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The Honolulu Advertiser
Posted on: Saturday, June 7, 2003

Baywatch wins $357,000 claim against HVCB

By David Waite
Advertiser Courts Writer

A federal judge has sided with the company that produced the "Baywatch Hawaii" television series in its claim that the Hawai'i Visitors and Convention Bureau owes the company approximately $357,000.

Baywatch Production Company filed a lawsuit in September 2001, saying the bureau had breached the terms of a 1999 agreement and subsequent amendments that called for it to underwrite the costs of producing the series in Hawai'i.

According to court filings, tourism bureau officials paid all of the money that was owed to the production company except for the $357,000. The officials claimed the production company gave the bureau the false impression that "Baywatch Hawaii" would receive the same level of international exposure that "Baywatch" had gotten.

Bureau officials said they were never told that just weeks before they agreed to make additional payments to Baywatch Production Co., Paul Talbot, who was responsible for selling the original series to distributors in more than 100 countries, had informed the production company that he had decided not to buy the international distribution rights to "Baywatch Hawaii," according to court filings.

On Tuesday, federal Judge Susan Mollway granted Baywatch Production Co.'s request for summary judgment in the case.

Mollway found the production company "explicitly refused to guarantee" that "Baywatch Hawaii" would have coverage comparable to that of the original "Baywatch."

Mollway said the production company also scaled back a warranty by changing the wording to say episodes of the original series were being marketed in more than 100 markets, instead of saying that "Baywatch" was being broadcast in approximately 140 countries.

State officials were criticized in 1999 for providing $7 million in free airfare, hotel rooms, production and infrastructure to lure the "Baywatch" series to Hawai'i in the hope of attracting its viewers to the state.

The show was canceled less than two years later.

Hawai'i Visitors and Convention Bureau President Tony Vericella could not be reached for comment on the ruling.

Rex Johnson, executive director of the Hawai'i Tourism Authority, said the payment to Baywatch Production will come out of state money.

"That money has been sitting in reserve waiting for this suit to be figured out, so it's not coming out of current funding," Johnson said.

Advertiser staff writer Kelly Yamanouchi contributed to this report.