Fiction Is as Fiction Does: The 'Waco' Movie Controversy Rolls On

One essential point –- fiction -- keeps getting missed as criticisms and free publicity continue for the screenplay for Entertainment 7’s Waco movie project.

No matter how “accurate” anyone thinks it should be, a screenplay –- any screenplay -- is a fabrication, a “play” for presentation on a “screen.” And any movie made from the screenplay will be even more of a fictional representation, once the director, actors, crew and post-production specialists have added their own contributions to the finished product.

The ex-FBI agent who lashed out at the screenplay on the front page of the June 24 Austin American-Statesman certainly is free to criticize the “accuracy” of how he thinks people, places and events are depicted in the script. However, anyone who witnesses or takes part in an event will have his or her own memories, interpretations and opinions of what happened -- or did not happen. Even if a million video cameras had recorded every moment of the 1993 Branch Davidian standoff from all sides and angles, there is absolutely no way to create a screenplay that could get the standoff “right” in every person's view.

A screenplay compresses people, places, things, images and circumstances into a stylized structure with three acts. A screenplay tells a story, and that story always is fiction, even when it is based on “real” events.

Even unscripted “reality” TV shows are unreal. They are just one more form of fiction (bad fiction).

Speaking of “real,” the real result of Texas' controversial "Ogden provision" (ironically named, since Utah is the only other state with a similar, thin-skinned restriction) is that State Sen. Steve Ogden of Bryan, Texas, can take credit for creating new moving-image industry jobs…in Louisiana, Oklahoma, New Mexico and elsewhere. Those states, and almost any others including Utah, likely will have no qualms about hosting -- and profiting from -- movie, TV or game projects that portray “Texas or Texans in a negative fashion.”

Sen. Ogden got the "negative fashion" provision added to state law in 2007, the Austin American-Statesman says, "after controversy erupted around the Texas-filmed 2006 sports drama "'Glory Road,' which tells the story of 1966 Texas Western Miners, and, according to school supporters, exaggerated racism at East Texas State University."

It has been noted in the Statesman and elsewhere that classic “Texas” movies such as Giant and The Last Picture Show and TV shows such as Dallas probably could not qualify for current production incentives, because they sometimes depict Texas and Texans “in a negative fashion.” Yet those productions continue to bring tourism dollars to Texas and expand the state’s aura around the world many years after they disappeared from theaters and networks.

The Ogden provision puts the Texas Film Commissioner in the unenviable position of trying to verify the “accuracy” of fiction, a writing form in which anything goes, and to use that "accuracy" as one of the criteria for judging “negative fashion.” Some call this censorship or a state legislative attempt to override free speech provisions in the U.S. Constitution. Others just call it "dumb" and "bad business." Texas has had dubious reputations since at least 1835, yet it has managed to do quite well for itself, thank you very much.

Any movie version of the Branch Davidian standoff would be fiction. The standoff could even be staged in a parallel universe on the planet Yargon in the year 3456. But if the script portrayed “Texas or Texans in a negative fashion,” the project still might not qualify for state production incentives.

At the very least, the continuing controversy over Waco may cause many movie producers to consider spending their money and shooting their “Texas” movies anywhere but Texas, so they won't run afoul of state restrictions and state lawmakers.

As long as the 2007 “negative fashion” restrictions stay in place, perhaps the state’s famous “Don’t Mess with Texas…” slogan should be expanded. It could now include “…or We’ll Diss Your Screenplay and Keep Making Our Moving-Image Workers Cross State Lines to Find Jobs.”

-- Si Dunn

Waco and Branch Davidians Cited by Iran's Supreme Leader

According to "The Lede," the New York Times blog, Iran's supreme leader, Ayatollah Ali Khamenei, has cited the 1993 Branch Davidian standoff in Waco, Texas, as a reason for rejecting American criticism of Iran's response to opposition protests.

In a translation posted by Iran's Press TV, Ayatollah Khamenei stated at the end of a recent speech:

"During the term of a previous US government, eighty people affiliated with the Davidian sect were burnt alive in their compound in Waco, Texas. For some reason these people were disliked by the then US administration. Eighty people were burnt in that building, how dare you talk of human rights?"

Clearly, the Ayatollah doesn't know much about the circumstances behind the Waco standoff and its tragic outcome, just as he doesn't seem to understand much about why so many of his own people keep clammoring for fair elections and greater freedoms.

