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Lucy Mercer

Lucy Mercer
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Atlanta, Georgia, USA
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December 31
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I cook, I write, I carpool. You may also find my words at A Cook and Her Books. Email acookandherbooks@gmail.com. Thanks for visiting!

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SEPTEMBER 16, 2010 7:13AM

Save the Phantom of Atlanta's Fox Theatre

Rate: 23 Flag
joe 

 Joe Patten is an Atlanta legend, although until recently, he was known more commonly by his nickname than his given name.  Joe Patten is the Phantom of the Fox, the man who calls Atlanta’s most famous concert venue, the Fabulous Fox Theatre, home. These days, 83-year old Joe is fighting his landlord in order to stay in his apartment in the 1920’s movie palace.

This is a story that many have heard before, where younger family members and friends make sure that their elderly relatives are safe in their most senior years. This story is notable because of Joe’s address - 660 Peachtree Road, inside the Moorish style theatre, designed to "out-Baghdad Baghdad."  Joe has called his 3,600 square foot apartment in the upper reaches of the theatre home since the late 70s, when he became the caretaker of the then recently-rescued landmark.

 In a metropolitan area that has seen hard times in this recession and in which many people have lost their homes, the fight to keep the Phantom in his lair has ignited a grassroots movement, with  8,000 Facebook fans (and counting),  protest rallies and numerous media stories, including Monday’s article in the New York Times. A boycott of Fox events is now encouraged by the organizers.

joe logo

 “Joe is such a popular figure,” says Samantha Molineaux Graham, a family friend and organizer of Save the Phantom of the Fox, the group seeking more favorable terms for Patten's lease. “He’s extremely generous and gives tours of  his apartment and the Fox."

Joe Patten himself is 83 years old, with a smile that lights up the room and eyes that twinkle behind black framed glasses. Although in remarkably good health for his age, Joe is a diabetic and a recent problem with his blood sugar landed him in the hospital for 20 days.  Coming home to his apartment, he was given a letter with revised terms to the lifetime lease he signed in 1979. Patten refused to sign the new occupancy agreement because it would be month to month and does not allow guests without a prior written approval from the owner of the Fox Theatre, Atlanta Landmarks, no overnight guests, and no in-home healthcare, and he can be evicted  with 60 days notice, Graham says. Patten currently has an in-home nurse checking in daily.

“This is not a workable agreement,” says Graham. “I think they (Atlanta Landmarks) just thought they’d bully the old man until he gets out.” Graham calls the board’s concerns for Patten’s health “disingenuous.” “He’s in great health. He has lots of family and friends to help him and no one wants to see his apartment taken away from him.”

Patten has a gift for fixing things, and is a fan  of classic cars and movie house organs, which is what brought him to the Fox Theatre in the 1950s. The Mighty Mo, the Möller organ, second only to Radio City’s organ, needed repair, and Patten and friends convinced the owners of the Fox to let them restore it. Through the years, Patten stayed and explored the grand structure.

Patten is credited with saving the Fox Theatre on at least two occasions. First, in the 1970s, when the run-down movie theatre was purchased by neighboring corporation Southern Bell which planned to demolish the structure. Patten and friends organized Atlanta Landmarks and raised sufficient funds to purchase the theatre, eventually restoring it and see it come into its glory as Atlanta’s, and truly one of the country’s, premier concert venues. In 1979, Patten was offered a lifetime lease on an unused portion of the theatre in exchange for his serving as caretaker of the building.  He sold  his home and spent his own money to create the apartment, filling it with family antiques and articles acquired in his travels.

 

fox

 

Patten’s second rescue of the theatre was due to the fact that he was the on-site caretaker - a fire started in some wiring in the empty building, and Patten noticed in time to prevent millions of dollars in damage. That was in 1996. Patten retired as the technical director of the Fox Theatre in 2004, but has continued to live in the apartment according to the terms of the 1979 lease. Graham says that the lease is under negotiations now and Patten's lawyers hope to come to an agreement that will allow Joe to live at the Fox as independently as possible for as long as he wants.

