May 2, 2003 By Paul Sunyak 7 min read

Film company executive Jason Thomas says ambitious plans to make movies at the Great Meadows Amphitheater may unravel because of foot-dragging at the state level, where legislation has yet to be introduced to lift deed restrictions. Fayette Films, LLC had planned to open a film production and tourist attraction on the long-dormant site, but hurdles and delays that Thomas likens to “Chinese water torture” have caused his firm to rethink its plan.

“I am not going to mince words any more … I lost millions of dollars waiting for these people to make a decision. We had to take business elsewhere,” said Thomas. “All we wanted to do was produce movies and make television shows there and provide good-paying jobs.”

Although county Commissioners Ronald M. Nehls, Sean M. Cavanagh and Vincent A. Vicites have already struck a deal with Fayette Films that allows them use of the 6 acres on which the amphitheater sits, the company can’t use the surrounding 122 acres until state legislation lifts Act 70 deed restrictions.

Because the amphitheater lies in their respective districts, custom dictates that such legislation be introduced by state Sen. Richard A. Kasunic (D-Dunbar) or state Rep. Larry Roberts (D-South Union) or both.

After waiting several months for passage of legislation that basically amounts to a formality, Thomas portrayed Kasunic and Joanne Hanley, who is affiliated with nearby Fort Necessity National Battlefield Park, as an obstructionist tandem.

“I understand that the person blocking it (the legislation) is a Sen. Kasunic, for whatever reasons. He seems to be in Joanne Hanley’s pocket,” said Thomas. “The truth of the matter is Joanne Hanley wants that entire property to remain nothing more than a weed patch. She wants all of Fayette County to go back to what it was when George Washington was there and got his ass beat.

“George Washington was a progressive. I would much rather be dealing with George Washington than Joanne Hanley. And for some reason she seems to be able to control this Kasunic man.”

Thomas said he ultimately foresaw 600 full-time union jobs at the Fayette County site, jobs that have an excellent benefits package and range in pay from $22 per hour for stagehands to hundreds of dollars per hour for cinematographers.

“I guess Kasunic’s anti-union, too,” said Thomas. He added that because of “bad faith across the board,” with the exception of Nehls, a spin-off potential of $200 million for downtown Uniontown revitalization also is in jeopardy.

While Hanley did not return a telephone call to Fort Necessity seeking comment, Kasunic scoffed at the suggestions that he’s anti-union and under Hanley’s spell when it comes to deciding the fate of the larger tract of amphitheater property.

Kasunic also said he has never seen two critical pieces of information – a site development plan or anything that documents a firm number of jobs – that would allow him to make an educated decision on introducing the required legislation.

“I’ve talked to Joanne Hanley. I’m not going to deny that … (But) as far as being in Joanne Hanley’s pocket, that’s an amusing statement,” said Kasunic. “It’s not about Joanne Hanley; it’s not her park. It’s a national park: the state has an investment there, the federal government has an investment there. The park has great historical significance.”

Kasunic also has reservations about Thomas’ boast that the project would add hundreds of jobs to the local economy.

“I would question, really question, the 600 union jobs,” said Kasunic. “Nobody is showing me where we are going to have 600 union jobs. I would like somebody to show me. … And what union? The jobs, as I understand it, that are going to be created are actually going to be part-time jobs. I’ve seen nothing that says it’s going to be constant work.

“It might be one film a year, or five or 10, but nothing constant, from what information has been given me.”

However, Thomas said his company provided a site plan “months ago,” and using that as an excuse amounts to a continuation of a pattern whereby Fayette Films fulfills a request, only to be asked to jump through another procedural hoop.

And the jobs that Fayette County could have had, said Thomas, are going to other locations. He said his firm has production deals for a group of movies-of-the-week and for six television series.

“We expected to be open (in Fayette County) now,” said Thomas. “Because we can’t be open this summer, we’ve turned away business that we’re now doing elsewhere.”

Nehls said he arranged a February meeting with Kasunic, Roberts and state Rep. Jim Shaner (D-Dunbar) to discuss the critical need to get some type of legislation moving, lest the project be scuttled by any further delay.

“If they don’t move on this (soon), the program, I’m afraid, is lost,” said Nehls. “As far as I know, nothing’s been done. This (project) has the potential to generate millions of dollars in this county.”

Roberts and Kasunic said that compromise is key to resolving any conflict between Fayette Films and the National Park Service, and having a site plan is a first step in making forward progress.

“There needs to be an agreement between the two parties before we can have any legislation,” said Roberts. “Sen. Kasunic and I are talking about it. We’d like to get a site plan and get it to the (park) superintendent (Hanley). We cannot disregard the park service. They’ve been there a long time, before anybody.

“Personally, I think that what Jason Thomas wants to do is good for everybody, but the neighbors have to be happy with one another. … If we can get an agreement between the parties, the legislation will not be a problem, but if we don’t get an agreement, there will be a problem,” concluded Roberts.

Kasunic said it’s unrealistic to expect any legislative action by Thomas’ deadline – first May 2 but now backed up to May 12 – because of the complexities involved. Kasunic said he’s simply being cautious and careful, and he added that it was he who previously sponsored legislation to transfer the amphitheater property from state to county ownership for $1, as a precursor to its productive use.

“I’m not holding anything up … I’m the one that authored that legislation and guided it through the (state) Senate,” said Kasunic. “If I opposed any of that, I would not have been trying to help the commissioners to get to the point where that land could be developed.”

Kasunic added that his office has received many letters and phone calls from people opposed to lifting the deed restrictions, including some from non-county residents. He said the ultimate goal remains a deal that’s acceptable to all parties, but protecting the integrity of Fort Necessity, where the state recently invested $4.5 million in a visitor center, is a paramount concern.

“If this is viable and doable and it’s going to be productive, then we move forward. If it’s going to negatively impact the park, then we have to go back and say, ‘Let’s readjust here,'” said Kasunic. “I have no desire to introduce something (legislatively) that I am not totally comfortable with. Ultimately, I’m the guy that has to answer for this. Jason Thomas isn’t going to have to answer for it.”

Thomas, whose group includes Uniontown attorney Ira Coldren, views the situation differently. He sees a stall-and-delay tactic that may soon doom the project, all in the name of preserving the authenticity of Fort Necessity, a site he said isn’t itself historically preserved.

“Apparently, George Washington had a rotary lawnmower. It’s all been mowed with a rotary lawnmower, this ‘authentic historic site.’ A lot of historic areas won’t allow that to be done if they want it to be authentic,” said Thomas, who added of the fort itself, “Six ravenous termites could destroy it in just a few hours.

Thomas continued, “Fort Necessity and Joanne Hanley are going to succeed in taking this county back to the 17th century, but I don’t think the 17th century are where the county wants to be. I told Ron (Nehls), ‘Let’s make an end of it.'”