In the trenches with Howie Kaplan of the Howlin’ Wolf
The Fight for the Front Door: How an Indie Venue is Taking on the Speculative Ticket Machine
In the world of live music, where passion meets profit, there are heroes fighting to keep the magic alive. One such figure is Howie Kaplan, the owner and operator of the iconic New Orleans venue, The Howlin’ Wolf. Kaplan isn’t just running a venue; he is a fierce advocate for the grassroots music culture, leading a charge against the deceptive practices plaguing the ticketing industry.
Kaplan’s commitment extends far beyond the neon lights of his establishment. For over seventeen years, he has championed the art form by managing the Grammy Award-winning Rebirth Brass Band. He has also served in key roles within the community, including being Vice Chair of Advocacy for the National Independent Venue Association (NIVA) and serving as New Orleans’ first Director of the Office of Nighttime Economy in 2022. His dedication to the ecosystem of live music is unmatched.
But the battle for the soul of live music has recently moved into the courtroom. Kaplan and The Howlin’ Wolf recently filed a federal lawsuit against StubHub, challenging the rampant speculative ticket sales and deceptive practices that threaten artists, venues, and concertgoers alike.
Why the legal action? Kaplan argues that the current system allows for practices that fundamentally undermine the integrity of the market. “This isn’t some little ‘someone bought a ticket for $20 and sold it for $40,'” Kaplan explains. “This is really about protecting venues, protecting fans, and protecting artists. We keep playing this game like it’s okay to sell something you don’t have. That, to me, is a little asinine.”
He contends that a ticket is not merely a commodity; it is a license. When fans purchase tickets, they are entering a contract, and the secondary market sellers are not legitimate market participants but rather scalpers who create confusion and commit fraud. This behavior, Kaplan argues, harms the very spirit of live music. “When a fan gets to see an artist, it elevates the spirit and soul to a place they didn’t know existed. You’re messing with something so pure and powerful,” he asserts.
Rather than waiting for slow state legislative reform, Kaplan chose the judicial route, filing suit under the federal Lanham Act and Louisiana’s Unfair Trade Practices and Consumer Protection Law (LUTPA). He points out that while state laws exist, they don’t fully address the digital deception of modern ticket resale platforms. This approach allows them to target the core deception: selling something that doesn’t exist.
The impact of this fight is not isolated. Kaplan’s action is part of a growing, industry-wide movement. He notes that other independent venues, such as Stone Church owner Robin Gristkovsky in Vermont, are also pursuing similar legal action against deceptive ticketing practices. This collective effort is forcing the industry to confront the reality that these manipulative practices are illegal and must be stopped.
By taking the fight to court, Howie Kaplan is demanding accountability, ensuring that the passion poured into live music is respected, and establishing a precedent that no platform, regardless of size, gets a free pass when it exploits the artists and fans who make the scene possible.
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