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INSURANCE LAW JULY 20, 2020 ¦ S-21

The Show Must Go On: Legal Issues
Affecting Broadway Amid COVID-19

By Matthew Windman

During the first week of March 2020, before theater lobbies, and actors stopped signing auto-
concerns over the spread of COVID-19 graphs and interacting with fans at stage doors.
reached fever pitch, the 30 shows that were On Wednesday, March 11, 2020, matinee and
running on Broadway at the time collectively evening performances went forward, and it
grossed $26.7 million. The lucrative spring theater seemed to be business as usual. The new musical
season had just begun, and 16 new shows were Six was set to officially open the following night,
scheduled to open before the end of April in order and Tracy Letts’ new play The Minutes would be
to be eligible for the 2020 Tony Awards. opening a few days later. Then The New York Times
At the time, COVID-19 was not being completely reported that a Broadway usher had tested positive
ignored. Both the Broadway League (the trade or- for COVID-19.
ganization representing Broadway theater owners Less than 24 hours later, an industry that during
and producers) and Actors’ Equity Association (the the 2018-19 theater season had grossed $1.8 bil-
labor union representing actors and stage managers lion, sold 14.8 million tickets, and contributed an
on Broadway and at professional theaters nation- estimated $14.8 billion to the local economy was
wide) released statements about monitoring the instantly shut down pursuant to a statewide ban on
situation. Hand sanitizer dispensers were added to
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