A longtime resident and caretaker of the famed Fox Theatre in Atlanta, Georgia, can keep living there while a legal dispute is settled over his residency at the historic landmark.
âIâm tickled to death,â 83-year-old Joe Patten said Wednesday of the agreement to let him stay in his apartment in the Fox, the renowned entertainment venue where he has lived since 1979.
"It's wonderful. I was hoping it would turn out like this," Patten said, smiling broadly.
Patten, whom supporters have dubbed the âPhantom of the Fox,â sued the nonprofit Atlanta Landmark, Inc., the owner of the Fox, and President Woody White, in October, requesting they be prohibited from evicting him from his apartment.
Citing concerns over Patten's health and well-being, Atlanta Landmarksâ board of trustees voted in August to terminate the lease, which meant Patten would have been required to leave by December 1.
Pattenâs plight has struck a chord in Atlanta, where supporters of the Fox regard Patten as an icon and de facto custodian of the theater itself â originally a Yaarab Temple Shrine Mosque that opened as an entertainment venue in 1929. To them, the case has become a human rights issue over whether Patten should be forced out of a home and institution to which he has devoted his life.
âHe has fulfilled his duty to the theater with dedication and passion, and it is his wish to stay there until his dying day,â supporter Gordon Dyker said, waving a sign that read âWhatâs the Fabulous Fox without its Phantom?â outside the Fulton County Courthouse where the decision was announced Wednesday.
âHeâs 83 years old. Come on, let him be.â
At issue for the court Wednesday morning was an injunction sought by Patten - the theaterâs technical director from 1974 to 2001 - to allow him to remain in the 3,600-square-foot apartment until the dispute is resolved.
Dressed in a navy blazer, a blue shirt and thick, black-framed glasses, Patten awaited the announcement Wednesday morning with supporters in the front row of courtroom 4D in Fulton County Superior Court. A few rows behind them sat White and the Foxâs general manager, Allan Vella.
Pattenâs supporters erupted in applause after Judge Jerry Baxter announced the decision, which he characterized as an agreement between both parties pending a hearing to resolve the matter.
"Both sides are working together to work this thing out, and it's my hope that they will be able to work it out," Baxter said.
The Fox Theatre said the parties agreed to keep Patten's original lease in place "for the time being."
"It has and it continues to be the intent of Atlanta Landmarks to allow Mr. Patten to live in the apartment as long as he is able," the Fox said in a statement. "We hope that today's proceedings will lead to a mutually beneficial resolution, which has always been our desire."
Pattenâs cause has drawn fans from around the world on Facebook fan page, along with monetary donations, and his court appearance Wednesday attracted Atlanta eccentric Larry Platt, the "American Idol" contestant who became a viral video celebrity with the song âPants on the Ground.â
âHeâs got a lifetime agreement. You canât mess with that,â Platt said Wednesday outside the courtroom. âLeave the man alone.â
Pattenâs relationship with the historic entertainment venue began in the 1960s, when he volunteered to help restore its âMighty Moâ organ, the second-largest theater organ in the world, according to the Fox. In the 1970s, Patten helped lead the âSave the Foxâ campaign to save the theater from demolition.
In 1979, he entered into a lease agreement with Atlanta Landmarks, which permitted him to renovate an unused space in the Fox Theatre building at his own expense of $50,000 in exchange for the right to remain there until his death. The agreement also provided for the installation of a remote security monitoring system in Pattenâs residence with the expectation that he alert and assist authorities in the event of an emergency.
His supporters credit his knowledge of the theater with helping to save it from a fire in 1996.
On August 30, Atlanta Landmarks passed a resolution to terminate the lease, citing the âbest interestsâ of the company. In a letter to Patten, Atlanta Landmarks President Woody White expressed concern over his âdeteriorating healthâ and the âincreasing burdenâ it placed on theater staff.
âWe are very concerned about your medical condition, and we continue to hope and pray that your condition will improve,â White wrote in a letter dated August 11. âAs good stewards of the Fox Theatre, however, our ongoing concerns for your health and our hopes for a full recovery must be weighed against our obligations to the Theatre and how your condition impacts the Theatre.â
By terminating the lease, Pattenâs lawsuit claims the nonprofit and its president violated the Georgia Fair Housing Act by discriminating against him based on his âperceived physical disabilities," his lawyer, Emmet Bondurand said.