Not to dash anyone’s dreams, but I think it’s fair to say that the majority of the hundreds of thousands of students who participate in high school theatre annually will not go on to professional careers in the arts. The same holds true for the student musicians in orchestras, bands and ensembles. They all benefit from the experience in many ways: from the teamwork, the discipline and the appreciation of the challenge and hard work that goes into such endeavors, to name but a few attributes.

But for some students, those high school experiences may be the foundation of a career, of a life, and it’s an excellent place for skills and principles to be taught. As a result, I have, on multiple occasions, heard creative artists talk about their wish that students could learn about the basics of copyright, which can for writers, composers, designers, and others be the root of how they’ll be able to make a life in the creative arts, how their work will reach audiences, how they’ll actually earn a living.

I’m not suggesting that everyone get schooled in the intricacies of copyright law, but that as part of the process of creating and performing shows, students should come to understand that there is a value in the words they speak and the songs they sing, a concept that’s increasingly frayed in an era of file sharing, sampling, streaming and downloading. Creative artists try to make this case publicly from time to time, whether it’s Taylor Swift pulling her music from Spotify over the service’s allegedly substandard rate of compensation to artists or Jason Robert Brown trying to explain why copying and sharing his sheet music is tantamount to theft of his work. But without an appreciation for what copyright protects and supports, it’s difficult for the average young person to understand what this might one day mean to them, or to the people who create work that they love.

*   *   *

All of this brings me to a seemingly insignificant example, that of a production of the musical The Wiz at Skyline High School in Oakland, California back in 2011. Like countless schools, Skyline mounted a classic musical for their students’ education and enjoyment, in this case playing eight performances in their 900 seat auditorium, charging $10 a head. These facts might be wholly unremarkable, except for one salient point: the school didn’t pay for the rights to perform the show.

The licensing house Samuel French only learned this year about the production, and consequently went about the process of collecting their standard royalty. Over the course of a few months, French staff corresponded with school staff and volunteers connected with the drama program, administration and ultimately the school system’s attorney. French’s executive director Bruce Lazarus shared the complete correspondence with me, given my interest in authors’ rights and in school theatre.

I’m very sympathetic to any school that wants to give their students a great arts experience, and so the drama advisor’s discussion in the correspondence of limited resources and constrained budgets really struck me. Oakland is a large district and Skyline is an inner-city school; I have no reason to doubt their concerns about the quoted royalty costs for The Wiz being beyond their means. But their solution to this quandary took them off course.

Skyline claims that they did their own “adaptation” of The Wiz, securing music online and assembling their own text, under the belief that this released them from any responsibility to the authors and the licensing house. While they tagged their ads for the show with the word “adaptation,” it’s a footnote, and if one looks at available photos or videos from the production, it seems pretty clear that their Wiz is firmly rooted in the original material, even the original Broadway production. Surely the text was a corruption of the original and perhaps songs were reordered or even eliminated. It’s also worth noting that Skyline initially inquired about the rights, but then opted to do the show without an agreement.

*   *   *

OK, so one school made a mistake over three and a half years ago – what’s the big deal? That brings me to the position taken by the Oakland Unified School District regarding French’s pursuit of appropriate royalties. OUSD has completely denied that French has any legitimate claim per their attorney, Michael L. Smith. In a mid-October letter, Mr. Smith cites copyright law statute of limitations, saying that since it has been more than three years since the alleged copyright violation, French is “time barred from any legal proceeding.” Explication of that position constitutes the majority of the letter, save for a phrase in which Mr. Smith states, “As you are likely aware, there are limitations on exclusive rights that may apply in this instance, including fair use.”

As I’m no attorney, I can’t research or debate the fine points of statutes of limitation, either under federal or California law. However, I’ve read enough to understand that there’s some disagreement within the courts, as to when the three-year clock begins on a copyright violation. It may be from the date of the alleged infringement itself, in this case the date of the March and April 2011 performances, but it also may be from the date the infringement is discovered, which according to French was in September 2014. We’ll see how that plays out.

The passing allusion to fair use provisions is perhaps of greater interest in this case. Fair use provides for the utilization of copyrighted work under certain circumstances in certain ways. Per the U.S. Copyright office:

Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

*   *   *

Rather than parsing the claims and counterclaims between Samuel French and the school district, I consulted an attorney about fair use, though in the abstract, not with the specifics of the show or school involved. I turned to M. Graham Coleman, a partner at the firm of Davis Wright Tremaine in their New York office. Coleman works in all legal aspects of live theatre production and counsels clients on all aspects of copyright and creative law. He has also represented me on some small matters.

“In our internet society, “ said Coleman, “there is a distortion of fair use. We live in a world where it’s so easy to use someone’s proprietary material. The fact that you based work on something else doesn’t get you off the hook with the original owner.”

Without knowing the specifics of Skyline’s The Wiz, Coleman said, “They probably edited, they probably varied it, but they probably didn’t move it into fair use. Taking a protectable work and attempting to ‘fair use’ it is not an exercise for the amateur.”

Regarding the language in fair use rules that cite educational purposes, Coleman said, “Regardless of who you are, once you start charging an audience admission, you’re a commercial enterprise. Educational use would be deemed to mean classroom.”

While Coleman noted that the cost of pursuing each and every copyright violation by schools might be cost prohibitive for the rights owners, he said that, “It becomes a matter of principle and cost-effectiveness goes out the window. They will be policed. Avoiding doing it the bona fide way will catch up with you.”

*   *   *

That’s where the Skyline scenario gets more complicated – because their “adaptation” of The Wiz wasn’t their only such appropriation of copyrighted material. In 2012, the school produced a stage version of Julie Taymor’s Beatles-inspired film Across The Universe, billing it accordingly and crediting John Lennon and Paul McCartney as the songwriters. The problem is, there is no authorized stage adaptation of the film, although there have been intermittent reports that Taymor is contemplating her own, which her attorney affirmed to me. In this case, the Skyline production is still within the statute of limitations for a copyright claim.

I attempted to contact both the principal of Skyline High and the superintendent of the school district about this subject, ultimately reaching the district’s director of communications Troy Flint. In response to my questions about The Wiz, Flint said, “We believe that we were within our rights. I can’t go into detail because I’m not prepared to discuss our legal strategy. We believe this use was permissible.”

He couldn’t speak to Across The Universe; it seemed that I may have been the first to bring it to the district’s attention. Flint said he didn’t know whether other Skyline productions, such as Hairspray and Dreamgirls, had been done with licenses from rights companies, although I was able to confirm independently that Hairspray was properly licensed. Which raises the question of why standard protocol for licensing productions was followed with some shows and not others.

*   *   *

My fundamental interest is in seeing vital and successful academic theatre. So while their identities are easily accessible, I’ve avoided naming the teacher, principal and even the superintendent at Skyline because I don’t want to make this one example personal. But I do want to make it an example.

Whether or not I, or anyone, personally agree with the provisions of U.S. copyright law isn’t pertinent to this discussion, and neither is ignorance of the law. The fact is that the people who create work (and their heirs and estates) have the right to control and benefit from that work during the copyright term. Whether the content is found in a published script and score, shared on the internet or transcribed from other media, the laws hold.

If the Skyline examples were the sole violations, a general caution would be unnecessary, but in the past three months alone, Samuel French has discovered 35 unlicensed/unauthorized productions at schools and amateur companies, according to the company’s director of licensing compliance Lori Thimsen. Multiply that out over other rights houses, and over time, and the number is significant. This even happens at the professional level.

At the start, I suggested that students should know the basic of copyright law, both out of respect for those who might make their careers as creative artists, as well as for those who will almost certainly be consumers of copyrighted content throughout their lives. But it occurs to me that these lessons are appropriate for their teachers as well, notwithstanding the current legal stance at Skyline High. There can and should be appreciation for creators’ achievements as well as their rights, and appropriate payment for the use of their work – and those who regularly work with that material should make absolutely certain they know the parameters, to avoid and prevent unwitting, and certainly intentional, violations.

*   *   *

One final note: some of you may remember Tom Hanks’s Oscar acceptance speech for the film Philadelphia, when he paid tribute to his high school drama teacher for playing a role in his path to success. It might interest you to know that Hanks attended Skyline High and thanks in part to a significant gift from him, the school’s theatre – where the shows in question were performed – was renovated and renamed for that teacher, Rawley Farnsworth, in 2002. Hanks also used the occasion of the Oscars to cite Farnsworth and a high school classmate as examples of gay men who were so instrumental in his personal growth.

I have no doubt that there are other such inspirational teachers and students at Skyline High today, perhaps working in the arts there under constrained budgets and resources. Yet regardless of statutes of limitations, it seems that the Rawley T. Farnsworth Theatre should be a place where respect for and responsibility to artists is taught and practiced, as a fundamental principle – and where students get to perform works as their creators intended, not as knockoffs designed to save money.

*   *   *

Update, December 3, 2014, 4 pm: This post went live at at approximately 10:30 am EST this morning. I received an e-mail from OUSD’s director of communications Troy Flint at approximately 1 pm asking whether the post was finished and whether he could add to his comments from yesterday. I indicated that the post was live and provided a link, saying that I have updated posts before and would consider an addendum with anything I found to be pertinent. He just called to provide the following statement, which I reproduce in its entirety.

