tour Premiere at Rockford, Michigan on Wednesday, June 26th. If you are interested, please fill out the information below. When we have confirmed that enough brothers are available, we will send out an e-mail to all those who applied with logistics information. Be expecting that e-mail at the end of the month. We are planning to use the red book version of the National Anthem. This could be a huge boon for Phi Mu Alpha, and will get us a whole ton of great exposure at the show as well as streamed online. If you have questions, feel free to e-mail me at operations@northernlightsmi.org or message me here. https://forms.office.com/Pages/ResponsePage.aspx?id=-8CxZOyTf0OvMPFbzm73bohgDAhe_01GsRSoIgtm_CJURFFDMEQ5R09MVTk3RVI0TFdIV1BQSTBBTS4u

“LEAVE IT AT THE RIVER” takes us back to a time of simpler yet profound realities, where a lone wayfaring stranger embarks on a meaningful journey along a scenic river. The show ingeniously uses rustic piers and meandering ramps over a flowing river to mirror life’s twists and turns. Central to this narrative is the […]View the full article

I agree with you totally with 1-4 being a tier of its own. I was just basing it off his 1-5. But you are correct. And if we are being honest, until someone can step up and beat BD "CONSISTENTLY" they are in a tier of their own.

We went to the first show in Oswego, Illinois. They were rehearsing there and Jim said that he thought they’d be fourth. I’ve never let him forget it. In fact, I think I’ll bring it up again. Thanks for reminding me. 😂

I don’t have it anymore, but they can’t be hard to get. (I still have my pin, though.)

I’m interested! Hail Sinofinia!

It’s in Rockford. But not THAT Rockford; the other one.

It's not a large number but it's larger than you seem to think. There is a strong preference for experienced marchers but it has little to do with talent. Instead it's about comfort. The corps is comfortable with the odds of the candidate actually making it through to finals. Finding great talent is far easier than finding talent that will survive an entire drum corps season. Nothing is worse than investing all the time and energy into filling a spot only to have them leave half-way through spring training because (pick your favorite reason here).

DCI requires age verification, which usually means either birth certificate, ID or DL. I maintained those files for the years I was there, and I don't remember having anyone that couldn't produce those. We submitted our roster to DCI, who then had the ability to require us to provide proof on anyone at any time. DCI also used those rosters to generate member passes for the season. Where things got really weird is for kids who joined *after* the tour started; AFAIK, there was no really concrete way to update the DCI roster, and they wouldn't give you extra credentials later on. -Mike

Lots of layers to this onion

We'll have to see. Spirit only dropped 2 places when they didn't field for a year, and Vanguard is still a big draw due to their history and their accomplishments. While I do not think they will be fighting for a medal or beat any of last year's top 4, I do see a good possibility of them still being in the top 6. They still have a great staff, and while talent is certainly important the two single most important things are design and staff. We know they have the staff, we'll have to see how the design plays out.

yeah... i am not taking a prediction post as seriously as you mate... it's all in fun. Sorry to cause any struggles with any one person thinking about this. Just hoping they do bounce back... and continue with their amazing successes. One thing we do every year is seem to overrate certain "Other" corps... I am just trying to take a realistic.. and fun.. stab at it.

When I first glanced at the headline..I thought it said.....Leave it to Beaver.

You are correct about posting on social media. The plaintiff’s quote (cited previously) is from last fall. She now understands the importance of letting her legal counsel do the communications. Concerning the dates of the various filings etc, I have a gut feeling that we are looking at a fall 24 court date.

I would be very surprised to see SCV outscore the Mandarins in anything other than percussion this summer. I have heard from multiple sources that SCV has a younger hornline this year, which is frankly to be expected. Glad they're back...just hope they're able to improve the dismal toxic culture that their alums talk about.

St is too long. eats up so much money

This is standard, though it seems in the venue this is filed in requires more details than others do for content in an Answer to Complaint. Failure to state claim upon which relief may be granted, estoppel, etc - they are all standard defenses but spruced up here with some details and strong details at that. Every Answer filed to any complaint will always deny all claims. This filing is in no way a statement on Spirit's culture. It's a competent legal pleading drafted by an attorney and filed. Spirit likely gave them all the documentation they had, the attorneys reviewed formulated defense and filed. They have every right to vigorously defend themselves in the Court system. The information exchanged between the parties during discovery (which we will not get to see) is where the actual meat and potatoes is. This is a procedural standard response. Based on their filed answer, the facts of this matter have become more fascinating. This will be an exceedingly difficult case to prove on Plaintiff side I would imagine (Plaintiff has the burden, not Defendant). I don't doubt that things happened to Plaintiff. But what will they have or find in discovery as evidence that Spirit knew or should have known? And whatever they find, how will that hold up to the "hold harmless" contracts they reference in this Answer (basically - if there is a hold harmless contract, what actions did Spirit take that are so egregious that the contract is null and void)?