Industry Pro Newsletter: Broadway Lawsuit Updates, Steppenwolf Lays off Staff Members

In this edition, we explore the evolving landscape of the theater world, from the challenges theaters face in retaining subscribers to the crucial role of touring physical therapists in supporting theater professionals on the road. We also dive into recent legal dramas within the industry and discuss the changing dynamics of off-Loop theater in Chicago. On the international front, we explore fundraising efforts in the UK arts sector led by none other than Vogue Editor Anna Wintour.

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Project Manager, Broadway & Theatrical - HUDSON SCENIC STUDIO, INC.

The Project Manager represents the company to clients and vendors, and is responsible for selling, bidding, and managing projects. The Project Manager works closely with project stakeholders to achieve clients’ vision within their budget and schedule. The Project Manager monitors all project financials including revenue and margin, as well as managing subcontractors and onsite installations. Click here to learn more…

Industry Trends

The Loss of Subscribers Who Went To Everything - The New York Times

As theatres across the country have experienced a severe drop in their subscribers, the New York Times looks at how theatres are grappling with the challenge, why the subscribers have been slow to return, and what the future ticket sale model might look like. Click here to read more…

Touring Physical Therapists Join IATSE - BroadwayWorld

Touring physical therapists, who play a crucial role in supporting the health of theater performers on the road, are joining the International Alliance of Theatrical Stage Employees (IATSE). This development highlights the growing recognition of the importance of healthcare and wellness for theater professionals, especially those involved in touring productions. Click here to read more…

Broadway/New York

Industry Trends Weekly: HADESTOWN Producers Fire Back at Moore; Another PARADISE SQUARE Suit Hits by Cara Joy David

In recent years, the number of theater-related lawsuits has shot up. I’m going to give you updates on a couple of cases.

Hadestown Producers Fire Back at Kim Moore

The producers of Hadestown have moved to dismiss the complaint of former cast member Kim Moore, who filed a complaint in federal court alleging race discrimination and retaliation. When deciding on a motion to dismiss, the Court looks at the complaint most favorably to the plaintiff (Moore) and basically decides whether, as a matter of law, the complaint states a cause of action in light of the issues raised in the motion to dismiss. Because it’s decided “as a matter of law,” it’s not generally about disputing facts. So discrimination cases are harder to get thrown out on a motion to dismiss than, let’s say, lease disputes, because discrimination cases often turn on facts, whereas lease disputes often turn on contract interpretation. But there are exceptions, especially when documentary evidence negates causes of action or necessitates arbitration instead of a public court case.

Hadestown’s motion to dismiss calls Moore’s lawsuit “an unconstitutional vehicle to complain about the casting decisions made at Hadestown.” It does not deal with all of Moore’s allegations regarding emails/statements head-on—and, again, motions to dismiss are not generally the time to do that—but it does deal with her allegation that David Neumann sent emails apologizing for having the ensemble tell a “white savior” story. The motion admits that and even attaches the two emails from him for context.

The motion to dismiss has three main arguments: Moore’s claims are barred by the First Amendment; Moore has failed to state a claim; and Moore was required under the Collective Bargaining Agreement between Actors’ Equity and the Broadway League to seek arbitration. The first argument basically is that casting decisions are artistic choices and, therefore, constitutionally protected creative expression. The second argument is primarily based in legal argument that I won’t detail, but one factual thing is interesting: Moore’s complaint discussed being retaliated against because of her criticism of Neumann’s first email, which was sent November 23, 2021. However, the motion to dismiss attaches an email sent to Moore’s agent on October 8 indicating that her contract, which was expiring on December 5, would not be renewed. That email predates the Neumann email, all other comments specified in the complaint, and also November 27, the date the Complaint alleged company management “indicated to Moore that Defendants would be moving in a ‘different direction’ and would be terminating her employment in the near future.” The third argument is straightforward and the easiest way for the Court to kick the case if it agrees with the defense’s contractual interpretation: the argument is simply that the Collective Bargaining Agreement applies and necessitates this case be brought in arbitration.