Whatever the legality of the situation at Skyline regarding The Wiz and Across The Universe, the fundamental principle is that we want the students to respect artists’ work and what they put into the product. My understanding is that Skyline’s use of this material is legally defensible, but that’s not the best or highest standard.

As we help our students develop artistically, we want to make sure they have the proper respect and understanding of the work that’s involved with creating a play for the stage or the cinema. So we have spoken with the instructors at Skyline about making sure they follow all the protocols regarding rights and licensing, because we don’t want to be in a position of having the legality of one of our productions questioned as they are now and we don’t want to be perceived as taking advantage of artists unintentionally as we are now. It’s not just a legal issue but an issue of educating students properly.

While everyone I have spoken with about this issue disagrees fairly strenuously with the opinion of the OUSD legal counsel, it’s encouraging that the district wants to stand for artists’ rights and avoid this sort of conflict going forward. I hope they will ultimately teach not only the principle, but the law. As for past practice, I leave that to the lawyers.

Update, December 3, 2014, 7 pm: Following my update with the statement from the school district, I received a statement of response from Bruce Lazarus, executive director of Samuel French. It is excerpted here.

By withholding the proper royalty for The Wiz from the authors, the OUSD is communicating to their students that artistic work is worthless. Is this an appropriate message for any budding artist? That you too can grow up to write a successful musical…only to then have a school district destroy your work and willfully withhold payment?

It needs to be made clear to the OUSD and the students involved that an artist’s livelihood depends on receiving payment for their creative work. This is how artists make a living. How they pay the rent and feed their families. It is simply unbelievable that this issue can be tossed aside with an “Our bad, won’t happen again” response without consideration of payment for their unauthorized taking of another’s property.

Are other students of the OUSD, those that are not artists, being educated to expect payment for their services rendered when they presumably become doctors, engineers, entrepreneurs and the next leaders of the Bay Area? Of course they are. And so it goes for the artists in your classrooms, who should be able to grow up KNOWING there is protection for their future work and a real living wage to be made.

Equal time granted, I leave it the respective parties to resolve the issue of what has already taken place.

Earlier this month, the administration at Maiden High School in Maiden, North Carolina tried to put a stop to the student production of John Cariani’s Almost, Maine. With permission slips in hand, the cast chosen and rehearsals just underway, the school announced the show was off. But it’s only off school grounds. The play will go on.

*   *   *

As first reported last week by WSOC TV in two reports [here and here], with additional reporting from Think Progress, Almost, Maine was shuttered because of a single scene, entitled “They Fell,” in which two buddies reach the startling discovery that they love one another – by actually falling down. Repeatedly. There’s no sexual innuendo, no physical contact, and the words “gay” and “homosexual” aren’t spoken. The scene takes up six pages of a 54 page text.

It’s not as if the school didn’t know the play was in the works. Maiden High School junior Conner Baker, who was to direct the production, said that when the administration was asked for permission, they gave it within a day.

“Our teacher advisor spoke to our principal,” said Baker, “who then spoke to the superintendent. We were told through our student advisor.”

She explained that students had to get permission slips with parents expressly agreeing to let their children participate, which hadn’t happened before in her experience. Of the permission slip, she said, “I don’t remember it word for word. It was along the lines of, ‘We have chosen Almost, Maine as our fall play this year. The play includes nine vignettes about love, one of which is centered around two male best friends who realize they are in love with each other’.”

Baker also described parents being required to come to one of two meetings in person to give their approval, also a new requirement. “Whenever a parent came in, I explained to them the content of the play and told them that for their child to audition, they needed to sign the permission slip.” Students also were permitted to audition with the scene in question, but Baker said she didn’t know where that requirement came from. “We were told by our teacher, though I know it wasn’t her decision. I also do not know why.”

After the show was cast and had just begun rehearsals, the word came that the show was off. “We were told by our teacher. They said the community isn’t ready for it. There wasn’t really a big discussion about it.”

*   *   *

Maiden High School’s logo

In spite of all the strictures placed on the audition process – the permission slips, parents coming to meetings – the school’s statement, issued after the news media began to pick up the story, clearly sought to obfuscate the issue, using the ‘approval hadn’t been given’ excuse that crops up so regularly in instances of school theatre censorship. Issued by Principal Rob Bliss (Robert_Bliss@catawbaschools.net) , it read:

“Our faculty and staff are still in review of potential performances to be conducted by our students this fall. At this time, no final decision has been made regarding whether and what drama performances are to be presented this fall. In regards to the request for students to perform the play “Almost Maine,” careful review and consideration was given to the contents of this play. The play contained sexually-explicit overtones and multiple sexual innuendos that are not aligned with our mission and educational objectives.

“As principal of Maiden High School, I have an obligation to ensure that all material, including drama performances is appropriate and educationally sound for students of all ages.”

The consensus in conversations on Facebook between various students was that some adults and churches in the area had made their displeasure known to the school administration, focusing on the gay storyline. None of them appear to have made their concerns known publicly. Yet this prompted the school to pull the plug without giving any hearing to those in support of the play.

*   *   *

Upon learning about the cancelation, one area adult, Carmen Eckard, a former local teacher, sent an e-mail to a number of administrators at the school. She wrote, in part:

“These kids have spent years fostering their love of theatre. In fact, I taught many of them at Startown Elementary, and they loved theatre class! That has blossomed into a real appreciation and dedication, and the decision to cancel a play after rehearsals had begun is extraordinarily disrespectful, and counterintuitive to education.

“Their passion is now spurred, and they will show you how dedicated they are.  I’m sure you’ll quickly realize that a mistake has been made.

“My advice would be to reinstate the play, before Huffington Post picks up this story. It’s just the kind of thing they love, and I’m sure we’ll all appreciate not  being highlighted in national news as a ‘backwards’ town, again.”

She received a response from the school superintendent Dr. Dan Brigman (dan_brigman@catawbaschools.net), who thanked her for writing, but didn’t address Almost, Maine at all, simply saying another appropriate play would be found. [For legal reasons, I am paraphrasing the superintendent’s brief reply.]

It seems a shame that Brigman didn’t heed Eckard’s warning, given the media attention that has resulted  from the cancelation (even reaching up into Maine). As for being highlighted in the national news “again,” while I didn’t ask Eckard what she was referring to specifically, I am assuming it was the 2012 stories about local Pastor Charles Worley of the Providence Road Baptist Church in Maiden. Worley got lots of press, far beyond HuffPo, for stating that gays and lesbians should be confined behind an electrified fence. Plenty of North Carolinians spoke out against Worley at the time, but his church remains active in the community.

*   *   *

Conner Baker (l.) and Carmen Eckard (photo by Eckard Photographic)

Eckard did more than just write a letter. She got involved.

“As soon as I realized that it was my old students and the play was Almost, Maine, I started looking for ways to help,” she wrote in an e-mail. “By Friday, Connor and I had scheduled a meeting, and people had started contacting both of us, asking for ways to help.”

In my very first communications with Baker and Eckard, both immediately said they hoped to try to do the play off-campus, so I asked them both whether they considered fighting the decision.

Referring to the response she received from the principal, Eckard continued, “The response I received convinced me pretty thoroughly that trying to change the ruling would be a waste of time. It also gives the power in the situation completely to the school board – it’s their decision. The community is extraordinarily conservative.”

Conner Baker said, “I think at first we considered that, but as a group, we just want to do what’s best for us. Our whole reasoning behind speaking out was to be able to do the show.”

While many outside groups and individuals offered their support, Baker and Eckard felt it was best not to be antagonistic as they went forward.

Eckard explained, “The kids said, ‘The main thing we want to do is that we don’t want to alienate the community, we want to keep things positive. We’re going to take our play somewhere else for people who want to see it.’ I think this way will make people happy-ish.”

*   *   *

Before learning that the show might go on off-campus, playwright John Cariani learned of the situation in Maiden and crafted a reply that was posted to the Almost, Maine Facebook page. It read, in part:

“If Maiden High School administrators take issue with ‘They Fell’ because it’s about two young men who are simply stating their feelings for one another, they are calling into question the validity of same-sex love by making it seem wrong and different and other. They are allowing a dangerous cycle of fear and self-hatred among LGBTQ youth to continue, and, consequently, they are tacitly promoting homophobia. This is simply not necessary. Nor is it helpful. We don’t need any more Tyler Clementis or Jamey Rodemeyers and Jamey Hubleys. We need kids to know that it’ll “get better.” Falling in love is tough enough when you’re young. Let’s remove the stigma of falling in love with someone of the same sex…

“By canceling the play, it seems to me that school officials are pleasing parents and pillars of the community rather than serving the students. I think there’s a better solution than to stop the production.”

In a phone conversation, I asked Cariani if he had originally conceived of his play being performed by high schools, where it is enormously popular, landing as number one on the Educational Theatre Association’s list of the most produced plays in high school theatre this year. (You can see a list of upcoming productions by searching on the Dramatists Play Service website’s Page to Stage page.)

