Amid all the important issues in the 2011 legislative session, one that has gone relatively unnoticed is a proposed new government program to protect ticket scalpers.

Why do Stub Hub and Ticket Network need a law to protect their ability to gouge consumers?

Because Minnesota concert promoters, facilities and sports teams are making every effort to stop them.

Excuse me, dear legislators, this is a nonpriority item, and, worse, you are on the wrong side of the issue.

Minnesota legislators are being asked by Stub Hub and others to support a bill that would outlaw efforts supported by all major Minnesota venues, concert promoters, the State Fair and sports teams.

To prevent scalpers from getting in ahead of consumers when tickets go on sale, venues are selling "nontransferable paperless e-tickets," for certain seats at certain concerts and events.

A nontransferable paperless ticket is a ticket whose receipt is the digital paperless domain of your own mobile telephone. It means that the person in whose name one buys the ticket actually has to want to go to the show.

This effectively blocks ticket broker "bots" from scarfing up the best seats to a show and then offering them back to the highest bidder at scalped prices. Legislation (HF657 | SF425) would prohibit such consumer protection.

As a Minnesota concert promoter -- one who works every day for a healthy entertainment business in our state -- I'm deeply concerned about the negative effect this legislation would have on entertainment options in Minnesota.

For the first time, Minnesota's Legislature would use the heavy hand of government to protect out-of-state scalpers against the interests of Minnesota consumers, Minnesota business and the artists and acts who are currently playing our venues.

Why would Minnesota lawmakers deliberately ignore the protests of all our major arenas and theaters, major sports teams, the University of Minnesota event department, and my competitors, and position Minnesota as anti-fan and anti-artist by voting for this bill?

All artists I know want their fans to be able to buy as many tickets as possible at face value --and to offer an equal shot at tickets for all fans. Paperless technology allows that.

Here is the larger business reality, whether you own a restaurant that thrives because of our events, or a neighborhood store that has nothing to do with our events: People have finite incomes.

Without tactics like paperless e-tickets to combat those in the business of scalping, fans pay five to 10 times the ticket value; the money leaves Minnesota; the state collects no tax on the extra price paid; our other shows have diminished audiences, and our business shrinks.

Less business, fewer jobs, reduced sales tax -- the ball rolls downhill.

Because it is too expensive for fans to attend more than that one scalped event, your restaurant will serve fewer meals and your neighborhood store will potentially make fewer transactions. The money was sent to a scalper.

A vote for this legislation is a vote to drive artists and shows away from Minnesota. Artists have choices on where to perform. They can go to Kansas City, Omaha, St. Louis, Milwaukee, Des Moines or Fargo, or perform an extra Chicago show, rather than coming to our town.

Who really wins here? Minnesota's entertainment industry and consumers have not asked for this law, scalpers have.

Protecting scalpers is neither a role of government nor a priority for the state. Fostering job creation and economic development is, and this bill does just the opposite.

Randy Levy is founder of Rose Presents.

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