The wife of the last surviving original member of The Coasters, an influential 1950s vocal group, is upset that an "impostor" band using the Coasters name and reputation is playing a music festival in New Mexico next month.

The Clovis Music Festival, scheduled for Sept. 7-12, initially advertised "The Coasters" would be playing the festival, along with '50s stars Bobby Vee ("Take Good Care of My Baby") and Brian Hyland ("Itsy Bitsy Teenie Weenie, Yellow Polka Dot Bikini") and '70s band Starship, featuring singer Mickey Thomas.

However following complaints, the billing on the festival's website was changed to "Billy Richards' 'Coasters'."

But Veta Gardner, wife of the ailing 82-year-old Carl Gardner of The Coasters, said in a telephone interview from her Florida home Friday that the festival still is advertising Richards' 'Coasters' as "the Clown Princes of Rock 'n' Roll." That, she says is a trademark of the real group. The site also says Richards' Coasters are responsible for hits like "Yakety Yack," "Charlie Brown" and "Love Potion #9."

"They can't say that," Gardner said. "Billy Richards didn't sing on those recordings."

"We've been fighting this for years," Gardner said. "It's been hard. I'm sure that this contributed to Carl's stroke."

The town of Clovis is important in rock 'n' roll history. Buddy Holly recorded most of his major hits there in Norman Petty Studios. Singers such as Roy Orbison and Waylon Jennings also made early recordings there.

The Clovis Chamber of Commerce is sponsoring the festival. Chamber director Ernie Kos on Friday referred a reporter to the company hired to organize the festival, Rockhouse Productions — a Minnesota company owned by the sons of singer Vee. Jeff Vee couldn't be reached for comment Friday.

The issue of "impostor" groups came to the attention of the New Mexico Legislature last year. State Rep. Al Park, D-Albuquerque, sponsored a bill, similar to others passed in more than half the states in the U.S., called the "Truth in Music Act."

The bill would have made it illegal for anyone to advertise or conduct a live musical performance or production in New Mexico "through the use of a false, deceptive or misleading affiliation, connection or association between a performing group and a recording group." Those violating the act could have been fined between $5,000 and $15,000 and the attorney general or a district attorney would be empowered to file an injunction to stop a performance.

Parks' bill passed the House by a large margin and made it through the Senate Judiciary Committee before time ran out on the Senate floor. Supporters hope the bill will be introduced again next year.

Jon Bauman, better known as Bowzer from the '50s parody band Sha Na Na, has pushed for the law in several states in his capacity as head of the Vocal Groups Hall of Fame Truth in Music Committee. "It's the vocal groups who are mainly impacted by this, which I consider a bizarre form of identity theft," Bauman told The New Mexican last year.

According to AllMusicGuide.com, The Coasters, which was the first vocal group inducted into the Rock 'n' Roll Hall of Fame, was formed in Los Angeles in 1958. There were many personnel changes through the following years. By 1971, Gardner was the last original Coaster left in the group.

The AllMusicGuide notes, " ... numerous different Coasters lineups have toured the oldies circuit; Gardner's holds the legal claim to legitimacy, but (other Coasters) all led differing lineups at one point or another."

Carl Gardner no longer is performing. His place in The Coasters has been taken by his son, Carl Gardner, Jr. The group performed in New Mexico a few years ago at Route 66 Casino, Veta Gardner said.

The Gardners and Richards have clashed for years. Richards, who says he was part of original Coaster Bobby Nunn's version of The Coasters in the 1960s, sued Carl Gardner over use of the band name. A 1997 article in The New York Observer said, "Mr. Gardner said he enlisted his co-defendants (other members of The Coasters), who were in California, to defend the suit, but they failed to show up in court and Mr. Richards won a default judgment in 1990."

Contact Steve Terrell at 986-3037 or sterrell@sfnewmexican.com