Entertainment
Appeals Court Dismisses Broadway Producer's Antitrust Suit Against Actors and Stage Managers Union
NEW YORK An appeals court on Tuesday rejected an appeal by a Tony Award-winning producer who claims that an actors' and stage managers' union organized an illegal boycott that prevented him from producing live Broadway shows.
The 2nd U.S. Circuit Court of Appeals in Manhattan has ruled that producer Garth Drabinsky cannot proceed with his $50 million lawsuit alleging that the Actors Equity Association violated antitrust and various state laws, including defamation.
The union represents more than 50,000 actors and theatre managers.
Luke Hasskamp, Drabinsky's attorney, declined to comment.
Drabinsky, 74, whose hits include “Ragtime” and a 1994 revival of “Show Boat,” alleged in his lawsuit that the union engaged in an illegal campaign of smear and harassment by spreading rumors about him, instituting a one-day work stoppage and putting him on its “do-not-work” list to discourage anyone from working with him.
As long as union conduct furthers legitimate labor objectives, it retains the benefit of the labor exemption and remains immune from antitrust liability, the three-judge 2nd Circuit panel said in a decision written by Judge Raymond J. Lohier Jr.
The court said Equity decided to boycott the group specifically to protect the wages and working conditions of its members after members of the cast of the musical Paradise Square objected to unsafe working conditions on the set, a racially hostile work environment and unpaid wages. The court noted that Drabinsky claimed he had no control over wages and working conditions, although his complaint alleged he controlled hiring, firing and compensation during production.
Al Vincent Jr., executive director of Actors Equity Association, said the union was pleased that the court accepted every argument we made and found Drabinsky's lawsuit without merit.
He said the decision would serve Equity and the union movement well in the future in terms of the right to use the no-work list against employers who harm our members.
“We are pleased to put this matter behind us,” Vincent added. “Our mission is to protect actors and stage managers from employers like Drabinsky, and no amount of intimidation will deter us from that.”
Paradise Square, which explored racial conflict between Black Americans and Irish immigrants amid the 1863 Civil War race riots in New York City, closed on Broadway in July 2022 after 23 previews and 108 performances. Drabinsky’s Ragtime ran for two years on Broadway.
Drabinsky, a Canadian, was sentenced in August 2009 to seven years in prison in that country for fraud by a judge who said he and another producer had submitted false financial statements to investors to misrepresent their company's financial position.
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