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Legal Issues In Reopening Broadway
This is a time of both celebration and uncertainty for the New York theater industry, which is in the process of reopening following its shutdown dating back to March 12, 2020.
In July 2020, I wrote an article regarding the legal issues for the theater industry posed by COVID-19. See, "How COVID-19 Has Impacted Broadway Productions," Entertainment Law & Finance, July 2020, p.1. I also gave CLE presentations for the NYS Academy of Trial Lawyers, Volunteer Lawyers for the Arts, and my law firm colleagues at Herzfeld & Rubin. With the reopening of Broadway now in full swing, this is an ideal opportunity to further delve into the topic and address new developments.
The shutdown of theater in New York was the direct result of executive orders issued by former Gov. Andrew M. Cuomo pursuant to emergency powers granted by the New York State Legislature. On March 12, 2020, five days after declaring a State of Emergency under Executive Order 202, Gov. Cuomo forbid public gatherings of 500 or more people. Not coincidentally, Broadway theaters have 500 or more seats. When the shutdown began, 31 shows were running on Broadway and 16 shows were scheduled to open in the coming weeks. Six, a new musical, which reimagines the six wives of King Henry VIII as contemporary pop stars, was scheduled to open on the night of March 12, 2020. (It's opening night was finally held on Oct. 3, 2021.)
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