 

fox at night

The title "Phantom of the Fox" appears in a 1982 Atlanta Journal-Constitution profile of Patten, pre-dating the 1986 Andrew Lloyd-Webber musical "Phantom of the Opera." The phantom in that play pranced along the proscenium arch and played to sell-out crowds in the early 90s at the Fox. Given the extreme nature of that Phantom's attachment to his theatre, it makes you wonder what kind of havoc this Phantom could create if he doesn't get his way...

 joe standing at fox

 

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(The Fox, incidentally, is not the site of the 1939 premiere of "Gone with the Wind"- that was the Loew’s Grand, in the heart of downtown, which was destroyed by fire and then torn down to make way for the Georgia Pacific building in the 1980s. The Fox is located across the street from the Georgian Terrace Hotel where the movie's actors stayed for the premiere.)

 The photographs of Joe Patten are provided by Lisa Dodd Hobart  and more of Hobart's pictures from the protest may be found here.

 The photos of the Fox Theatre are from Wikipedia.

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I couldn't agree more! Save the Phantom of the Fox!!!
Very nice article. I love that building, and I had no idea that the caretaker lived in it until I saw the news article last week. I hope he gets to stay... Well done, Lucy!
Great coverage on this...I hope they work this out...Save The Phantom of The Fox! This is the kind of activism I like to see! xox
A great story, Lucy. Thanks for bringing to our attention. I hope he's able to stay. It seems as if he is as much a landmark as the building itself.
The Fox Theater is one of the most beautiful movie palaces in the United States, but the Fox without Joe Patten it's just another empty building. He's the soul of the place.

I met Joe in 2004, while I was in Atlanta to run a blood drive associated with the 2004 Libertarian National Convention. I had the great privilege of meeting him and hearing the great organ while I sat through a showing of the restored version of Fritz Lang's Metropolis, a once in a lifetime experience.

By the way, I think the organ in the Fox may be the third largest in the United States. The second largest is possibly in the auditorium of the Brooklyn Technical High School in New York, a venue which is substantially larger than the Fox Theater and was, back in the 1960s, the second largest auditorium in the city after the Music Hall, but that may have changed.

By the way, a very good piece of writing.
Thank you, Lucy. I love this story - I love the Fox Theatre. I just joined the facebook page because of your reporting. Save the Phantom of the Fox!
What an amazing story. It's a classic bad guys out to get the deserving hero. I agree--save the phantom!
This is great. Joe spent almost $60,000 of his own money to build the apartment. He also was on call 24/7 for more then 25 years. He earned his right to stay at the Fox. Without Joe and Joes love for the Fox there is no Fox.
savethephantom@gmail.com
Daniel Graham
he shouldn't be allowed to keep the apartment. He should be given the entire theater. Fox theaters are shrines. He will do whatever he can to preserve it. A corporation will only take every penny they can get while letting that national treasure rot.

go phantom!

even though i'm a stage electrician and he's a lousy know nothing TD.
he shouldn't be allowed to keep the apartment. He should be given the entire theater. Fox theaters are shrines. He will do whatever he can to preserve it. A corporation will only take every penny they can get while letting that national treasure rot.

go phantom!

even though i'm a stage electrician and he's a lousy know nothing TD.
Great story, Lucy! Hope it works out for the Phantom.
Well done coverage of a local story with national interest. Best of luck to Joe.
Thank you so much for posting this story---I was going to say you go Joe but I think I will say STAY Joe!
You are the Phantom of the Fox!
Joe Patten is an Atlanta treasure akin to the Pink Pig and the Big Chicken.

As long as the Fox is standing and Joe has breath in his lungs, the two should never part.
Thank you for writing this. I put a reference to the Facebook page on my own. I wish Ralph McGill and Celestine Sibley were still around to second your own great thoughts. I remember when the Fox was in very sad shape and clearly this man contributed to it's present success.
Great post, Lucy! I read the NYT story but your local perspective really brought this issue to life. I understand the concern for his health, but a ban on in home health care is clearly aimed at removing him, not at his welfare.
Annie: Thanks for visiting. I’ll update the story as it progresses.

Lisa: For Atlantans, the building is such a treasure - would the Nutcracker be as grand in any other theatre?

