A Los Angeles judge told Kiss to consider settling an upcoming court case against their fired wig roadie, saying the band could be hit in its “deep, deep pockets” if the ruling didn’t go its way.
The lawsuit was brought in February 2023 by former crew member David Mathews, who claims he was mistreated on tour and then wrongfully terminated after his 30-year tenure turned sour.
Mathews – whose main responsibility as part of the costume team was to maintain the band’s hair – claimed he was forced to work in close proximity with Gene Simmons while the musician was suffering from COVID, but denying it.
In his six-point suit he also claimed he was fired by manager Doc McGhee for allegedly being involved in reports in which the Kiss crew revealed their concerns about the band’s COVID measures, in the aftermath of guitar tech Fran Stueber’s death from the illness on the road. Mathews insists he wasn’t one of those who spoke to journalists.
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“The first time I saw this lawsuit, it was clear both sides had very serious risks,” L.A. County Superior Court Judge Armen Tamzarian said during a hearing on Friday (via Rolling Stone).
He continued: “If this goes to trial, it would not surprise me if Mr. Mathews got nothing. It would not surprise me if he made a big pot of money. This is the kind of case any rational person would settle. There’s big risk this could swing dramatically one way or the other. This is a tough case for plaintiff to win, but if he wins, there are deep, deep pockets there, and there could be a big result.”
The judge admitted: “I don’t know what I’m doing to do with this” if the case commences as scheduled on Jan. 6. He told lawyers on both sides: “You’re both overconfident in your positions.”
Judge Says No Laws for Rock Bands with Makeup During Covid
He also criticized Kiss’ position that Mathews was a contractor rather than an employee, saying: “I’m not so sure I’m buying that argument. Let’s say he had his own hair studio in Beverly Hills, and every time they went on tour, they went to him and he fixed up their hair. That’s one thing.
“[But] he didn’t have his own hair studio. He didn’t cut anybody else’s hair. All he did for a couple years was cut the hair of these guys. He had some side gigs, but they weren’t side gigs in hair.”
He also queried Mathews’ position on how the band should have gone about COVID protection. “I’m unaware of any law or regulation about somebody who’s in a rock ’n’ roll band … where the performer who’s wearing makeup has to wear a mask.
“After they put on the makeup, Gene Simmons should have put on a mask? Wouldn’t that ruin the makeup and ruin the whole point? Is that what you’re saying they should have done? It’s not practical for how they do things. That’s going to be their argument at trial.”
Kiss Solo Albums Ranked Worst to Best
Counting down solo albums released by various members of Kiss.
Gallery Credit: Matthew Wilkening