John Cariani, author of Almost, Maine

“Not at all,” he replied. “I thought it was a play for adults. The first high school production was Cape Elizabeth High School in Maine. They were a great theatre program when I was growing up [also in Maine, but in another school system]. Their teacher approached me and I thought, ‘High school students can’t do this play.’ But I got to see their production. The teacher helped me to understand that high school kids are on the verge of adulthood, but still optimistic of what the world can do for them and what they can do for the world. That is what makes high school kids, when they do it well, do it super-well.”

Cariani said he knew of a couple of instances in the past where there were efforts to censor or cancel the play. He noted one at Bel Air High in Maryland where the American Civil Liberties Union was instrumental in insuring the play went on. He also echoed Baker and Eckard’s sentiments about how to go forward.

“It’s important that we achieve our goals without being mean,” he offered. “It’s dangerous.”

But, I wondered, given the countless productions around the country, wasn’t it possible that some school might have already done, or might be planning to do, the show and altering “They Fell” unilaterally? What would he like to say to anyone who has done that or contemplates that, against the legal contract of the license and copyright law?

“It’s lying,” said Cariani, “because that’s not the play.”

*   *   *

Some of the Maiden High Students who will continue to work on Almost, Maine (Photo by Eckard Photographic)

Last night, October 20, Baker and Eckard held a small meeting to begin organizing the play for production away from Maiden High School, discussing possible venues, budgets and timing.

I asked Baker whether she thought she might lose any of her cast, since the show is no longer a school activity, especially because the school has already begun surveying students as to their interest in participating in an alternate play under official auspices.

“Only one person for sure said they couldn’t do it anymore,” she replied. “But the show really is meant for four actors and we have a cast of 20, so even if half of them dropped out, we could still do it.”

Maiden senior Logan Riley wrote to me, regarding the school’s effort to mount its own show, “The school system wants to have another show to settle the unrest in the community. This does not mean that we will actually put on another show.”

Moving the play off school grounds could still result in opposition. Are either Baker or Eckard concerned?

“We don’t care if they oppose it,” said Eckard. “Free speech! It won’t matter if they are against a public performance, because those of us involved aren’t under any particular employment or jurisdiction that would cause us to fear retribution.”

Baker echoed the sentiment. “I mean, people will complain no matter where we perform it. We aren’t forcing anyone to come out and see it, but if people do protest, it won’t stop us from performing it.

*   *   *

So the students of Maiden High School are going forward with Almost, Maine, targeting the first weekend in January for production. They’ve set up a Kickstarter page to raise the funds they need and hope to confirm a location shortly. Their cleverly named website-to-be is www.almost maiden.com.

This isn’t the first time students have taken a show off of school grounds to get it done (there are many precedents, including Wilton CT and La Grande OR) and one has to applaud the Maiden students’ commitment to seeing the show happen, with its myriad messages of love intact. I have to confess to feeling that the school is getting off easy, since the relocated production also shifts the spotlight off of their efforts to silence the students and the play, leaving intact the utterly unacceptable official message that LGBTQ love is something to be hidden away – even as North Carolina begins legal same sex marriages.

But Conner Baker has a simple reason for how the play will now happen, and it’s pretty hard to argue against.

“We aren’t doing it to upset anyone,” she says. “We just want to do what we love doing.”

Aside from being the month of copious pumpkin flavored foodstuffs, October also brings two perennial theatrical top ten lists that are worthy of note: American Theatre magazine’s list of the most produced plays in Theatre Communications Group theatres for the coming season and Dramatics magazine’s lists of the most produced plays, musicals and one-acts in high school theatre for the prior year. They both say a great deal about the state of theatre in their respective spheres of production, both by what’s listed explicitly, as well as by what doesn’t appear.

In the broadest sense, both lists are startlingly predictable, although for different reasons. If you happen to find a bookie willing to give you odds on predicting the lists, here’s the trick for each: for the American Theatre list, bet heavily on plays which appeared on Broadway, or had acclaimed Off-Broadway runs, in the past year or two. For the Dramatics list, bet heavily on the plays that appeared on the prior year’s list.

But in the interest of learning, let’s unpack each list not quite so reductively.

American Theatre

As I’ve written in the past, what happens in New York theatre is a superb predictor of what will happen in regional theatre in the coming seasons, especially when it comes to plays. Any play that makes it to Broadway, or gets a great New York Times review, is going to grab the attention of regional producers. Throw in Tony nominations, let alone a Tony win – or the Pulitzer – and those are the plays that will quickly crop up on regional theatre schedules.

Anyone who follows the pattern of production would have easily guessed that Christopher Durang’s Vanya and Sonia and Masha and Spike would proliferate this year, being a thoughtful, literary based comedy with a cast of only six. That American Theatre lists 27 productions doesn’t even take into account the 11 theatres that did the show in 2013-14, and certainly there are non-TCG theatres which are doing the show as well. It’s no surprise that Durang has said he made more money this past year than in any other year of his career; it’s a shame that financial success has taken so long for such a prodigiously gifted writer and teacher.

In general, shows on the American Theatre list have about a three year stay, typically peaking in their second year on the list, but this can vary depending upon when titles are released by licensing houses and agents to regional theatres. 25 years ago (and more significantly years before that) theatres might have had to compete with commercial tours, but play tours are exceedingly rare birds these days, if not extinct.

Perhaps this rush to the familiar and popular and NYC-annointed is disheartening, but it’s worth observing that the American Theatre list notes how many productions each title gets, and that after the first couple of slots, we’re usually looking at plays that are getting 7 or 8 productions in a given season, across TCG’s current universe of 474 member companies (404 of which were included in this year’s figures). Since the magazine notes a universe of 1,876 productions, suddenly 27 stagings of a single show doesn’t seem so dominant after all. Granted, TCG drops Shakespeare from their calculations, but even he only counted for 77 productions of all of his plays across this field. So reading between the lines, the American Theatre list suggests there’s very little unanimity about what’s done at TCG member theatres in any given year, a less quantifiable achievement but an important one.

Dramatics

While titles come and go on the American Theatre list, stasis is the best word to describe the lists of most produced high school plays (it’s somewhat less true for musicals). Nine of the plays on the 2014 list were on the 2013 list; 2014 was topped by John Cariani’s Almost, Maine, followed by A Midsummer Night’s Dream and the two titles were in reverse order the prior year. The other duplicated titles were Our Town, 12 Angry Men (Jurors), You Can’t Take It With You, Romeo and Juliet, The Crucible, Harvey and The Importance of Being Earnest.

Like the American Theatre list, the Dramatics survey doesn’t cover the entirety of high school theatre production; only those schools that are members of the Educational Theatre Association’s International Thespian Society have the opportunity to participate, representing more than 4,000 high schools out of a universe of 28,500 public, private and parochial secondary schools in the country. Unlike the Dramatics list, there are no hard numbers about how many productions each show receives, so one can only judge relative popularity.

Almost, Maine’s swift ascension to the top rungs of the list is extraordinary, but it’s due in no small part to its construction as a series of thematically linked scenes, originally played by just four actors but easily expandable for casts where actor salaries aren’t an issue. Looking at recent American Theatre lists, they tend to be topped by plays with small casts (Venus in Fur, Red, Good People and The 39 Steps), while the Dramatics list is the reverse, with larger cast plays dominating, in order to be inclusive of more students (though paling next to musicals where casts in school shows might expand to 50 or more).

The most important trend on the Dramatics list (which has been produced since 1938) is the lack of trends. Though a full assessment of the history of top high school plays would take considerable effort, it’s worth noting that Our Town was on the list not only in 2014 and 2013, but also in 2009, 1999 and 1989; the same is true for You Can’t Take It With You. Other frequently appearing titles are Arsenic and Old Lace, various adaptations of Alice in Wonderland, Harvey, and The Miracle Worker.

No doubt the lack of newer plays with large casts is a significant reason why older classic tend to rule this list; certainly the classic nature of these works and their relative lack of controversial elements play into it as well. But as I watched Sheri Wilner’s play Kingdom City at the La Jolla Playhouse a few weeks ago, in which a drama director is compelled to choose a play from the Dramatics list, I wondered: is the list self-perpetuating? Are there numerous schools that seek what’s mainstream and accepted at other schools, and so do the same plays propagate themselves because administrators see the Dramatics list as having an implied educational seal of approval?

That may well be, and if it’s true, it’s an unfortunate side effect of a quantitative survey. But it’s also worth noting that many of these plays, vintage though they may be, have common themes, chief among them exhortations to march to your own drummer, to matter how out of step you may be to the conventional wisdom. They may be artistic expressions from other eras about the importance of individuality, but in the hands of teachers thinking about more than just placating parents, they are also opportunities to celebrate those among us who may seem different or unique, and for fighting for what you believe in against prevailing sentiment or structures.

*   *   *

Looking at musicals on the American Theatre list is a challenge, because their list is an aggregate of plays and musicals, and while many regional companies now do a musical or two, it’s much harder for any groundswell to emerge. In the last five years, only three musicals have made it onto the TCG lists, each for one year only: Into The Woods, Spring Awakening and The 25th Annual Putnam County Spelling Bee. That doesn’t mean there’s a dearth of musical production, it simply shows that the work is being done by companies outside of the TCG universe.