Unless a settlement is reached or Moore voluntarily dismisses the case for other reasons, the next step will be for Moore’s attorneys to oppose this motion, then there will be a reply, and ultimately a decision (which is probably when I’ll next write about this).

The Garth Drabinsky Legal Drama Mounts

When a production leads to more lawsuits than you can count on one hand, it’s truly something. And this is the case with Paradise Square. We’ve all read about the unions who have sought payment from the Paradise Square producing entities (a confession of judgment of money owed to  United Scenic Artists—just one of those unions—was only recently filed), but few know that well-known theater services company PRG is also seeking its due. A summons was filed in New York state court earlier this year alleging damages in excess of $971,000 because of an alleged breach of an agreement to pay PRG lighting equipment rental costs. The complaint also alleges fraud on Ballybeg II LLC, which is a PRG-affiliated entity. The interesting thing about this particular lawsuit is that PRG head Jere Harris was also a credited Paradise Square producer. While the full complaint isn’t publicly available, I suspect therein lies the fraud.

Regional

Shannon A. Jones Named TheatreSquared Executive Director - American Theatre Magazine

Shannon A. Jones has been appointed as the Executive Director of TheatreSquared. Jones brings her expertise and leadership to further enhance the company's artistic vision and community engagement. Click here to read more…

Steppenwolf Theatre Lays Off Staff Members as Revenue Plunges - Chicago Tribune

Steppenwolf Theatre in Chicago has laid off 12% of their staff due to significant revenue declines following the COVID-19 pandemic. The article delves into the challenges faced by the renowned theatre company, including the need to adapt to a changing landscape while maintaining its commitment to producing innovative and impactful theatre. Click here to read more…

Off-Loop Theatre is Shrinking - Chicago Tribune

This opinion piece discusses the state of off-Loop theatre in Chicago and the challenges it faces in attracting and retaining audiences. The author suggests that the city's smaller, non-equity theatres need to rethink their approach to remain relevant and thrive in a competitive cultural landscape. The article highlights the importance of innovation and audience engagement for off-Loop theatre's future. Click here to read more…

International

Anna Wintour Raising Funds for UK Arts Sector - BBC News

As Arts Council England announces cuts to London based arts organizations, Vogue Editor Anna Wintour is putting together a fundraising event to bridge that new gap in funding for these organizations. Click here to read more…

Missed our last few newsletters?

August 28, 2023 - UK Theater System Faces Collapse, New Leadership at Theatre Philadelphia

In this week's newsletter, we delve into the challenges plaguing both American and UK theaters. As theater professionals often compare the two systems, we uncover striking similarities amid their struggles. From dwindling public funding and corporate sponsorship decline to artistic leaders leaving and a shrinking arts journalism landscape, both sides of the Atlantic are grappling with a crisis that transcends national boundaries. The spotlight is on the changing theater infrastructures and the critical need for sustained support to ensure the survival of these cultural bastions. Explore the latest updates on theater unionization, legal outcomes, leadership transitions, and more. Click here to read more…

August 21, 2023 - A Shift in the Chicago Theatre Scene and Saving Theatre in Seattle

In this issue, we explore the efforts being made to sustain theater scenes in various cities, the evolution of Chicago's theater landscape, and the exciting announcement of a new Broadway musical adaptation. We also take a look at strategies to keep the curtain from falling on Seattle's theater scene. Finally, we take a look at our teen critics’ reaction to BACK TO THE FUTURE. Click here to read more…

August 14, 2023 - UK Small Theatres Face Leadership Crisis and Saving the American Theater
In this issue, we uncover the varying success of Connecticut theaters, where Broadway hits thrive while mid-level shows struggle with ticket sales. We also look at multiple ideas on how to save the American theater - including a look at innovative approaches to funding in a piece by Cara Joy David. Meanwhile, the industry in the UK also faces challenges, with David Tennant criticizing West End ticket prices while leaders of smaller companies are leaving their posts in droves. Click here to read more…

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