Robin: Exactly!

Bell: The outpouring of support for Joe Patten seems to have taken the Fox management by surprise.

Sagemerlin: I love your perspective on this story! I’m going with the official info on the Mighty Mo, partly because I like writing and saying “Mighty Mo.”

Amanda: It’s a moment every parent treasures - sitting with your child at the Fox Theatre, looking at the twinkling lights and the clouds that move and saying “Did you know there’s a man who lives here?“ Thanks for reading!

Dear Reader: I have a feeling the good guys will prevail here.

Bonnie: Too bad Joe is diabetic. Maybe I can come up with something healthy, but you know, that’s my great struggle. Thanks for reading!

Daniel: Thanks for reading!

Wschanz: I just read your blog and indeed, you have a perspective that not many have. On the official Save the Phantom website, there’s a picture of the “Fox” sign that says “Joe” and suggestions that the theater be named the Fox-Patten. Thanks for reading and here’s to the glorious Fox Theatre!

Pilgrim: Thanks for reading!

Theresa: Thanks for commenting!

Patricia: There is a temptation to add “Say it ain’t so, Joe.” Thanks for commenting!

Sedona: The Pink Pig isn’t quite the same, but it changed with the times. Some things should be sacred - phantoms, kiddie rides and fried chicken shrines. Thanks for reading!

Liberal Southern Democrat: (I skipped the temptation to shorten your name to “LSD”) Celestine would get a month’s worth of columns out of this story, getting readers to reach for tissue boxes and their congressman’s phone number before they got to the end of her column. I still miss her. Thanks for reading!

Linda: I appreciate your doctor-ly perspective, which is shared by the supporters of Joe Patten. He’s being proactive with his health, and the leaseholder wants to restrict in-home healthcare. Thanks for commenting!
Great story, Lucy, and well-told.

I'm no expert in landlord-tenant law, and certainly not the laws of Georgia, but I wonder how they can possibly evict him based on the terms of the extant lease. Good for him for saying no to the revised lease, but I'd be curious to know the legal grounds of the owner for trying to revise the lease or for trying to evict him at all.

And I agree with Linda. The no in-home healthcare policy is designed to get him out. I appreciate that there might be legal issues for being treated in their building, but those issues could certainly be worked out via a hold harmless agreement, or so I would assume.
For Gavin & others who read legal, an Atlanta blogger has posted the documents relating to Joe Patten's lease. They can be found at Intownwriter on Wordpress under the right hand column "Just the Facts, Ma'am." Here's a link:
http://intownwriter.wordpress.com/fact-or-fox-fiction/
Well told story of a colorful and obviously well-loved local figure.
Great reporting! This is of interest. I would love to see that apartment! Wonder why they want his out? Does the theater still show films or do anything? R
Dear Lucy, WOW!

You've written a wonderful piece that I've yet seen in the media. Thank you for your commentary, well, for your factual account of the proceedings of Atlanta Landmarks vs. Joe Patten.

Joe is a dear man, who cannot be unlinked to our beloved Fox Theatre. The two will be forever interwoven into the history of Atlanta. He IS a local hero, who is polite, confident, and above all, a Southern gentleman. Having traits many in the tech world in which we live, fail to practice regularly.

But one thing rings true to those with whom I meet and discuss this sad situation - the public is dissatisfied, no, that's far too polite, appalled, by the disrespect & treatment of Joe Patten.

Thank you for bring more attention to this situation with this lovely 83-year-old living history book.
Lucy, thank you for sharing this. Really, the owners of the Fox ought to be paying Joe to live there, for all he's done for the theatre! I hope this isn't a prelude to some sneaky attempt to sell or demolish the theatre. I'm keeping my fingers crossed for that dear man!
What a great article Lucy. What the hell is wrong with people that they want to turf the old guy out like that? Can't they see that in the movie version they'd be the bad guys and that some critics would condemn the portrayal because after all, in real life no one would be that cruelly obtuse. Fight the good fight there kiddo.
Marvelous story, and if there is any justice, he will be able to stay as long as he wants. Some things are meant to be and should not be challenged.
What a wonderful story Lucy--thanks!