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Industry Pro Newsletter: A Touring Contract Agreement, Tony Eligibility Rulings for Nonbinary Performers

Financial trouble at Major Regional Theatres Leads to Fundraising and Layoffs

By: Apr. 17, 2023
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​​In this week's newsletter, Actors' Equity Association and the Broadway League have come to an agreement on touring contracts, which include salary increases, better benefits, and increased safety protocols for touring productions. In addition, President Joe Biden has appointed a number of high-profile artists, such as Lady Gaga and Lin-Manuel Miranda, to the President's Committee on the Arts and the Humanities. Furthermore, a recent ruling on Tony eligibility has raised questions about Tony nominators and nonbinary performers. Finally, we learn that the New York City Council has passed a ticket transparency law, which requires that primary ticket sellers disclose to customers any resale restrictions on tickets and provide detailed information about fees and taxes, a move opposed by the Broadway League.

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Industry Trends

AEA and The Broadway League Avert a Strike

Actors' Equity Association and the Broadway League have come to an agreement on touring contracts after a "Unite the Road" campaign to increase wages and improve working conditions. The new agreements include salary increases, better benefits, and increased safety protocols for touring productions. Click here to read more...

President Biden Appoints Members of Re-Established President's Committee on the Arts and the Humanities

President Joe Biden has appointed a number of high-profile artists to the President's Committee on the Arts and the Humanities, including Lady Gaga, Kerry Washington, and Lin-Manuel Miranda. The committee, which was created in 1982, advises the President and promotes the arts in the US. In addition to the new appointees, the committee includes a number of artists, arts leaders, and philanthropists from various fields. The appointments have been praised by arts organizations and individuals in the arts community as a positive step towards greater recognition and support for the arts in the US. Click here to read more...

Broadway/New York

Questions About Tony Nominators and Nonbinary Performers Raised in Latest Admin Rulings by Cara Joy David

When last week's Tony eligibility decisions were announced, there was nothing terribly surprising in the announcements themselves. But there were some interesting tidbits not announced.

First, at the end of 2022, well-liked actress Liza Colón-Zayas left BETWEEN RIVERSIDE AND CRAZY early because of an unexpected scheduling conflict. This led to some Tony nominators missing her acclaimed performance, according to a source. The Tony Award rules read: "A Nominator must recuse himself/herself from the Nominating Committee for any year during their three-year term in the event that any of the following situations apply to him or her... Inability to view a performance of all Tony Award eligible Actors and/or Elements in a season[.]" In other words, under this rule, nominators must recuse themselves entirely if they are unable to see an eligible performance. If voters miss a show or performance, they can simply abstain from voting in the specific relevant category; this rule is more extreme.

But is she even Tony eligible? To be eligible you don't just need to open in a show, you need to be in it for at least eight performances in which Tony voters are invited. Tony voters are not necessarily invited in the busy holiday month of December--though limited runs at non-profits tend to invite early.

I emailed a Tony Awards spokesperson to confirm Colón-Zayas was eligible and, if so, if the nominators who did not see her performance had indeed recused themselves. (Seven nominators have recused themselves this year, but several of those recusals were because of stated conflicts with other eligible productions.) While BETWEEN RIVERSIDE AND CRAZY was generally dealt with at this last meeting, according to Tony Award Productions: "The eligibility confirmation on this issue will be determined at the April 28th meeting of the Administration Committee." Stay tuned.

Second, BroadwayWorld has confirmed that DANCIN' standout Kolton Krouse, who is nonbinary, will compete in the Featured Actor in a Musical category. Additionally, although SHUCKED was not dealt with this eligibility meeting, BroadwayWorld has confirmed that Alex Newell, who identifies as gender nonconforming and plays a woman in SHUCKED, has also requested to be considered in that category. "After consultation with Alex, the production submitted them for Featured Actor," a production spokesperson said. This comes after nonbinary & JULIET actor Justin David Sullivan withdrew from Tony consideration because the categories are gender divided. (As reported in February, SOME LIKE IT HOT's J. Harrison Ghee, another nonbinary performer, decided to go for Best Actor in a Musical.)

Third, BETWEEN RIVERSIDE AND CRAZY is being considered as a new play. At the beginning of the season, there were a host of announced shows that could have been deemed revivals because they are arguably in the "popular repertoire," but were never on Broadway. OHIO STATE MURDERS, the oldest but likely least-produced of the plays, was deemed revival. THE KITE RUNNER, COST OF LIVING and, now, BETWEEN RIVERSIDE AND CRAZY (which is the best-known of the entries) have all been ruled new plays. While THE THANKSGIVING PLAY will not be ruled on until the last meeting, it surely will be new.

City Council Passes Ticket Transparency Laws, Broadway League Opposes

The New York City Council has passed a ticket transparency law aimed at increasing transparency and fairness in the ticketing industry. The legislation requires that primary ticket sellers disclose to customers any resale restrictions on tickets and provide detailed information about fees and taxes. The Broadway League opposed the bill, arguing that it would hurt the industry by increasing costs and reducing flexibility. However, supporters of the bill argue that it will help protect consumers from unscrupulous ticket resellers and promote a more equitable ticketing process. Click here to read more...

