Four performers from the O.K. Corral discovered last month that even the gunslingers of the Old West can be caught in the throes of technology when a bystander caught their skit on camera – one that Marshal Larry Talvy alleged violates city law.

Tombstone Huckleberry Productions actors Timothy Wayne Fattig, Chad M. Whiteson, Ronald “Rico” Dienno and Stephen Keith Engdahl were cited for performing without a permit outside the O.K. Corral on Jan. 21.

The four play Morgan Earp, Wyatt Earp, Virgil Earp and Doc Holliday in the gunfight at the O.K. Corral.

The witness who videotaped the skit contacted the Tombstone Police.

“I made contact with the complainant and reviewed a video tape which showed that these gentlemen were performing a skit on the street and they did not have a permit to do so,” Talvy said.

Talvy did not release the identity of the witness.

“Due to the fact that I believe that these individuals may try to make contact and intimidate the witness, we’re keeping it quiet,” Talvy said.

The performers had been doing what they refer to as a “walkdown” – a performance that they’ve had a permit for in the past. What they did on Jan. 21 was not a walkdown, said Engdahl, owner of Huckleberry Productions.

“The skit supposedly, what they’re calling a skit, was a couple of guys running through something that we do inside Big Nose Kate’s – on private property,” Engdahl said. “We don’t do it on the street and we never perform on the street at 1:30. The walkdown that we did was to promote the late show only.”

Under city ordinance 3-72-73, performers must acquire a permit for performing in the street and they must not be for the financial benefit of the business for which they are employed.

City Secretary Laura Jones said the walkdown performed by the members of Huckleberry Productions promotes the reenactment they perform at the O.K., therefore it is not eligible for a permit.

Engdahl explained his experience with the process and pointed out the system’s inconsistencies.

“The last administration told me I didn’t need a permit, they gave me a permit, then somebody else resubmitted the permit and they denied it, which is improper,” Engdahl said.

Engdahl said that he cannot do the street show because of the permit process. He was denied a permit because its purpose was to promote only one business. He added traffic may have been an issue, but he did not agree.

“We work on a street closed off to traffic, so it’s all a bunch of crap,” Engdahl said. “The (old) permit was for the big walkdown show that we used to do that they shut down for whatever stupid reason.”

Talvy said Huckleberry Productions’ most recent request for a permit was denied and the company did not appeal.

Engdahl said the walkdown was shut down “the day that Dusty Escapule became mayor. It was the day after he was sworn in that the marshal shut us down. ”

Since Escapule resumed position as mayor in November 2008, he and Talvy have gained a reputation as strict enforcers of laws that were previously overlooked. For some business owners in Tombstone, that reputation has a negative connotation.

“(Escapule) has business interests on Allen Street and a major conflict of interest in being in a position to determine who can and can’t be on Allen Street,” Engdahl said.

Escapule’s wife Cheri owns Tombstone News and Old Tombstone Stables.

Other business owners are also unhappy with the law and the new administration’s enforcement of it. “Texas Kate” Kukowski, owner of Helldorado, Gunslinger Alley and Ghosts and Legends said laws against solicitation in the streets greatly impede the town’s survival.

“This is the work of a few businesses in town whose work got in the way of common sense,” Kukowski said. “We are a town supported solely on tourist dollars. The tourists like (street performances).”

Dienno said attractions like the O.K. Corral are what keep other businesses afloat.

“We’re good for the restaurants, we’re good for the saloons, we’re good for the shops – we’re good for all the other businesses in town,” Dienno said.

Visitors also have taken notice.

Tourist Rhonda Smith was about to leave for the day during a trip almost two years ago when she saw the walkdown on Allen Street. She decided to go the O.K. Corral show. Since then, Smith has returned to Tombstone “eight or nine times.”

“Tombstone is famous for the gunfight at the O.K. Corral,” said Smith, of Brookhaven, Miss.

Smith was so outraged by the Huckleberry Productions citations that she met with Mayor Dustin Escapule to voice her concern. Smith said when she asked Escapule why Huckleberry Productions could not have a permit, he told her that if he gave one to Huckleberry Productions, he would have to grant permission to everyone. Smith said Escapule explained that so many people on the street would be chaotic and could instigate conflict among businesses.

Escapule was not available for comment.

Each person cited faces up to 6 months in jail and/or a $200 fine.

The four performers pled not guilty in court Feb. 5. Their pre-trial is scheduled for Feb. 19 at 3 p.m.

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