Apparently, there's not always room for Jello. Former Dead Kennedys frontman Jello Biafra, who was sued by his three former bandmates in 1998 over royalty disputes and general mismanagement of the DK legacy, is up in arms about the group's current tour. Biafra is alleging misrepresentation and bait-and-switch tactics on the part of the band, their booking agency, and various promoters; he claims no one is going out of their way to let the public know that he is not touring with the band. (Brandon Cruz, singer for California hardcore outfit Dr. Know, is currently handling singing duties.)

"This isn't the real thing. The public has a right to decide whether or not they want to see a half-assed karaoke band that doesn't even rehearse, or stay home," says the vocalist, spoken-word artist and head of San Francisco label Alternative Tentacles. "They have a right to go if they want to, but people need to be informed of the truth, not make their decision on arguably false advertising."

He's got a point, if only barely. As recently as a week ago (only 10 days prior to DK's Feb. 8 Jannus Landing gig), I overheard ticket buyers at St. Pete's Daddy Kool Records asking for clarification about the lineup. Biafra says that in some cities, promoters are going as far as running old photos of the band that include him, or waiting until weeks after tickets go on sale to announce who will actually take the stage. He believes, however, that such tactics originate much higher up.

"There's a pattern there. It's not just local promoters doing it to bring in people. All along the chain, people are deliberately misleading the public," he states.

DK member East Bay Ray counters: "Did he offer any proof other than his statement? He didn't, did he? So Biafra's attributing something to us that's completely untrue. I think that charge has no basis in reality."

Ray claims that Dead Kennedys' management and agency did everything within their power to inform the public of the band's current touring incarnation. Indeed, press releases on DK's Web site, www.deadkennedys.com, from as early as October of last year, announce Cruz' position as vocalist. DK's manager reportedly mailed out a photo of the band with Biafra cut out when the tour was first planned, then switched to an updated pic including Cruz. According to Ray, the band even made a somewhat half-assed attempt to play under an altered moniker.

"The audience, the promoters, and all the journalists, when left to their own devices, were calling it Dead Kennedys. When we played in L.A., we called it DK Kennedys, but we were the only four calling it that," says the guitarist.

"We told the promoters that (Biafra's) not going to be there. It was in all the press releases. We're not trying to keep any secrets," insists DK drummer DH Peligro. "We just got them to change the pictures, because a lot of people were using old photos. We want to be as up-front as possible.

"We're just bringing it out to the kids who never had a chance to see the Dead Kennedys. Granted, it is without Jello Biafra."

Music Critic Scott Harrell can be reached at 813-248-8888, ext. 109, or e-mail him at scott.harrell@weeklyplanet.com.

This article appears in Feb 6-12, 2002.