Many Americans, of course, don't know or remember much about the Waco standoff, either. One recent attempt in Texas to make a movie about the events apparently was stalled when it ran afoul of a particular clause in Texas' state incentives for moving image productions. That clause does not allow awarding state production incentives to projects that depict "Texas or Texans in a negative fashion..."

Recent rumors were that Waco would be shot in Louisiana, Oklahoma or New Mexico, where there would be no restrictions against depicting "Texas or Texans in a negative fashion...."

-- Si Dunn

'Censorship' Issue Remains Alive in Texas Moving-Image Production Incentives

It's pretty much a cinch now that Entertainment 7's movie Waco will not be shot in Texas.

It could never pass the Republican-inspired legislative clause that denies Texas state incentives to any kind of film, TV or game project that contains "inappropriate content or content that portrays Texas or Texans in a negative fashion, as determined by the [Texas Film Commission] office, in a moving image project."

There wasn't much "positive fashion" for Texas or Texans in the 1993 shootout and standoff that left more than 80 Branch Davidians and law enforcement officers dead.

Louisiana appears to be the leading site candidate for Waco now, unless New Mexico or Michigan or some other state with strong incentives makes a concerted effort to grab the $30 million project.

Meanwhile, criticism of the Texas Film Commission's decision continues to float up in a few places. Here is one disappointed blogger's recent comments on the controversy.

Whether the producers of Waco formally applied for state incentives or not (as some of the producers' critics have stated), the controversial "negative fashion" clause remains in effect.

How long will it be before it rears up again and bites Texas' long-suffering moving-image workers on the butt? (Many of them, of course, were hoping to work on Waco.)

Many producers and production companies are now aware of the "negative fashion" restriction. They may not wish to run afoul of moralistic Texas legislators and a Texas Film Commission that has to follow the law and also rely on those same Chamber of Commerce-minded politicos for funding.

Almost any movie that can, or will ever, be made about Texas and Texans is going to come face to face with a plethora of "negative fashion" issues. And almost any other state in the nation is going to be more than happy to host a movie, TV show or game project that Texas officialdom doesn't want.

Texas' new moving-mage production incentives are helping bring some new projects to the state, and they are helping create some jobs. But the "negative fashion" restriction will end up costing the state a lot of money and a great deal of sorely needed good will in the moving-image industry.

Meanwhile, many Texas moving-image workers will continue commuting to Louisiana, Oklahoma, New Mexico and elsewhere to work on projects that could have come to the Lone Star State, if Texas was more concerned about making money than "protecting" its image (an utter impossibility since about 1835 or so).

The production incentives laws need to be changed by the Texas Legislature to remove the "negative fashion" restriction. Or, they need to be challenged in court on First Amendment grounds that they abridge "the freedom of speech."

Either way, they need to go -- soon.


-- Si Dunn

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Si Dunn's second book of poetry, Anchoring, is now available through Lulu

'Waco' Movie Controversy Takes a New Texas Twist

One of the producers involved in the controversial movie project Waco has resigned her post as head of international sales for Entertainment 7 and contends that political "pressure from above" the Texas Film Commission caused state incentives to be denied to the $30 million production, which focuses on the 1993 Branch Davidian standoff that left more than 80 people dead.

Tara Wood adds that her work on the Waco project "as it pertains to assistance with funding" is complete, and she will return to Austin soon to focus on her Texas-based entertainment distribution company. Emilio Ferrari, head of Sherman Oaks, Calif.-based Entertainment 7, will remain the Waco project's lead producer, she says.

"It’s very unfortunate that Texas will not benefit from this project," she says. "I’ve lived in Austin for 15 years, going back and forth to L.A., and have been actively involved in trying to get the film community back on track. This is quite a blow. I was very encouraged when the most recent bump in incentives went through, because it actually allowed us to consider Texas to shoot. I’m shocked at this [Texas Film Commission] decision.

"Since Mr. Ferrari has made that ridiculous statement 'will never ever shoot in Texas,' I have left his company as head of international sales of Entertainment 7. I’ll be damned if I worked this hard to have someone be that reckless! I have a Texas-based distribution company and will put all my efforts there again."

