Dizzying Heights

You can’t really trust too many people in the industry, unfortunately,” declares Hawthorne Heights drummer Eron Bucciarelli via phone from Scottsdale, Arizona, where the Heights are about to headline a packed house. “I think we’ve all sort of kept everybody at arm’s length when possible.”

Bucciarelli’s cynicism undoubtedly stems from the fact that he and his bandmates are currently embroiled in a high-profile legal entanglement with their record label that will likely break a few spirits on both sides before any white flags are waved. Seeking to be absolved of its contractual obligations, Hawthorne Heights filed suit against Victory Records this past August, accusing the imprint of employing unethical promotional tactics that ultimately tarnished the band’s reputation. The Ohio-based outfit also claims that Victory owes it more than a million dollars in unpaid royalties. In September, Victory countersued, denying all claims and adding in charges of libel and breach of contract.

Both parties are pulling the greed card on each other. Hawthorne Heights recently posted a lengthy diatribe on its website stating, “We have decided to leave Victory, in part due to the actions of the man who sits at the head of the label, Tony Brummel. Tony Brummel is a man that cares more about his ego and bank account than the bands themselves.”

Victory’s counterclaim responded to the written assault by insisting that Hawthorne Heights is “willing to say anything — no matter how untrue or defamatory — as a strategy designed to free themselves from their legal obligations to the independent record label that made them famous, in favor of ‘greener pastures’ and financial inducements offered by so-called ‘major’ record distribution companies.”

The stakes are high for everyone involved. If Hawthorne Heights loses its case, it will be obligated to fulfill its current contract by putting out two more records on Victory. If the group wins, Victory’s roster will lose one of its most profitable clients.

“We care very much about what we’re doing,” Bucciarelli affirms. “We’re very passionate about playing music, and we don’t want to see that come to an end. So we’re going to take our career into our own hands.”

A lack of autonomy on the band’s part is what created this mess in the first place. Back in February, just before the release of the Heights’ sophomore effort, If Only You Were Lonely, an e-mail was circulated to Victory street-team members that encouraged them to help bolster sales by sabotaging any direct competition. Rapper Ne-Yo’s disc, In My Words, which dropped that same week, was specifically targeted. The street team was urged to remove Ne-Yo’s album from prominent display shelves at record stores and then essentially hide it so that it would be harder for buyers to find.

Ne-Yo ended up debuting at number one on the Billboard charts that week, while Hawthorne Heights came in at number three. For a band on an independent, moving 114,000 units out of the gate was phenomenal. Unfortunately, the celebration didn’t last.

Soon after, the e-mail in question was leaked on the Internet, and Hawthorne Heights was blasted by critics for being racist and egomaniacal. The bandmembers — Bucciarelli, guitarists Casey Calvert and Micah Carli, bassist Matt Ridenour and vocalist/guitarist J.T. Woodruff — insisted they had nothing to do with the underhanded tactic and that the real villain was Brummel, who they claim authored the incendiary missive.

In Victory’s countersuit, Brummel denies all of Hawthorne Heights’ allegations. Reps from the label declined any further comment.

The five-piece has since openly bashed its controversial boss and pointed to other contentious rumors surrounding Brummel and his business practices. Based in Chicago, Victory has been a mainstay on the hardcore scene for the past decade. Initially, it was a niche label that focused mainly on straight-edge bands. But in recent years, Victory has found commercial success by branching out with poppier hardcore acts like Thursday and Taking Back Sunday — two groups that Hawthorne Heights contends also harbor considerable ill will toward Brummel.

“After we signed, we came to find out that all the bands on the label have issues with Victory and with Tony,” Bucciarelli notes. “It’s just to what extent they actually stand up and say something. A lot of bands are afraid that if they say something to Tony or to the press about what’s going on, then their promotion will be cut off. That can kill a band.”

Neither Thursday nor Taking Back Sunday, who have both since signed to majors, could be reached for comment.

“Before we signed to Victory, we were sort of naive to how everything worked, and we didn’t really know much,” Bucciarelli confesses. “We knew we were signing a bad deal, but at the same time thought that the potential for success outweighed any negative.”

The members of Hawthorne Heights are either nuts — or have balls of steel. Lashing out at Brummel so publicly has caused a lot of agitation in the Windy City. The label head has an intimidating reputation that precedes him; he’s sort of like the Suge Knight of the hardcore scene. And though his tough-guy persona may be built on rumors, anyone who has ever met him can attest that “Tony Victory” does not go down without a fight.

Thus far, however, Victory has been pretty tight-lipped about the situation. There’s no mention of the pending lawsuit on its site, and Hawthorne Heights is still listed on its band roster.

“It doesn’t surprise me,” Bucciarelli offers. “It’s not like it’s the most positive thing for them. And I guess from their perspective, they’re trying to pretend like they are going to win, so they’re trying to keep up appearances by keeping us on their site.”

Until the case is settled fairly, the finger-pointing will continue. Regardless, the guys in Hawthorne Heights have tried to keep a positive mental attitude. In preparation for their current tour, they’ve taken it upon themselves to handle promotions, hiring their own independent publicist and radio promoters. Additionally, they’ve reached out to their fan base for support and launched a massive street-team campaign, asking their half-million or so MySpace friends to print and pass out fliers for shows. According to Bucciarelli, Victory hasn’t offered any promotional help, despite the fact that the road show also features the Sleeping, another of the label’s acts.

Relying on DIY-inspired methods is a familiar approach for the boys. Growing up on the East Coast in the mid-’90s, Bucciarelli was exposed to a thriving punk and hardcore scene and was witness to the humble work ethic of groups like Lifetime and Ensign. To him, rebounding into DIY is like going back to his roots.

“You have to take an active role in your band,” says Bucciarelli, “so that if something does happen, you’re able to get through it.”

Although right now Hawthorne Heights is at a standstill legally, the boys are forging ahead, writing on the road with hopes of entering the studio by winter. Bucciarelli has no doubt that he and his mates will be able to release a new album by the end of next year. In spite of everything, music still drives them.

“Even though we’re in the middle of this lawsuit,” he says, “we still want people to go out and buy our CD if they want it and not be afraid or worried about who’s getting money from it. Let us worry about that, and the legal process will work itself out. We want people to hear our music more than anything.”