In its federal complaint, Exxxotic seeks punitive damages for breach of contract, breach of good faith, interference with a contractual relationship and negligent, fraudulent and intentional misrepresentations.
According to the suit, Exxxotica says prior to entering into a lease agreement with the Meadowlands Exposition Center, the plaintiff “expressly advised defendants of the nature of various products that would be sold and certain performances and demonstrations that the show anticipated would take place.”
Exxxotica claims that at no time did the Expo Center or SMG, the agent responsible for managing the center, express any reservations about the show’s content. In fact, the suit claims, “Meadowlands Expo Center general manager responded that the tradeshow was acceptable, appropriate and permitted at the venue.”
Plaintiff claims Expo Center accepted its $32,500 security deposit, which it refuses to return.
In 2008, days before the show, Secaucus told Exxxotica that the show was barred “because certain of the exhibitions and activities scheduled to take place would be obscene and lewd.”
The city told it the "planned activities for the tradeshow would violate Secaucus Municipal Ordinance 42-1 that prohibits 'go-go dancing' in certain establishments owned by persons with a retail alcoholic beverage consumption license," according to the complaint.
"Hartz sent a letter to plaintiff falsely claiming that Hartz did not know 'precisely what activities Exxxotica intends to permit,'" Exxxotica claims.
So Exxxotica says it "agreed to ensure that there would not be any go-go dancing or wet T-shirt contests" and promised that "it would eliminate the proposed Harem Lounge area and that absolutely no alcohol would be served on site during the tradeshow."
The suit claims Hartz ignored these assurances and said that it would "not be permitted in the doors of the Expo Center."
Days before the show, Exxxotica says it had to scramble to secure a lease with the Raritan Center in Edison, N.J., resulting in "substantial additional costs and expenses."
Representatives from the Meadowlands Exposition Center and Secaucus city officials were unavailable to comment by post time.