Ms. Wood notes: "When this all went down, the last thing I wanted was to be associated with anything against Texas or the Texan people. My argument is against the language in the provisions [which bars portraying "Texas or Texans in a negative fashion" in any project seeking state production incentives]. In my opinion, this is blatant censorship, and ‘the state’ of Texas needs to take a step into this generation. The picture is going to be made with or without Texas, with another state reaping the benefits, most likely Louisiana (again). It was unfortunate that [Texas Film Commissioner] Bob Hudgins has been attacked in all of this. He made the mistake of taking the blame and becoming the state’s scapegoat by stating it was his decision. If you know Bob, you know he wouldn’t deny the Texas people the benefits. I firmly believe there was pressure from above."

-- Si Dunn

Texas Movie Incentives: The 'Censorship' Controversy Continues

Texans and outsiders hoping to produce moving-image projects (movies, TV shows, documentaries or video games) with state assistance are beginning to wake up to the realities of a legislative restriction that some now decry as "censorship."

A statute signed into law with little fanfare in June, 2007, established the following conditions under which the state-funded Texas Film Commission is supposed to review applications for grants to assist moving-image productions:

"The office is not required to act on any grant application and may deny an application because of inappropriate content or content that portrays Texas or Texans in a negative fashion, as determined by the office, in a moving image project. In determining whether to act on or deny a grant application, the office shall consider general standards of decency and respect for the diverse beliefs and values of the citizens of Texas."

The part causing the most debate and heartburn at the moment involves the language where the Texas Film Commission "may deny an application because of inappropriate content or content that portrays Texas or Texans in a negative fashion, as determined by the office..."

Texas Film Commissioner Bob Hudgins recently denied a state grant to assist the production of a $30-million movie project called Waco, after some of the participants and observers of the 1993 Branch Davidian standoff that resulted in more than 80 deaths claimed its screenplay was "inaccurate" and portrayed some real-life characters in a negative light. Numerous Texas entertainment workers were hoping to get jobs on the Waco project. But one of the movie's producers has since stated that his company will "never ever" shoot a movie in Texas as a result of the ruling.

Some opponents of the Texas Film Commission ruling, including this writer, have voiced opinions that the Waco movie would be a work of fiction, no matter how truly "based on real events" it is, and the Texas Film Commissioner thus has been tasked by state legislators to censor fiction.

After all, some of the most successful and enduring movies about Texas, including Giant and The Last Picture Show, have not portrayed Texas and Texans in a positive fashion. Neither have movies such as The Texas Chainsaw Massacre and TV shows such as Dallas. But Giant and Dallas have brought tons of tourism dollars to Texas and are still paying off decades later. And other movies and TV shows, including the definitely inaccurate Walker, Texas Ranger, also will pay tourism and "image" dividends to Texas for many years to come.

Texas may as well face the truth. The state's image has been less than angelic to the outside world since at least 1836, and there's just no way the Texas Legislature will ever be able to stuff that genie back into a Shiner beer bottle.

Here are links to some of the ongoing discussions voicing criticism or approval of the Texas Film Commission action:


The Austinist.com

The Austinist.com

The Austin American-Statesman

The Texas Legislature currently is bogged down in a pile of partisan political battles over voter ID cards and other issues, and its session will end soon. Thus, the "in a negative fashion" restriction may keep generating controversy--and negative light for Texas politicans' lack of enlightenment--and keep causing job losses for many months or years to come.

-- Si Dunn

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Texas Movie Incentives = Texas Movie Censorship

"We can tell the story, 'The Scoundrels of Texas.' We have scoundrels. As long as we portray our scoundrels accurately, then those projects, you know, will be able to be included in the program," Texas Film Commissioner Bob Hudgins recently told News 8 Austin.

Hudgins was responding to questions about his recent decision to deny state assistance to Entertainment 7's movie project Waco, on the grounds that events depicted in the script did not accurately portray what the Branch Davidians and others said happened during the violent 1993 standoff near Waco that left more than 80 people dead.

Of course, who can judge what is "accurate" and what is not? One hundred people watching one incident will see it one hundred different ways and can create one hundred totally different accounts of what they just witnessed.

Movies -- unless they are billed as documentaries -- are fiction, and in fiction, anything goes. Nothing is "real."

As Austin actor and writer Curtis Wayne has pointed out: "Did The Sopranos paint New Jersey in a good light? Do you think NJ would vote 'yes' on incentives to have it shot there, knowing what they know now? Of course they would. This is silliness."

The provision invoked by Texas Film Commissioner Bob Hudgins goes beyond "silliness," however. State legislators have imposed outright censorship conditions that deny incentives to moving image projects which portray "Texas or Texans in a negative fashion."

