This whole issue is fraught with so many problems. Some random thoughts:
-- because of the proliferation of Tony mailings, and shows spending wild amount of money on mailings of different types of merch and printed materials to the voters in years past, the Tony folks tried to put some rules in place to control what was permitted and create a slightly more level playing field.
-- the Tony rules that were enacted allow for a show to send only four items to the voters: 1) a cast album 2) a collection of unedited reviews (essentially reprints) 3) a DVD of the show or of entire scenes intact and 4) the souvenir program.
-- the souvenir program gives the most flexibility to producers in terms of content because the Tony folks can't and don't police what a production puts in its souvenir book. The crux of the violation here is that the book sent out was never in fact the show's souvenir program sold at the theatre. The show didn't have one. This was created after the fact and since it therefore can't qualify as the show's souvenir program, the only other thing it could be is #2 above -- but it doesn't qualify as that either because the reviews are edited down and because it includes editorial content from the cast and creative team.
-- as others have noted, there are no prescribed penalties in the Tony rules and that makes the whole thing vague and somewhat toothless.
-- the assertion that this was "an honest mistake" is baloney. As someone else noted above, these are VERY experienced producers. They just got caught for something they have also done in prior years without incident.
-- per John Adams's suggestion, I'm not sure that a monetary fine works as a solution because money is the one thing producers are willing to spend to win Tony Awards. If they set a precedent of a monetary fine, it would have to be a sizeable sum ($25,000?...maybe to BC/EFA) or else producers may be willing to take their chances down the road.
-- on the flip side, if they do nothing, what kind of deterrent is that? And what sort of justice do the other nominees get?
-- unfortunately, there really is no way to unring the bell here. The voters have the book already. The other nominees don't have time (and may not have the funds) to send out an "illegal" souvenir program of their own to even things out.
-- I'd be shocked if the Committee votes to DQ the show in any category at all -- that seems like a disproportionate response, as no one can prove the efficacy of a souvenir book on voting -- but I'll be fascinated to see what they do, if anything. It does feel like they have to do
something.
"No matter how much you want the part, never let 'em see you sweat." -- Old Dry Idea commercial
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