A ROW over an axed performance of Jesus Christ Superstar in a York park has culminated in the Local Government Ombudsman suggesting its organiser should take City of York Council to court.

Lesley Jones, of the Bev Jones Music Company, called off the show in Rowntree Park’s amphitheatre last June after council health officials said the cast should wear masks even when singing.

An official told her in an email: “Wearing face coverings reduces the mass of aerosol expelled when singing, so masks should be worn during the event.”

Director of Public Health, Sharon Stoltz, later said the email was only intended to be shared with Safety Advisory Group members and did not constitute public health advice to Mrs Jones, and apologised for distress caused.

Mrs Jones then asked the council to cover the costs of rehearsals, actors and musicians’ recompense and lost ticket sales but the authority declined, insisting it had “considered the event permissible”.

Mrs Jones complained to the Local Government Ombudsman, but they have now said: “We shall not investigate Mrs X’s complaint the council was responsible for her cancelling a concert. It would be reasonable for Mrs X to take the matter to court... The law says we cannot normally investigate a complaint when someone could take the matter to court.”

Mrs Jones said she had been left ‘utterly distraught and bewildered,’ as the council’s comments had forced her to cancel what would have been a successful show, leaving professional musicians and the director all out of pocket.

“This is a ‘wiping of the hands’ and a glib response that I can take the council to court but to do so I have to pay upfront to initiate the case,” she said.

“The heartache has already had an effect - the company is now closed.”

York Central MP Rachael Maskell said there had been an injustice and the council could have resolved the matter had it worked with Mrs Jones rather than place unreasonable requirements in place, with no support at a very difficult time. “My only hope is that they will reflect on the way that they have acted and will never repeat this again.”

Neil Ferris, Corporate Director of Place, said that through the Safety Advisory Group, the council and emergency services partners provided advice and guidance to help ensure dozens of events took place safely each year.

“When applications are made to the group, we share the latest Government advice, which is what happened on this occasion,” he said.

“The council did not cancel or require the cancellation of the event. We shared national guidance and advice with event organisers on how to run events as safely as possible; they acted upon that advice accordingly.”