Why is the state playing hardball with the Playhouse?

Last Friday, a news release from the Department of Public Safety in Pierre confirmed “that an inspection of the Black Hills Playhouse was conducted by the Office of Risk Management.” It goes on the state that this office “routinely inspects all state facilities for purposes of assessing liability risks to the State of South Dakota.” The release further states that a final report of the inspection will be a public record and says the state is “in discussion with Black Hills Playhouse representatives concerning the inspection of the Black Hills Playhouse facilities.”

It appears that instead of “working something out” with the Playhouse as Attorney General Marty Jackley told us privately last month, the state has instead chosen to play hardball with the group and call out the dogs. We don’t know for sure who is behind all this, but it appears that they are barking up the wrong tree. The timing of these numerous state inspections in the park is certainly suspicious and comes on the heels of the Playhouse board suing the state over the renewal of its lease in Custer State Park.

The state balked at a lease renewal for the buildings and grounds of the Playhouse that has been in operation in the park at the same location since  1946. The state wanted the Playhouse to be responsible for a disproportionate amount of sewer improvements to Center Lake Campground. The $300,000 amount was termed excessive by the Playhouse board, which said they could do the necessary improvements for $35,000. The Playhouse sued the state over the lease extension, which the board claimed it already had according to state statute.

Now it appears the state has decided to go another route and condemn some of the older buildings on the Playhouse grounds. Inspectors from the Office of Risk Management, electrical and plumbing commissions, state fire marshal and a structural engineer descended on the Playhouse grounds Jan. 12. The Office of Risk Management news release said representatives of the Playhouse were invited to attend, but chose not to participate. What good would it have done? Playhouse officials have seen there is no use in talking to the state about their issues and the only recourse was a lawsuit.

The deck is now further stacked against the Playhouse. Their suit against the state is being defended by a bevy of lawyers in the tax-funded Attorney General’s Office. Now they have been subject to a raid by tax-funded state inspectors who had been dispatched by someone with an apparent agenda to shut down the Playhouse operation, instead of working with them to find a solution to the problems everyone knew were already there. No doubt, many of the older buildings on the Playhouse campus do not meet current building codes, and haven’t for many years. Why inspect them now?

The timing of these inspections is extremely unfortunate because advanced season ticket sales are vital to the financial well-being of the Playhouse. It is impossible to sell tickets for a season that may not materialize because of a lack of facilities due to condemnation proceedings. Custer State Park without the Playhouse is difficult to imagine. It wouldn’t be the same in any kind of different venue. It is a Custer State Park tradition and a Southern Black Hills tradition.

Playhouse board president Jerry Wheeler says the show will go on, but the board is unsure of where, if not at the present location. Hopefully, something will be worked out for this season at least. Nonetheless, the swooping down of state inspectors on Playhouse buildings Jan. 12 smacks of heavy handedness and confirms to many observers that there is a hidden  agenda being played out here by certain state officials bent on sticking it to the Playhouse one way or another.