Page 24 - CLT072020

S-24 ¦ JULY 20, 2020 INSURANCE LAW

¦ From THE SHOW on PAGE S-23 Following the shutdown, Equity
ticket traditionally contains a hired David Michaels, former U.S.
waiver of liability for any physi- Assistant Secretary of Labor for
cal injuries sustained due to a foul Occupational Safety and Health,
ball, a theater ticket may soon as a public health consultant. On
contain a similar waiver for any May 26, 2020, Equity released a
claims arising from the transmis- When Broadway theaters memo outlining four principles
sion of a communicable disease. are finally able to reopen, it believes theaters must address
before its members can return
By and large, industry pro- questions will linger

fessionals doubt that Broadway regarding what health to work, including control of

theaters could reopen under strict and safety measures will COVID-19, the ability to read-
social distancing requirements. be needed to adequately ily identify infected individuals,
Even under normal circumstanc- modifying theater spaces and pro-
es, Broadway is a risky financial protect both theatergoers cedures, and working closely with
investment. It is an industry max- and theater workers. others to implement these mea-

im that four out of five Broadway sures.
shows lose money. “Broadway On July 6, 2020, Equity an-
theater in general – and musi- nounced that it had approved
cal theater in particular—is not plans submitted by Barrington
likely to be economically viable Stage Company and the Berkshire
with social-distancing require- Theatre Group, both located in
ments in place that cull audiences by half or more,” the Berkshires, to present the one-man show Har-
said Jason P. Baruch of Sendroff & Baruch, LLP, a ry Clarke and the musical Godspell (which will be
prominent theater industry law firm. “With the ex- performed in an outdoor tent for only 96 audience
ception of the occasional one-person show, concert members) respectively. The actors and backstage
or small play, most Broadway shows simply will not workers involved in these productions will be
be producible until the theaters can be filled again.” frequently tested for COVID-19, and audience
On the other hand, not-for-profit theater compa- members will be required to wear masks and un-
nies may be able to experiment and present theater dergo temperature scans.
in new ways and in new spaces in compliance with Broadway shows will surely return to New York,
social distancing guidelines. Director Michael Ar- be it in early 2021 or later, but it will not be a fast
den (Once On This Island) recently worked with a or easy process. After years of record-breaking
large group of actors to create an “immersive, drive- grosses, Broadway will probably struggle to stay
through, socially-distanced theater piece,” which afloat, especially if tourists (who made up 65 per-
was presented on a private, invite-only basis at out- cent of the Broadway audience during the 2018-19
door locations throughout the Hudson River Valley. season) are scarce and locals are wary of returning
Even after Broadway theaters are allowed to re- to packed, very old, indoor theaters. Just as the
open at full capacity by the government, theater theater industry has struggled with serious legal
owners and producers may still have to wait for and economic issues throughout the shutdown,
the consent of the various unions representing upon reopening, it will confront similar challeng-
theater workers, including but not limited to Ac- es that will affect how it survives and when it will
tors’ Equity, which has forbid its members from flourish again.
returning to work (i.e. auditions, rehearsals, or ¦

performances) until individual theaters create Matthew Windman is an associate attorney at
and submit health and safety plans that meet the Herzfeld & Rubin, P.C. He also writes about the-
union’s approval. ater for the newspaper amNewYork Metro.

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