Musicals are of course a staple of high school theatre, but the top ten lists from Dramatics are somewhat more fluid. While staples like Guys and Dolls, Grease, Once Upon a Mattress, You’re A Good Man Charlie Brown and Little Shop of Horrors maintain their presence, newer musicals arrive every year or two, with works like Seussical, Legally Blonde, Spelling Bee, and Thoroughly Modern Millie appearing frequently in recent years. At the peak spot, after a six-year run, Beauty and the Beast was bested this year by Shrek; as with professional companies, when popular new works are released into the market, they quickly rise to the top. How long they’ll stay is anyone’s guess, but I have little doubt that we’ll one day see Aladdin and Wicked settle in for long tenures.

*   *   *

When I looked at both the American Theatre and Dramatics lists over a span of time, the distinct predictability of each was troubling. Coming out when they do, before most theatrical production for the next theatre season is set, I’d like to see them looked at not as any manner of affirmation, but as a challenge – whether to professional companies or school schedules. I admire and enjoy the plays that are listed here, and nothing herein should be construed as critical of any of these shows; audiences around the country deserve the opportunity to see them. While I do have the benefit of living in New York and seeing most of these popular shows there, I must confess that I am most intrigued by the theatre companies and school groups that might just say to themselves, ‘Let’s not do the shows, or too many of the shows, that appear on these lists. Let’s find something else.’ Those plays may never appear as part of any aggregation, but I suspect the groups’ work will be all the more interesting for it, benefiting both artists and audiences.

A couple of weeks ago, yet another high school play was canceled over its content, this time at Santiago High School in Corona, California. Unlike the cases we often hear about, there was no press about the decision, no student protest, no faculty outcry. By the time I learned of it and communicated briefly on social media with a couple of students involved in the show, they were ready to just move on. The play was to have been performed in the latter part of this month.

Hearts Like Fists at Theatre of NOTE

The play, Hearts Like Fists, was first produced only two years ago, debuting at Theatre of NOTE in Los Angeles in August 2012. It made its East Coast premiere in December of the same year at New York’s Flux Theatre Ensemble. Described in a synopsis as “a superhero noir comedy about the dangers of love,” it has already been produced at several high schools, including the Jewish Community High School of the Bay Area and at Sachse High School in Sachse, Texas; it will be done next month at TMI – The Episcopal School of Texas in San Antonio. As someone who sees real value in high school students having the opportunity to work on contemporary plays, I was very pleased to see that such a new work had been quickly found by schools.

How did I learn of the quiet cancelation in Corona? My high school theatre advocacy was mentioned in conversation on Facebook where the play’s author, Adam Szymkowicz, had shared the news, which he only learned of through students who had contacted him on Twitter. While a school representative, in response to my inquiry, said that the cancelation was due to the play not having received the proper approval, that is an oft-cited reason that typically differs from other accounts. But with no other accounts to go by in this case, I’m left only with a vague sense of something amiss, since I doubt that any teacher would go into rehearsal for a show without having followed the appropriate protocols. That would be a willful challenge to an administration, putting employment at risk.

Advertising for production at Theatre of NOTE

In my opinion, the play has an enormous amount to offer school theatre troupes, as it addresses love, rejection, and female empowerment by inverting many comic book tropes, offering strong female roles in a stylized ensemble work with 9 or 10 roles. It does, however, contain stage violence and a handful of phrases that might well bring parents up short. Shorn of context, they include, “She knees him in the groin,” “I promised you angry sex,” and “I’m thinking about your body pressed against mine…I’m thinking about taking of all your clothes piece by piece…Then I would tear into you, with my hands and with my teeth. I would leave marks.”

While these phrases are not typical of the dialogue in Hearts Like Fists, and indeed these examples comprise the majority of what I thought could prove problematic for schools, one can imagine parents who might take exception to hearing this out of the mouths of 17-year-olds, even if the same students might discuss such things in their own lives or hear them even on broadcast TV. But as a result, the skittishness of administrators to allow them to be spoken in performance is not a complete shock. It’s a shame, really, because the play offers so much, but schools have long proven themselves to be risk averse.

I know Szymkowicz entirely from online interactions, stemming in large part from his impressive ongoing series of interviews with other playwrights, so I reached out to him about the cancelation, both before and after reading the play. Via e-mail, I asked Szymkowicz about the fact that in his Facebook dialogue, he seemed disinclined to make an issue of the cancelation.

Adam Szymkowicz

“As a playwright I am used to plays being postponed or cancelled for various reasons,” he replied. “Productions appear out of nowhere and sometimes just as mysteriously, planned productions don’t happen. I’m not saying it’s a fun thing about being a playwright but at this point I’m used to it. It never occurred to me that I have any power in whether or not planned productions do actually happen. Either people want to do a play or they don’t. I can’t make people do my play just because they said they would.” Szymkowicz noted that the show has had 10 productions, with four more coming up, and would soon be his most produced work.

Had he ever thought about Hearts Like Fists as a play for high schools, I wondered. “No,” was his simple reply. “It was a commission for South Coast Repertory. But I specifically didn’t have cursing in it because of how sensitive it seemed that Orange County audience was to curse words based on the reading of another play I had there.  The fact that high schools have been doing it is a happy accident.”

But, in hindsight, does he believe there are facets of the play that particularly speak to high school performers and/or audiences? “I think loving the wrong person is an experience a lot of people have in high school,” he observed. “Also being a secret superhero (metaphorically) or having super powers not yet fully expressed. All general love confusion. High school is, for some, a confusing time.”

As is the case with a number of newer musicals, I wondered if he would consider authorizing a high school version of the show, with his own content edits. “I looked at the play once,” he wrote, “a year or so ago, with an eye to that, but I couldn’t figure out how to make tamer versions of certain scenes still work.”

Given the few phrases that might well give schools pause, I wondered whether Szymkowicz had considered that schools that have done or will do the show might be making their own, unauthorized edits, and how he would feel about that. He replied, “I wouldn’t like that and, of course, as you know, contractually they are forbidden from doing so.”

However, he wasn’t opposed to school editions on principle, saying, “If it doesn’t harm the play, sure. I am glad high schools are doing more challenging work and pushing boundaries and creating conversations. I worry about work that is sanitized past the point of having meaning or worth. But if you as a writer can take out something too adult (not that we all agree on what that is) but still have a play you are proud of, more power to you. Some wonderful plays are done frequently at the high school level.”

Finally, I asked Szymkowicz whether there was anything he’d like to say to the students, or to the administration, about the play being canceled.

“I spoke to a few of the students over Twitter who seem heartbroken and sent my regrets that this happened after they had already started rehearsals. I suspect the administration thought it would harm his/her community in some way to do this play. I think it is a bigger harm to not let them do the play.  But look. I’m a playwright, not an administrator. I think theater is a good thing. I think communication is always better than shutting down conversations that make us uncomfortable. And honestly I also think my play is kind of tame. I suspect if these kids wrote plays themselves they would be much more upsetting or explicit than my play.”

I happen to agree strongly with Szymkowicz that communication is better than cancelation, and I believe that somewhere in the process of play selection, the start of production at Santiago High and the cancelation, some essential communication was missed. I admire the teacher who wanted to bring new work to her students and I respect the playwright for his decision that any alteration in the play would be to its detriment, and that even in high schools, he wants to see his play done as written, which is his absolute right. Much as I’d like to figure out if there’s a villain here, I can’t. And, sadly, circumstances have insured that Szymkowicz’s villain, the rejected, lovelorn Doctor X won’t be found at Santiago High either.

I am angry and I am sad. But I am not entirely surprised.

Earlier this morning, Dawn Burch, drama director at South Williamsport Area Junior/Senior High School in Pennsylvania, was fired from her position. By e-mail. The reason given? “Job performance.”

It doesn’t take a detective to figure out what’s really going on. At the beginning of July, Burch asserted that her musical choice for this school year, Spamalot, had been nixed by the school due to its gay content. School officials vehemently denied that was the case.

In late August, Keystone Progress and I received copies of school e-mails between Burch, principal Jesse Smith and superintendent Mark Stamm regarding the decision. An e-mail from Smith from the end of June cited “homosexual themes” as the reason for canceling the show.

So now, less than a month after the administration’s efforts to hide their own actions were revealed, Burch suddenly loses her job. Save for holding auditions and beginning rehearsals for the school’s fall play, Alice in Wonderland, she has barely undertaken her job for this year, as prior to that it was summer break. When exactly did these job performance issues come to light? Awfully coincidental, no?

I believe Burch has been fired for telling the truth. Burch has been fired for not being willing to accept that gay life was not something to be hidden away, not something to be ashamed of, not something to be afraid of. It hardly takes another Right-to-Know request to put together the pieces.

I wanted to interview Burch about what has transpired, but she was too emotional to say much more than the bare facts of the firing as cited above, except to express concern about what would happen to the fall play and to the students already cast, who were looking forward to being in the show. Will it still happen? Who knows. But even on a difficult day, Burch’s main concern was for the students. She may not be a teacher (and therefore has no tenure), but putting the needs of students first is a sign of an excellent teacher, accredited or not. There are many ways to teach.

