The Bear's identity is safe at least for now.
A judge Monday ordered that the name of the Utah Jazz mascot be revealed to the plaintiff and attorneys in a lawsuit but said they must keep the identity of The Bear confidential. He backed up the order with the threat of a contempt citation.Plaintiff Sharon Condie is suing The Bear and the Jazz, claiming she was injured during a "crowd surfing" stunt at a Jazz home game against the Miami Heat Jan. 8, 1996.
Condie says as the crowd passed The Bear above her, he was dropped and landed on her head. The injury has left her with a speech stutter, Condie's suit claims.
Her attorneys want to question The Bear about his/her background and training, such as did he/she graduate from mascot school? Has he/she been named in a lawsuit before? And is he/she a convicted felon?
They can't do that without questioning The Bear, attorney John Rooker told 3rd District Judge Glenn Iwasaki Monday.
Jazz attorney Robert Henderson countered the name - even the gender, thus the awkward "he/she" stuff - of The Bear is a closely guarded trade secret, comparing it to keeping the formula for Coca-Cola away from the Pepsi people.
The mystery is part of The Bear's persona, which is described in legal papers as "athletic," "amusing" and "widely loved," Henderson argued. It's also worth a lot of bucks, he implied.
If his/her name were revealed, people could walk up to the person on the street or, worse, call him/her at home, Henderson said, arguing that would greatly reduce The Bear's appeal and commercial value to the franchise.
And besides, Henderson said, the Jazz offered to let The Bear appear for a videotape deposition to answer any of the plaintiff attorney's questions in full costume.
"So what?" Rooker replied.
The Bear is a party to the lawsuit, not just a witness, he told the judge. And if they videotape The Bear in costume being deposed, all they would have is a videotape of "a warm, fuzzy, brown bear in a Jazz uniform," he said.
Rooker compared The Bear to Batman. Various actors from Val Kilmer to George Clooney have played Batman, and people know that, he said. Yet they are willing to suspend their belief long enough to flock to movie theaters by the millions to watch the film.
It's the same thing with The Bear, Rooker argued. People know it's not a real bear out there but a performer inside a bear suit, rappelling down a rope, riding a motorcycle and diving into the audience. They'll still suspend their belief long enough to be entertained, he said.
Comparing The Bear to a Jazz player, Rooker said he is an entertainer who chooses to go out on the basketball court and perform in front of 16,000 fans. "We don't love him less knowing who he is," Rooker said. "We are in love with the costume."
Wrong, Henderson countered.
"We prefer Mickey Mouse over Batman," he said. Yes, people know there's a person inside the costume, but that actor remains anonymous and enhances the character, he said.
The Jazz have given the plaintiff all the information they need about The Bear, Henderson said, including an admission that on the night in question The Bear allowed him/herself to be passed up by the audience for several rows, hand over hand, and then somehow was dropped.
As for the plaintiff's probing for information on The Bear's vocational training and complaint record, Henderson said that's been revealed, too.
"How much vocational training does it take to allow oneself to be passed up by the crowd?" he asked.
One Jazz fan did complain about a soiled coat, and an attorney once complained his cowboy hat was damaged during one of The Bear's stunts. Both complaints were settled with a few free Jazz tickets, Henderson said.
He apparently forgot about Chicago Bulls forward Dennis Rodman whining about The Bear's raucous rounds on the court while riding the Mailman's Harley during the NBA Finals.
Iwasaki ordered the name of The Bear to be revealed to the plaintiff and her lawyers and said the mascot can show up for a deposition sans costume. But they must keep the name confidential, Iwasaki warned, and could face a contempt of court charge if the name leaks out.