Drabinsky Lawsuit Dismissed

A New York judge has dismissed a lawsuit filed by Broadway producer Garth Drabinsky, who sued Actors' Equity Association for putting him on the "do not work" list. The judge ruled that Actors' Equity acted within its rights to bar Drabinsky from working on Equity productions. Click here to read more...

Ariana DeBose to Return as Tony's Host

Tony-nominated actress and singer Ariana DeBose will host the 76th Annual Tony Awards ceremony on June 11, 2023. DeBose is known for her roles in "Hamilton," "Summer: The Donna Summer Musical," and "West Side Story." The ceremony will be held at the United Palace in Washington Heights and broadcast live on CBS. Click here to read more...

Regional

Industry Pro Newsletter: A Touring Contract Agreement, Tony Eligibility Rulings for Nonbinary Performers  Image

Snehal Desai to Lead Center Theatre Group

Center Theatre Group has announced Snehal Desai as its new artistic director, effective July 1, 2023. He was most recently the Producing Artistic Director of East West Players, a prominent Asian American theatre organization. Desai's appointment comes after the departure of the previous artistic director, Michael Ritchie, who held the position for 17 years. Desai said he is "thrilled to lead Center Theatre Group into its next chapter." Click here to read more...

Oregon Shakespeare Needs $2.5 Million to Save Season

The Oregon Shakespeare Festival has announced that it needs $2.5 million to save its 2023 season, which has been threatened by financial struggles caused by the pandemic. The organization has already raised $1.75 million and is calling for further donations to ensure that the season can proceed. The festival's director emphasized the importance of the arts and their role in helping communities heal and recover from difficult times. The festival has implemented safety measures, including requiring proof of vaccination and masks for all attendees, to ensure that it can proceed safely. Click here to read more...

Triad Stage Cancels Upcoming Productions

Triad Stage, a regional theater in North Carolina, has canceled its production of The Cake due to financial concerns. The theater has faced significant financial difficulties since the pandemic began and is seeking donations and support to continue its operations. Click here to read more...

Dallas Theater Center Announces Layoffs

The Dallas Theater Center has announced that it is laying off a significant portion of its staff due to slumping attendance numbers. The company, which is one of the largest in the state of Texas, has seen a decline in ticket sales over the past few years. The layoffs are part of a larger effort to cut costs and keep the theater center operating. Despite the layoffs, DTC plans to continue producing shows and engaging with the community through outreach programs. Click here to read more...

Desiree Clark Named Executive Artistic Director at Moxie Theatre

Desiree Clarke has been appointed as the new Executive Artistic Director of Moxie Theatre, a San Diego-based theatre company that focuses on creating opportunities for women in theatre. Clarke, who has over 20 years of experience in theatre, has previously worked with Moxie Theatre as a guest director and said she was thrilled to be taking on this new role. Click here to read more...

International

The Ugly New Side of Theatre Audiences

An article in The Guardian discusses the rise of unruly behavior among theater audiences, including instances of fights, urination, and sexual harassment. The article explores possible reasons for this behavior, including frustration with the pandemic and a general lack of civility in society. Click here to read more...

Missed our last few newsletters?

April 10, 2023 - Shucked's Journey to Broadway, A Complete Awards Season Calendar

Actors' Equity Association has threatened to strike over touring contracts. The union opposes proposed changes to contracts by the Broadway League that would reduce pay for actors and stage managers on national tours. SHUCKED, a musical that debuted in Utah, has raised questions about the use of non-profit venues for regional tryouts, which allow producers to develop shows with less media attention and at lower costs. The Tank, a non-profit arts organization in New York City, has launched a new producers cohort program to provide mentorship to producers from underrepresented communities. Harold Steward has been named the new Executive Director of the New England Foundation for the Arts, while Kimberly E. Douglas has been named the new Managing Director of Woolly Mammoth Theatre Company. Click here to read more...

April 3, 2023 - AEA Forms a PAC, Visa Fees for Artists on the Rise, Winners of the Oliviers

AEA has created a Political Action Committee that will help advance the interests of its members through political advocacy, lobbying, and electoral support. Meanwhile, the Biden administration is considering increasing visa fees for International Artists and entertainers traveling to the US. The Susan Smith Blackburn Prize, which recognizes outstanding plays written by women, has been won by playwright Sarah Mantell for their play "In the Amazon Warehouse Parking Lot". Finally, the Lucille Lortel Theatre, a well-known rental venue in New York City, is expanding its footprint and has purchased a new building in Chelsea to develop new works, with playwright Caridad Svich as Artistic Director of New Play Development and Michael Heitzman as Artistic Director of New Musical Development. Click here to read more...

March 27, 2023 - Six Recoups, Government Funding Shifts in Australia and Canada

Governmental funding shifts continue around the globe as governments reveal their latest budget proposals - often with some form of a decrease of support for the creative economy as these countries wind down the support they offered at the height of the pandemic. In Australia, that is threatening the future of Arts Center Melbourne, in Canada it is taking the form of a reduction in one-time grants for organizations. Click here to read more...

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