It’s worth noting that at a Board of Education meeting a week and a half ago, conversation regarding the Spamalot issue was expressly deferred until this coming Monday, September 22. So it’s quite remarkable that this decisive action took place even before the South Williamsport community could discuss the issue publicly; that they were denied any opportunity to speak before the issue was resolved and that it became a referendum on Burch’s performance, rather than about condoning homophobia and then hiding that fact. Will the topic still be discussed Monday night? Perhaps. But there’s going to be a lot of discussion in the past tense when it comes to Burch.

Perhaps we’ll all be surprised. Perhaps overwhelming support for Burch will be in evidence on Monday night. Perhaps the Board of Ed members will discover that this is an issue that will be a factor when they run for reelection. Perhaps parents will make clear that they can’t trust the word of the board chair, the superintendent and the principal, given their efforts to obscure the truth in this situation. Perhaps the press will cover the fallout of this firing with rigor and depth, and a truer picture will emerge.

I don’t know how the students will feel, or what they’ll be told about the loss of their drama director. I don’t know how they’ll react, or if they will at all. But just as kids are smart enough to intuit a great many things from a very early age, I suspect many of them are going to realize that they’ve just been given a lesson in right and wrong, in honor and duplicity, in the politics of fear and silence. They’ve seen just how badly their elders can behave in the name of protecting them. I hope they’ll see through it as well.

And I hope they’ll realize that Dawn Burch is a hero. I think plenty of people already do.

Even if I were to attend the Board of Education meeting of the South Williamsport Area School District in Pennsylvania this coming Monday, September 22, I couldn’t speak. That’s because the district only allows comment from residents and taxpayers, and I am neither. Even if I were permitted to speak, I very likely would only be permitted to make a statement, since many school boards allow public comments at meetings, but don’t necessarily engage in dialogue. I have no idea what the practice is in South Williamsport.

I remain very concerned about the school’s decision to cancel the musical Spamalot due to, in the words of Principal Jesse Smith, “homosexual themes.” This is no longer an issue about play choice, but about institutional bias. As a result, I have a lot of questions I wish I could ask, both at that meeting and elsewhere in South Williamsport, about all that has transpired over this clear effort to suppress any portrayal of gay life at the Junior/Senior High School, even in a piece as non-doctrinaire as a Monty Python musical.

So all I can do I toss my questions out into the universe, hoping that perhaps a resident or taxpayer might ask them, or speak to them, before Monday night, during the Board of Education meeting itself, and afterwards.

1. Principal Jesse Smith: when this story was first reported, a quote was falsely attributed to you, which has rightly been corrected and/or excised. In school e-mails, you expressed concern that this falsely attributed statement made you look like a bigot. However, the central issue remains – you don’t think it appropriate for homosexual characters or relationships to appear in a school show. This leads me to ask an obvious question: do you personally support or oppose equal rights for all people – gay, straight, bisexual and transgender? Do you personally think the portrayal of gay characters in Spamalot is inappropriate in a school setting, or are you acceding to the opinions and wishes of those who do?

2. Superintendent Mark Stamm: internal e-mails from the school have you declaring that Mr. Smith’s original decision on this issue is “sound.” Therefore, it’s only natural to ask you the same question put to him: do you personally support or oppose equal rights for all – gay, straight, bisexual or transgender?

3. Board of Education chair John Engel: On July 3, regarding the initial assertions that Spamalot was canceled due to gay content, a story from PennLive/Patriot-News said, “Homosexuality did not enter into that decision, Engel said.” The released e-mails prove that homosexuality was the reason for the decision. So, were you given false information by school district staff that led you to make this incorrect statement, or were you attempting to obscure the facts? As an elected official, what is your position regarding the dissemination of incorrect information to the public by any member of the school staff or school board?

4. WNEP Television: You first reported the story of the cancelation of Spamalot and, regrettably, that story contained a noteworthy error which proved distracting. Several days later, you aired a second story about the community coming together. However, since then, you have not reported on the story at all, even after multiple sources revealed that indeed it was the show’s gay content that provoked censorship. Is this fulfilling your responsibility as a source of local news? Have you scared yourselves away from covering an important story?

5. PennLive.com/Patriot-News: You also wrote about the Spamalot controversy when it first broke in July, but have not written about it since the school e-mails were revealed. Why do you not consider those facts newsworthy, especially since they contradict material you previously reported?

6. The news staff of the Williamsport Sun-Gazette: Why did it take a blogger and a progressive advocacy organization to bring forward the truth of the reasons for Spamalot’s cancelation through Right-to-Know requests? Given the information you published originally, it was clear there were varying accounts, and there was an obvious way to clear things up. Why didn’t you do this on your own? Why, once the e-mails were revealed, did it take you another 10 days to report the story?

7. The editorial page staff of the Williamsport Sun-Gazette: Since your paper ultimately wrote about the release of e-mails which made clear that Spamalot was canceled due to its “homosexual themes,” and prior statements from school administrators had been designed to obscure that fact, you have not mentioned this issue at all – either with any letters to the editor or an editorial. In fact, you haven’t offered an editorial about this situation at all since the story first emerged in early July, even though you have managed 10 pieces relating to the Federal government, including terrorism and the IRS, among many others, in that time. Why haven’t you written a word about a case of anti-gay bias in your own backyard?

8. Superintendent Stamm: When you spoke to the Sun-Gazette about the released e-mails, you spoke about statements being taken out of context. However, as the Right-to-Know administrator for the district, you were personally responsible for redacting the context in the e-mails, presumably with advice of counsel. Is it reasonable to complain about lack of context that you blacked out? Also, you defended Mr. Smith’s signature on a check for the rights to Spamalot by saying the attached contract was folded. Is folded material a legitimate excuse for not understanding why disbursements are being made?

9. To the (claimed) South Williamsport area parent who contacted me via my website: You wrote, “I have a child that attends the So. Wmspst school district and would never want him exposed to that sexual sin. There are still parents and students and many members of our community who do not agree with homosexuality or gay marriage… We have freedom of speech also-I don’t want to see our innocent children exposed to that. They don’t need to grow up thinking that it’s normal. Some of us still have morals. Keep it out of South!” Your freedom of speech absolutely does guarantee you the right to express your opinions. However, a public school has the responsibility to prepare students for life and to teach them about the world beyond their local community. Do you believe that your disagreement with aspects of the world can dictate what students learn and perform?

10. All officials and residents in South Williamsport: national news reports on this issue have the potential to leave a lasting image of your town as one that does not believe in inclusion and equality. Will you make a public effort to assure members of the local, regional and national community that South Williamsport accepts, respects and welcomes all people as equals, without regard to gender, age, race, religion, disability or sexual orientation?

I realize that my questions go far beyond the scope of a Board of Education meeting. But that meeting is as good a reason and opportunity as any to start raising these questions, since they arose from a school issue. Now all I can do is hope that they get asked.

Among the many responses I’ve received to my accounts of the censorship of the musical Spamalot at South Williamsport Junior/Senior High in Pennsylvania was a tweet from Dane Rooney, an English teacher and drama director in Shenandoah PA, who spoke of his own school’s Spamalot. I invited him to e-mail me with more information, but instead of a handful of bullet points, I got an essay. I asked if I could share his communication and, with a few adjustments by Dane for wider readership, this is his account of productions of both Spamalot and The Producers at this Central Pennsylvania school of less than 500 students across six grades. – Howard Sherman

BY DANE ROONEY

Ever since I was in kindergarten, I wanted to act and direct. Coming from Shenandoah – a small town in the hard coal region of Northeastern Pennsylvania – opportunities to act were scarce. Even entering high school, there wasn’t a consistent theater organization. That is until 2001, when I was a sophomore and my brother Colin was in seventh grade. We joined the club and performed in Grease, and since then, the Shenandoah Valley Drama Club has produced a musical every spring. I graduated college and was hired as an English teacher at SV in 2007. I also began directing the musicals.

The Shenandoah Valley High School cast of Monty Python’s Spamalot with the visiting ambassador of Nigeria.

Every single year I hoped that Monty Python’s Spamalot would become available. Hours before the opening of Grease in 2001, we watched Monty Python and the Holy Grail to relieve some of our nerves. It became a ritual for a while, and so when Colin and I saw the Broadway tour in Hershey in 2008, I felt that one year, the SVDC would have the opportunity to produce the hit comedy. Colin passed away that year from meningitis, so producing Spamalot took on a deeper meaning than just a silly comedy.

Just like South Williamsport High School planned for their 2015 production, SVDC wanted to produce Spamalot after success with How to Succeed in Business without Really Trying. Once the rights were available in PA in February of 2013, the Shenandoah Valley High School principal and superintendent approved the show without any “school edition” edits or optional dialogue/lyrics, which Eric Idle makes available through Theatrical Rights Worldwide. The administration and school board trusted me with the show’s material and felt that it would be a great production choice. On April 19^th 2013, the Shenandoah Valley Drama Club became the first high school in Pennsylvania to produce Monty Python’s Spamalot.

Not only was I excited to direct one of my dream shows, but the students were thrilled about the choice to perform in Spamalot as well; many of them already loved the film version. Typically high school drama clubs have a majority of girls in the cast, however over the last four years, our drama club has become a predominantly male cast. The show fit us perfectly: the cast, the humor, the edginess, and that certain strangeness in most Python works.

