Black Hills Playhouse inspected by state agencies

In yet another twist in the ongoing saga between the State of South Dakota and the Black Hills Playhouse, a recent inspection of the Playhouse site last week led the state attorney general’s office to call some campus buildings a “threat to human safety” and unsafe for the 2010 Playhouse season.

Playhouse board president Jerry Wheeler of Custer said the inspection wasn’t exactly run-of-the-mill, with the state fire marshal, a structural engineer and inspectors from the Office of Risk Management, electrical commission and plumbing commission all descending on the Playhouse site Jan. 12.

“It wasn’t a surprise inspection by any means, but we were surprised with the people they brought in to do it,”â��Wheeler said.â��“They brought in all the chiefs and went through it pretty good.” 

The state invited the Playhouse board to be on site for the inspection, but the  board felt it should not be present during the time of the inspection, Wheeler said.

Wheeler believes the inspection is just another shot across the bow in a series of events that began in 2007, when the state used a task force to analyze the Playhouse and said it would require the Playhouse to pay $300,000 to connect to a new sewer system in the park near Center Lake before it would renew a new 10-year lease with the Playhouse. The Playhouse countered by saying it did not have the money for such a move, and pointed out the contract said the state was responsible for such infrastructure, not the Playhouse board.

The Playhouse board also argued the state had not met terms of the lease by failing to notify them of non-renewal of the lease in time. That led the Playhouse board to believe the lease automatically renewed for another 10 years.

The state also requested the Playhouse’s financial documents and later declared the Playhouse, a 501(c)3 nonprofit organization, is unsustainable.

“We’ll be the first to admit we’re not flush with money,”â��Wheeler said. “We’re not there to make money. We’re there to entertain. We have passed the test of time.”

Wheeler said he believes the latest saber rattling from the state may be a response to the lawsuit filed by the Playhouse board in dispute over the lease agreement.

“I’m sure all of it is intertwined,”â��he said.â��“We’re just trying to roll with the punches. I don’t know how many hoops they expect us to jump through.”

The Playhouse site was last inspected in 2006, at which time it passed. At that time, the board had just sunk a couple hundred thousand dollars into upgrades in the buildings. Although an official report has not been released on the most recent inspection, the Playhouse board discussed the inspections with the state. Wheeler said the board will wait for the official report before deciding what action to take.

Some of the buildings, such as the dorms, were not inspected. Wheeler said the theatre itself was deemed to be in good shape, but a couple of the buildings deemed unsafe were the snack bar and dining hall.

“We don’t think they are condemnable. They’re repairable, and if they would leave us alone for a little while we could get it done,”â��he said. “We’re not asking for any money; we’re asking them to leave us alone. We realize some buildings need repairs.”

Other buildings mentioned include the old Civilian Conservation Corps building, which Wheeler said the Playhouse board has “begged the state to knock down for years.”

Both the attorney general’s office and Richard Miller, director of Custer State Park, have declined comment on the issue.

“As you know, we’re involved in litigation,” Miller said. “Iâ��can’t discuss it at all.”

The state also issued a press release in which public safety secretary Tom Dravland confirmed that an inspection of the Playhouse was conducted by the South Dakota Office of Risk Management, saying it routinely inspects all state facilities for the purposes of assessing liability risks to the State of South Dakota. The Office of Risk Management will issue a final report on the inspection that will be public record.

Wheeler said the board will continue ahead with both its lawsuit and plans for the 2010 season, which he said will take place somewhere, even if it’s not at the current Playhouse location.

“The Playhouse is not going away. We have looked at alternatives. In some form this summer, we will have a season,” he said. “The people who believe in the Playhouse want us to fight to keep it where it’s at, and we feel obligated to do that.”

The Playhouse board is working on hiring an attorney to take its case to court, but finding money to battle the state, along with repairing facilities on site, is proving to be no small task.

“The state has a couple dollars more than we have,”â��Wheeler said. “There are a lot of folks somewhat sympathetic with us, and we hope to raise some money  from them.”

Wheeler said the board is virtually certain the state has some sort of ulterior motive for its aggression with the Playhouse, although nobody is certain what that motive is.

“We have explored every avenue. They want us out of the Playhouse location, period,”â��he said. “Iâ��don’t know why. Nobody does. If Iâ��knew, I would tell you.”