Between The Buried And Me guitarist Dustie Waring is suing Between The Buried And Me for "unlawfully preventing" him from participating in the band.
It all started when Waring began facing accusations of sexual assault in May 2023. Waring was replaced by guitarist Tristan Auman live for a little while, and then eventually rejoined the band on stage. Then Between The Buried And Me hit the road again this year for their Colors and Colors II tour, and Waring was once again not in the band.
Waring has now published a letter from his lawyer on his Instagram detailing his issues with Between The Buried And Me. In the letter, Waring's lawyer Timothy C Parlatore states that Between The Buried And Me has "unlawfully prevented" Waring from joining the band. Parlatore's letter questions why Between The Buried And Me kept Waring from the band, and later states that the band allegedly also tried to use injury and "unsatisfactory performance" as another reason in tandem with the allegations against Waring.
Parlatore's letter later accuses Between The Buried And Me of wanting Waring out of the band so they could all allegedly get a bigger profit per member. Between The Buried And Me has not yet commented on this situation.
The letter ends: "If your clients [Between The Buried And Me] are unwilling to either engage in a reasonable, fact-based, settlement negotiation, Mr. Waring has no choice but to file a lawsuit to ensure that his rights are protected. Given the way the discussions have proceeded thusfar, I would strongly advise your client to retain additional counsel with litigation experience to make the discussions more fruitful.
"However, I need to hear from you by next Friday, April 5, 2024. Additionally, Tommy Rogers and Paul Waggoner may be named as individual defendants due to their personal conduct, so they may want to hire individual counsel as well. If we are unable to reach a resolution, then I will begin preparing to file in the U.S. District Court."
Waring issued his only comment on the matter, saying: "It's been a tough year for me and everyone who cares for me, but many of you have been amazing and so supportive, it's moved me beyond anything I could ever imagine. With that said, It's also been a really eye opening experience, one that has changed me and the course of my life. To have to go through it without the support of some of my brothers was not only hard but quite the shock. You all deserve answers, I'm sorry you didn't get them before now. I won't be commenting on this, all inquiries can be sent to my lawyer"