Though Shenandoah is an even smaller town than Williamsport (located about 60 miles from us), no questions were ever raised about the gay marriage or the gay characters in the show. In fact, I was more concerned about the song “You Won’t Succeed on Broadway” which is a song poking fun at Broadway and the large Jewish community involved in Broadway productions.

Danny Schaffer and Eric Rooney at the wedding of Sir Lancelot and Prince Herbert at Shenandoah Valley High School’s Spamalot

The students who played Sir Lancelot and Prince Herbert (the couple who get married at the end of the show) treated their characters with seriousness and humor. Both actors were nominated for Best Comedic Actor at our local high school awards, and the senior who played Lancelot (and other various characters) won the award. “His Name Is Lancelot”, the song in which Lancelot comes out of the closet, was by far a crowd favorite. The trick was casting some of the most charismatic students in our school as the gay male rumba dancers. I assembled four football players, the school mascot, and a class clown and we tried to keep it as much of a secret from the student population as possible. We worked countless late night hours at dance rehearsals, working around their sports schedules. When they appeared and the song began, I could hardly hear the music; the crowd burst into an uproar of applause, laughter, and cheers. I’m not even sure if they know the impact they had on the drama club, the student body, and the community; but I hope they know now and I know they were proud to portray gay characters in such a great scene and I am proud of them for doing it so bravely.

This song and this play became a highlight for our drama club. The audience loved the show and, to up the ante even further, we chose to perform The Producers the next year (April 2014). Because of the success of Spamalot (in which our cast size was about 30), we had over 60 kids in seventh through twelfth grade make the cut for the cast of The Producers. With stellar comedic actors, we pulled off another edgy musical, even topping Spamalot according to most audience response.

Angelo Maskornick as Roger De Bris and Eric Rooney as Carmen Ghia in Shenandoah Valley High School’s The Producers (Photo by Mary Sajone)

In The Producers, the students who played Roger De Bris and Carmen Ghia, the gay director and his partner/assistant, were so believable that audience members were “aww-ing” at some of the more tender moments between the pair. During the song “Keep It Gay” in which Roger explains that all theater must have something gay in it, the members of Roger’s production team pulled audience members onto the stage to join in the dance and conga line. The audience couldn’t stop laughing and enjoying themselves. On our final performance, the junior who played Roger went all out after “Springtime for Hitler” by laying a surprise kiss on his onstage partner, sending the audience into an uproar that nearly resulted in a premature standing ovation. It was as if our audience wanted them to be as affectionate as any straight couple in a high school musical.

However, I heard of one concerned comment that was made. Someone was worried about any closeted seventh grader watching upperclassmen portray gay characters in a satiric way. This person’s concern was that a closeted youngster might feel even more afraid to be themselves. I, however, feel passionately that, by choosing shows with gay characters and portraying them in a truthful way, we lighten the weight that a closeted seventh grader holds on his or her shoulders. Seeing a popular junior and sophomore act as a loving gay couple in a successful show like The Producers allows that seventh grader to fear no more; it allows a community to accept, to laugh, and to love. It also opens the doors for other actors to expand the roles they audition for in upcoming years, to make it okay to play any type of role. The high school actors playing gay characters in both Spamalot and The Producers performed for the thrill of acting, entering the stage with humor and bravery; what they never expected is that when they took their final bows, they left that stage heroes.

This year, we estimate that 80 to 90 students will be auditioning for the musical – that’s nearly a fifth of the school’s population. We have become the most popular and largest organization in our school, including all sports and extracurricular activities. Theater is alive and well at Shenandoah Valley High School.

As an educator, it is my duty and an honor to provide my students with everything they need to succeed. It is my job to ensure the safety of my students, and that means creating an environment free of judgment, prejudice, and hate. This story of how the SV Drama Club includes gay characters is one that I’m proud of, but the fact of the matter is, it never needed to be explained or justified over a year ago when we produced it. I am happy to share our story if it means that a high school may stop and think about the harm they are doing upon their community and student body if they decide to exclude a show based on the show’s inclusion of gay characters.

The fact is this: Spamalot is a perfect show for any high school, and if you’re lucky, it will have an astounding effect on your students, community and organization as it did at Shenandoah Valley High School.

Once each year, the world turns its eyes to Williamsport and South Williamsport PA, as young athletes from around the globe compete in the Little League World Series. This year has garnered particular attention for the wunderkind pitcher Mo’ne Davis, whose story has united people across any manner of gender or racial lines, through the talent and grace of a single young woman. Less publicly and widely known, however, was that over this summer, the administration of the South Williamsport Area School District and the town’s Junior/Senior High School had been working against the very spirit of inclusion and diversity that is in abundant evidence on the town’s ball fields. (My previous reports were posted on July 2 and July 15.)

It was first reported by the local television station WNEP on July 1 that the school principal had canceled plans for a production of the musical Spamalot, slated for the 2014-15 school year. The reason cited, according to drama director Dawn Burch, was the musical’s gay content, which includes a same sex wedding. While a particularly incendiary statement in that initial report, about homosexuality not existing in the community, was attributed to principal Jesse Smith, it was declared inaccurate by all parties, and excised as of July 3.

The Sun Gazette of Williamsport, on July 3, reported that Dr. Mark Stamm, the district superintendent, denied Smith ever made the excised statement, though Stamm never spoke directly to the broader issue of the show being canceled over gay content. He also declared that the production had not been approved according to district policy.

Because Burch, acting on advice of counsel, would not release her communications with Stamm and Smith to corroborate her account, I became one of at least two parties to seek access to the school’s internal communications about the show under the State of Pennsylvania’s Right To Know Law. I received the materials in question yesterday, August 20; the metered postmark was August 18.

In brief, the materials make clear that Burch was telling the truth about Smith’s statements, namely that “homosexual themes” were the reason the show was being rejected, and that despite Stamm’s assertions as the story went public, it would seem Burch had very likely gone through the proper channels in seeking approval for the show or at the very least honestly and openly believed that approval had been given.

Cause of Cancelation

Regarding the assertion that Principal Smith had cited gay content as a cause for canceling the show, I quote first from an e-mail Smith sent to Burch on June 27, 2014 at 10:58 am. The first three paragraphs are redacted and only the following can be read:

“Finally, you told me late in the school year that you were looking to perform Spamalot for your spring 2015 musical. I have some concerns such as a guy sending another guy a message on girl’s underwear and a gay wedding to be performed. If you are still planning to perform this then we will need to talk.”

A cover letter to the materials provided to me by the school’s Open Records Officer – Dr. Stamm – states that six e-mails between Stamm, Smith and/or Burch on the dates June 27 through June 30 were withheld because they contained some combination of a) performance evaluation, b) written criticism of an employee and/or c) identifies child then aged 17 years or less.

Whatever was said in those e-mails aside, Smith sent an e-mail to Burch on June 30, 2014 at 7:27 am asking her to choose a different musical. He questioned the appropriateness of Spamalot as follows:

“I am not comfortable with Spamalot and its homosexual themes for two main reasons:

1. Drama productions are supposed to be community events. They are supposed to be performances that families can attend. To me, this kind of material makes it very hard for this to take place. I don’t want families to be afraid of bringing small kids because of the content. I don’t want members of the community staying home because they feel the material is too risqué or controversial.

2. I think that choosing productions with this type of material or productions that may be deemed controversial put students in a tough spot. I don’t want students to have to choose between their own personal beliefs and whether or not to take part in a production.”

So Mr. Smith feels that love is controversial, that homosexuality is risqué. He feels that people might be afraid of exposing children to it. To that I say: Mr. Smith, your statements condone the homophobic members of your community and seek to consign every gay resident to second-class status. Yet their love is not something to be feared or hidden any more than any romantic relationship of yours or Dr. Stamm’s or my own. You are coddling those who would seek to suppress and condemn, instead of setting an example of respect, equality and inclusion.

Yes, by statute Pennsylvania is inconsistent in its position on LGBT issues, in that marriage is legal for all, regardless of the genders of the couple, however the state doesn’t yet afford equal rights protection regardless of sexual orientation. But Smith is teaching lessons seemingly drawn from outdated textbooks. The law will catch up soon enough with society, either on the state or federal level, insuring equal rights for all. Stamm’s position that Smith’s decision regarding Spamalot “is sound” (e-mail from Stamm to Burch, June 30, 2014 at 1:12 PM) can be taken to mean that he condones the same discriminatory attitudes that would erase gay life, in any context, from the school’s stage. As an aside: the Motion Picture Association of America’s Ratings Board may share the school administration’s general view on representing homosexuality, according to critic Stephen Whitty of The Star-Ledger.

Approval of Spamalot

The earliest materials provided to me by the school district are dated June 27. As quoted above, Smith acknowledges that he had a conversation during the school year with Burch about her intention to produce Spamalot, and expresses specific reservations. However, there is no correspondence indicating prior approval, leaving conflicting accounts by Burch and Stamm in the press.