Texas has long prided itself on being big, bold, strong and independent. But in this ridiculous case, it is attempting to protect itself in the same manner that a small-town Chamber of Commerce might try to guard the business image of its population-10,000 burg.

I repeat, movies are fiction, and in fiction, anything goes -- including "factual" inaccuracies and Texas buffoons and crooks. Was the TV show Dallas an accurate description of Big D, Texas and Texas oil tycoons? Yee-haaa! That's a big NO, cowboy. Has the fact that Dallas stayed on the air for 13 years, until 1991, somehow stopped or hurt Dallas-related tourism? No, people still show up from all over the world eager to see Southfork Ranch and other memorabilia of the series.

Texas definitely has not been hurt by this bald-faced bit of fiction. Indeed, the state has made a ton of money from it and equally inaccurate shows such as Walker, Texas Ranger. And Texas could keep making tons of money from Texas movies and TV shows, even those that criticize the state and mock the attitudes and mannerisms of the citizenry. We can be embarrassed all the way to the bank.

The Waco movie project had an estimated budget of $30 million, much of which would have been spent in Texas. The production company also wanted to shoot another movie in the state. Now, according to Entertainment 7's Emilio Ferrari, his company will "never ever" shoot a movie in Texas.

Quite a few Texans, some of them currently unemployed, were counting on those movie jobs, and now they won't be working. The production company also will not be buying food and supplies and renting equipment in Texas. This is a much bigger embarrassment than enduring 120 minutes of celluloid fiction showing federal agencies and Waco's Branch Davidians ending up in a violent shootout, standoff and deadly fire.

If the Texas Legislature has any sense at all (and, quite often, that is strongly questioned by Texas voters), the "in a negative fashion" clause should be stripped out of the Texas moving image incentives statutes just as soon as possible.

-- Si Dunn

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"Waco" Production Company on Texas: "We Will Never Ever Shoot in That State"

By Si Dunn

Emilio Ferrari, described on the Internet Movie Database website as "one of Hollywood's busiest independent producers," is hopping mad. Ferrari, an executive with Entertainment 7 in Sherman Oaks, Calif., is vowing to "never ever shoot" another movie in Texas.

The Austin American-Statesman reported May 20 that Texas state tax incentives have been denied for Entertainment 7's movie project Waco because of alleged "factual inaccuracies" in the script.

Waco focuses on the violent 1993 standoff between federal law enforcement agencies and the Branch Davidians led by David Koresh, at a compound near Waco, Texas.

Texas State Film Commissioner Bob Hudgins rejected the incentives, telling the American-Statesman that his decision was based on restrictions put into place in 2007 by the Texas legislature. A provision (introduced by Republican State Senator Steve Ogden) restricts filmmakers taking tax incentives from depicting "Texas or Texans in a negative fashion" in their productions.

Hudgins told the American-Statesman that his decision to deny the incentives to Entertainment 7 was "not censorship at all," and he added that Entertainment 7 is welcome to shoot Waco in Texas--without state financial assistance.

But Emilio Ferrari, in an email sent to Dateline: Oblivion from the Cannes Film Festival, sees things much differently:

"First of all, for the record, the script on the story of what happened in Waco is very accurate. Years and years of research and our co-producer is someone whose Waco doc won an Emmy and was nominated for an Academy Award. Also, it's pure bullshit what the head of the film commission said about the script having factual inaccuracies. He has had the script since last year and loved it and couldn’t wait for us to come there and shoot and was helping us with locations, etc. And now, suddenly, the script is no good, like he is amazingly now an expert on Waco based on his years and years of research. Come on, give me a break. We all know what’s going on here. It's politics in full force. And...it's pure censorship and political pressure," Ferrari stated.

"We were also going to bring another film to shoot there (Texas) with a studio behind it, but now, after all this, we will never ever shoot in that state. And we shoot a lot of films."

This news likely will be disappointing to many who work in Texas' struggling moving images industry. Hopes for new productions and new jobs have been running high since Gov. Rick Perry signed Texas' new production incentives legislation into law April 23 at Robert Rodriguez's Troublemaker Studios in Austin.

The Waco movie was expected to create numerous production jobs in Texas.

But as Ferarri told the American-Statesman, "It's not a movie about Texas. It's about an incident that happened there, but it could have happened anywhere."

In this case, after the incentives rejection, Waco very likely will now be filmed "anywhere"--except Texas.

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