This leads to the very last item in the materials I received: a check dated May 12, 2014 to Theatrical Rights Worldwide, the licensing house, for $1,935, with the note “For Spring Musical – Drama.” It is signed by Jesse Smith. In an statement to me as I began exploring this situation, a representative of Theatrical Rights confirmed to me that an executed license was in place between the company and the school for Spamalot. The school also provided a copy of the Spamalot contract, signed by Burch, dated May 7, along with the check request (which did not specify the show title, only “Spring Musical License/rental/materials).” So how did a check get signed by Smith and sent to the company for a show that ostensibly wasn’t approved? Would Burch submit a check request for a musical that hadn’t been approved for Smith’s signature?

Any school administrator who has any experience in licensing theatrical material is certainly aware that payment is made in advance, not following a production. A Facebook events post shows that the school’s 2014 musical, How To Succeed In Business Without Really Trying, was produced in March of this year. So it is exceedingly unlikely the check could have been construed to be payment for that production two months in arrears. The school provided me with check requests and check duplicates for perusal copies of other shows that Burch looked at, perhaps to suggest that there was confusion, but there’s only one contract, and the only check other than the one that corresponded to the Spamalot contract that over $100 was the license fee for this fall’s play production.

I can draw only two possible conclusions. The first is that Burch had secured the proper approval, albeit verbal, for the production of Spamalot, and Smith’s concerns only arose roughly six weeks after he signed a check for the rights. In that case, he was backtracking on his prior approval and Stamm’s comments reported on July 3 were either misinformed or willfully meant to obscure the events. It would be very interesting to know what prompted Smith’s change of heart, if that is the case. When did Smith discover content he objected to, and how?

The second possibility is that Smith signed a nearly $2,000 check to license a show he hadn’t approved. In my training and experience, anyone with financial responsibility is expected to know what they’re paying for. A common practice is for a check request, along with either an invoice or a contract (or both) is attached as backup to a check ready for signature. I cannot speak for the business practices of the South Williamsport School District, but if this is the truer of my two scenarios, then it appears Smith didn’t follow a fairly standard fiduciary protocol and review the license he was paying for, and now wants to distract from that oversight by blaming Burch, who appears to have been operating openly and in good faith.

Now What?

With Jesse Smith’s statements about suppressing the representation of homosexuality at the school now public, perhaps he will speak about the entire situation; he has not done so publicly to date. Both Smith and Stamm should repudiate their positions – and acknowledge the truth of Burch’s original assertions – or they must deal with being known as educators who appear to deny the truthful, honest lives and loves of many of their students past, present and future, as well as the LGBT community locally, statewide and even nationally.

From my perspective, I don’t understand why, once they knew they had to reveal their positions as a result of the Right-to-Know requests, Stamm and Smith didn’t own up to what had taken place and get out ahead of the story with an apology. Instead, they have left it up to me and others to reveal the truth, which will no doubt be picked up and explored by yet more who care deeply about equality in our society. They would do well to immediately consult with local LGBT groups about establishing a Gay-Straight Alliance at the school in the next few months, to demonstrate their commitment to the open acceptance of all of their students. They should also make clear that Burch may produce plays, musicals or both that include “homosexual themes.”

And where does this leave Dawn Burch, a drama director who couldn’t quietly accept the administration’s exclusionary position and spoke out? Well as this news was first breaking, on July 3, 2014 at 8:39 am, Dr. Stamm wrote to her that, “The feedback we received from the community, both local and national, is being given appropriate consideration. Whether or not you are able to return as the drama director, is a decision that you will have to make.” It is important to note that Burch is a contract employee, not a teacher; she has no tenure. I hope the school system stands by letting her decide her future and that she stays on to run the theatre program, for the benefit of all the students, not just those whose lives find favor with those in power. And no matter what shows she puts on – in correspondence disclosed, she did express a willingness to consider other shows for the coming year, but not without the source and the reason for the change in selection being known – I look forward to visiting South Williamsport to applaud her.

*   *   *

I e-mailed Dr. Stamm and Mr. Smith last evening at 6:43 pm, asking if they would speak with me on the record about the situation, setting a 9 am deadline. As of 9 am this morning, neither had responded. When I reached Burch by phone last evening, she declined to comment further on the situation. Should any of the parties contact me for an on-the-record conversation subsequent to the publication of this post, I will add to it here or write additional posts as warranted.

Years from now, when the musical Wicked is eventually made available for school and amateur productions, will some high school administrator declare it inappropriate? After all, among its many plot strands is the story of (spoiler alert) the manipulative Madame Morrible, a school headmistress who schemes against those in Oz who don’t conform precisely to her standards, be they green girl or anthropomorphic animal. It’s a terrible portrait of pedagogy gone wrong and surely doesn’t foster the collaborative, supportive relationships that school leaders must seek with each successive generation of students, as well as with their faculty and staff. From that perspective, it’s seditious.

I’m reminded of this element of Stephen Schwartz and Winnie Holtzman’s massively popular musical as I consider the challenges to high school theatre that I’ve read about, heard about and involved myself in. Recently, I was engaged to deliver the opening keynote at the Educational Theatre Association’s (EdTA) annual conference for high school teachers. During the question and answer session that followed, one attendee asked the others how many had had shows turned down when they sought approval for them. Roughly a quarter of those in the room raised their hands. In follow-up, they were asked how many had wanted to do certain shows, but didn’t even try because they were sure they couldn’t get approval. Virtually every teacher raised their hand.

Because I don’t believe that these teachers had all been contemplating Oh! Calcutta!, I find myself wondering about their internal decision-making, their self-censorship. Surely they weren’t considering shows which would be blatantly inappropriate in a school setting, so what are those shows that they thought would be good for their students, but which they didn’t even dare raise as a possibility? That might make for an interesting survey in itself.

Of course, what’s acceptable to the powers that be at one school, in one town, may be considered problematic in another. Earlier this year in New Hampshire, Sweeney Todd was canceled at Timberlane High School (since reversed) even as another school just a few towns away readied their production of the same show. In 2012, Sonja Hansen lost her position directing shows at Loveland High in Ohio after her production of Legally Blonde was declared inappropriate, yet according to the EdTA’s annual survey, its was the fourth most popular musical in high schools nationally.

So I’m very interested in the new “Public Performance Policy” that has been put into place at the Junior/Senior High in South Williamsport PA, where a production of Spamalot has been canceled by the principal for reasons that remain unclear. The drama director Dawn Burch asserts that Principal Jesse Smith stated, in an e-mail, that the show’s gay content was a factor. Smith himself has been silent since this story broke, and while the school administration has taken exception to one element of the first report about the issue (since corrected), it has yet to produce the e-mail in question to clear things up. Two “Right To Know” requests have been filed seeking that e-mail and related documents; one of those requests is mine.

The timing of the Public Performance Policy, revealed last night at a meeting for the school board, is certainly no coincidence, coming between the initial assertions of anti-gay bias and the release of clarifying materials. As read by the school superintendent, Dr. Mark Stamm, it states:

General Guidelines: Public performances serve as a capstone project for students to showcase their dedication, determination, and talents for their peers and for their families. Performances must be age appropriate for participating students and audiences. Material that is generally considered offensive, suggestive, or demeaning based on race, religion, age, gender, or sexual orientation is not appropriate for school performances.

The first sentence of the policy, describing “showcasing dedication, determination, and talents,” is nicely affirmative ­– until one notices that there’s no mention of learning or growth, which would seem essential in any school activity, even at South Williamsport, where the drama program is extracurricular, and the drama director an outside contractor, not a teacher. That said, any adult working with young people in a leadership position is a teacher, accredited or not.

However, it’s worth noting that there is a mission statement for the drama program on the school’s website which admirably speaks to deeper value. It reads:

Our mission is to provide students with the opportunity to better themselves through the Arts. Whether it is onstage or backstage, in the production crew or artistic departments, theater helps all people more deeply understand our place in our modern, multicultural, globalized world.

As an aside: finding the drama information on the school website isn’t entirely logical. While there’s a section for clubs, which includes “Yearbook,” “Chemistry,” “Student Council” and “Songwriters and Musicians,” it doesn’t include “Drama.” The Athletic Program has its own site, with its own URL separate from the school district’s. But “Drama” falls under “Departments,” along with “Guidance” and “Nurse,” to which it seems wholly unrelated. How very odd to set it apart in this way.

But returning to the Public Performance Policy, the second sentence isn’t particularly troublesome, so long as it is not used as a justification to infantilize students by feeding them dramatic pabulum. But it’s the third sentence sentence where things turn tricky. While the phrase about not demeaning any parties is admirable (although in their seeming haste, they neglected disability, among other concerns), the language which begins the sentence is limiting, yet vague. “Offensive” and “suggestive” are completely subjective, presumably to be determined according to Justice Stewart’s famous phrase about what constitutes obscenity: “I’ll know it when I see it.” But no two people probably agree about what is offensive, or what is suggestive.

If this policy is meant to be general guidance for teachers (and contractors), shouldn’t it be constructed as such? Wouldn’t it be better to use affirmative language about supporting and advancing society through inclusive representations of race, religion, age, gender, or sexual orientation, instead of saying it simply won’t demean people on those grounds? As it is now, the policy seems more a declaration for the public, and a very general yardstick that teachers might be struck with should they violate its amorphous tenets. Since the school already has a practice of the principal approving the drama productions, it seems that process would presumably address content concerns, based upon reading the text and exploring productions and educational materials from other schools as aids, but in an open dialogue that would negate the need for future Right To Know inquiries. That said, I don’t favor shows going to any manner of public vote, and school boards shouldn’t decide play selection any more than they tell a coach what athletic plays to run.

I wonder, however, where the concerns were when the South Williamsport High School did Grease and Once Upon A Mattress? Certainly there are those who would find the plot points about pregnancy out of wedlock in those shows both offensive and suggestive. Grease, frankly, is rife with suggestiveness, at least as I construe it, but I don’t happen to find it offensive; but it was more than enough to cause a school in Missouri, following a 2006 production, to cancel the next show on the schedule: The Crucible. What about Urinetown, produced at the school in 2009? All that talk of toilets and body functions must have offended the sensibilities of some in South Williamsport. The world’s most famous teen suicide story, Romeo and Juliet, was staged, but I wonder whether the school provided educational programs and material to students and the public about the dangers of romanticizing exactly the sort of behavior Shakespeare depicted?

Was everyone sanguine with the following plot points, drawn from two synopses on the website of the licensing house Music Theatre International:

Soon after, attractive and seductive women appear and slowly surround him (“With You”). At first, Pippin is enjoying the romanticism, however, the mood quickly changes and the women bombard him. Pippin is pulled into numerous exotic orgies.

*  *  *

Audrey has forgotten her sweater, and Orin slaps her around for it…. Orin then pulls out a container of laughing gas, complete with a gas mask and puts it on himself to get high… Seymour feeds Orin’s body parts to the plant.

Obviously they passed muster, because Pippin and Little Shop of Horrors were produced at the school before Dawn Burch was hired. With this new policy, could any of the aforementioned shows be done again? Indeed, since there are – sad to say and sad as it is – still people who find homosexuality offensive, would LGBT life in any play or musical be precluded from the South Williamsport stage in deference to their reactionary sensibilities?

At the EdTA conference, I repeatedly counseled teachers to cultivate open and honest communication about their work with their department heads, their principals, even their superintendents if possible. Support for sports seems a given at our schools, but support for all of the arts, and it seems theatre in particular, must be developed over time – and started anew each time a key leadership position changes personnel.

When cancelations emerge from behind school doors into the public consciousness, locally and nationally, genuine rifts inside school communities and even entire towns are always possible, with long-lasting and detrimental effects on drama programs. Some schools, such as in Everett MA, do away with drama altogether, deciding a fair and open discussion about dramatic value is simply a nuisance – and therefore the program is as well. Yet are sports shut down when a student is seriously injured, publicly? No. In the case of football, it remains celebrated, even as data on traumatic brain injury mounts, because athletic prowess and competition is honored. It is the thought and expression of theatre that seems to be the dangerous undertaking in so many instances.

Another question I now field with some regularity is whether it’s wise to speak up publicly about these conflicts, bringing them broader attention than they might otherwise receive. My response is that it does carry risk, but if people believe in the power of theatre to not only entertain but educate, in the best interest of the participating students first and foremost, staying silent only allows repression to flourish, and for students to be consigned to the blandest, safest, time-worn work possible. And doesn’t Wicked (among countless works of literature) teach us about the dangers of people working behind the scenes, censoring, excluding, supposedly in the best interest of the community at large?

Having cited Wicked twice, let me finish with a few lyrics that hark back to L. Frank Baum’s Oz stories. I think this pair of couplets, devised by master satirist Tom Lehrer almost 50 years ago, speak simply and directly to slippery words like “offensive” and “suggestive.”

“I chop down trees, I wear high heels, suspenders and a bra.

I wish I’d been a girlie, just like my dear papa.”

My friends and I happily sang those Monty Python lyrics, at the drop of a hat, throughout our teen years, identifying with Michael Palin’s exuberant character, rather than the men who walked away from him in dismay. Yes, we’d seen men dress as women in comedy sketches, but those were burlesques, painted in broad, garish strokes. There had never been a declaration of donning women’s garb as a part of regular life, let alone by a macho character like a lumberjack.

In my little gang of friends, we didn’t necessarily know or talk much about homosexuality, which was decidedly less open in our suburban lives in the 70s (though one of our group later came out, to little surprise from any of us). We also hadn’t heard of terms like transvestitism or cross-dressing. Remarkable as it may seem, Monty Python may have played a key role in raising our consciousness, even more so when we learned, in the following decade, that Python’s Graham Chapman was gay, sadly lost too young to cancer.

So it’s particularly galling, more than three decades later, to find that South Williamsport Junior/Senior High School in Pennsylvania has just shut down an intended production of Monty Python’s Spamalot reportedly because of its gay content. WNEP News paraphrases the school’s drama director, Dawn Burch, as saying, “school officials dropped the musical because of its homosexual themes, according to an email she says she received.” WNEP quotes the superintendent as saying, “We want our performances to be appropriate for the student performers and audiences so that anyone participating or watching can enjoy all aspects of the show.” There’s no indication of what he finds inappropriate or unenjoyable.

I have already reached out to Burch, as well as to the school’s superintendent, for comment; I’ve received no replies as I write a few hours later. I would very much like to read exactly what the e-mail that nixed the production said. The language needs to be brought out into the open. But if Burch’s characterization is accurate, it marks the first time I’ve encountered a school explicitly saying that gay content caused cancellation of a show; the language is usually veiled, with references to mature themes, difficult material or, as even the WNEP report is headlined, “questionable content.”

The WNEP piece continues, “In that email, Burch says the principal wrote that homosexuality does not exist in a conservative community such as South Williamsport.”

If the principal believes that, then he is standing with Iranian President Mahmoud Ahmedinajad who denied that homosexuality existed in his country during a 2007 speech at Columbia University. He is backing the rationale of Russia’s Vladimir Putin who has outlawed the “promotion” of homosexuality. That’s a very strange cast of characters for any high school principal to be aligned with, especially in such a conservative community.

While I’ll grant that there’s some language in Spamalot that a combined junior and senior high school might have some concerns about, they certainly could take those moments up with the licensing house, Theatrical Rights Worldwide. In fact, TRW already has an FAQ with suggested edits for schools right on its website (click here, then ‘Resources,’ then ‘FAQ for School Productions’).

But the marriage of the characters Herbert and Lancelot is non-negotiable. I asked Jim Hoare, director of licensing for TRW, whether they would ever entertain the excision of those nuptials, and his answer was blunt: “Absolutely not.” Hoare said that hundred of schools perform Spamalot annually.

This news is just breaking, and I’m writing with limited information at what I suspect and hope is the start of a story, not the end. One facet to be explored: Dawn Burch’s husband Samuel is on the district Board of Education, and both are active in community theatre as well, so there may well be support for the show above the level of superintendent.

Despite this coming to light just before a national holiday (gee, didn’t Trumbull High cancel their production of Rent right before Thanksgiving?), it must survive the weekend festivities, on a wave of deserved outrage. School may not be in session, but hopefully the students can organize, like students in Trumbull High School in Connecticut, like students at Timberlane High in New Hampshire, via social media, to increase pressure on the narrow-minded, retrograde administration.

That any educator or school administrator is still denying gay love and gay life in 2014, that a school would cancel a show in a move designed both implicitly and explicitly to shame and frighten any gay student, teacher or person, is simply ugly and wrong. It’s worth noting that in the very first news piece on this, reporter Kristina Papa quickly found people to counter the principal’s alleged, now retracted, assertion about gay life in South Williamsport, which must have really startled the blinkered administration.

It’s worth noting that gay marriage is legal in Pennsylvania. So it is ironic that, as they marry in Spamalot, Lancelot says to his spouse, “Just think, Herbert, in a thousand years time this will still be controversial.”

I guess Tim the Soothsayer had warned Lancelot about South Williamsport, PA. But maybe we can change history, if we raise our voices together.

I urge you to write Superintendent Dr. Mark Stamm (mstamm@swasd.org) and Principal Jesse Smith (jsmith@swasd.org) to voice your concerns (and please share your correspondence with me, if you’re willing, at howard [at] hesherman [dot] com. But I ask that you do so respectfully, even if the district doesn’t afford the same respect in its attitudes and actions.

Addendum, July 3, 5 pm: WNEP now reports that the principal did not make the statement about “homosexuality not existing.” I have left the material in place with the text and my rhetoric about it struck through, because I cannot deny having shared that original report or that I made statements resulting from it, but to show that they are also no longer supported by facts in evidence. Disclosure of the e-mail at the root of this controversy seems more essential than ever, and it should be noted that the school administration certainly has the legal right to disclose it should it wish to do so.

For those who do read the original WNEP story, it should be noted that the local resident and parent, Manny Tskitas, who makes several statements in support of the school administration’s position and questions the play choice, is also a staff member of the South Williamsport school district, as the librarian for grades K through 6. It would have been beneficial if WNEP had noted his affiliation.

Correction, July 5, 7:30: The original version of this post stated that Graham Chapman died of AIDS. That was an error and the text has been updated with accurate information.