Arts vs. Dems: NYC Theater Groups File Lawsuit Against Cuomo, de Blasio for Violating First and Fourteenth Amendments

It’s not often that the performing arts is upset with Democrats, but anything goes when up against a global pandemic


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It’s not often that the performing arts is upset with Democrats, but anything goes when up against a global pandemic


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It’s not often that the performing arts is upset with Democrats, but anything goes when up against a global pandemic. A coalition of small theater and comedy club owners have filed a federal lawsuit against Defendants Governor Andrew Cuomo and Mayor Bill de Blasio for their handling of the capacity limitations throughout COVID-19 restrictions.

“This civil rights lawsuit seeks to vindicate the constitutional rights of free speech and equal protection for the Plaintiff theaters and comedy clubs, which have been subject to unequal closure order for more than a year” the lawsuit states. The plaintiffs describe themselves as “small venue theaters and comedy clubs with seating capacity of 199 seats or less. Plaintiffs are all located in Manhattan.”

The suit accuses Cuomo and de Blasio of violating the First and Fourteenth Amendments through their “Executive Orders” which “continue to discriminate against Plaintiffs by singling out theaters and comedy clubs for more restrictive treatment than similarly situated venues, based on the content of speech that theaters and comedy clubs host and the identity of the speaker as a theater or comedy club.”

Is it the COVID-19 regulations relate to capacity, the lawsuit states:

Restaurants and bars with ‘live music,’ jazz supper clubs, night clubs, and event venues for weddings, christenings, and bar mitzvahs in New York City have been allowed to reopen up to 50% capacity with no numerical limit on the number of attendees…

Houses of worship are similarly allowed to reopen up to 50% capacity with no numerical limit on the number of attendees…

But small venue theaters and comedy clubs are only allowed to open at 33% capacity with numerical limits on the number of attendees.

Plaintiffs are bringing the case to “seek declaratory and injunctive relief to remedy Defendants violations of the Free Speech Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. Plaintiffs seek only to reopen on equal terms as other similar venues, without regard to the content of the speech or the identity of the speakers that they host.”

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It’s not often that the performing arts is upset with Democrats, but anything goes when up against a global pandemic


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It’s not often that the performing arts is upset with Democrats, but anything goes when up against a global pandemic. A coalition of small theater and comedy club owners have filed a federal lawsuit against Defendants Governor Andrew Cuomo and Mayor Bill de Blasio for their handling of the capacity limitations throughout COVID-19 restrictions.

“This civil rights lawsuit seeks to vindicate the constitutional rights of free speech and equal protection for the Plaintiff theaters and comedy clubs, which have been subject to unequal closure order for more than a year” the lawsuit states. The plaintiffs describe themselves as “small venue theaters and comedy clubs with seating capacity of 199 seats or less. Plaintiffs are all located in Manhattan.”

The suit accuses Cuomo and de Blasio of violating the First and Fourteenth Amendments through their “Executive Orders” which “continue to discriminate against Plaintiffs by singling out theaters and comedy clubs for more restrictive treatment than similarly situated venues, based on the content of speech that theaters and comedy clubs host and the identity of the speaker as a theater or comedy club.”

Is it the COVID-19 regulations relate to capacity, the lawsuit states:

Restaurants and bars with ‘live music,’ jazz supper clubs, night clubs, and event venues for weddings, christenings, and bar mitzvahs in New York City have been allowed to reopen up to 50% capacity with no numerical limit on the number of attendees…

Houses of worship are similarly allowed to reopen up to 50% capacity with no numerical limit on the number of attendees…

But small venue theaters and comedy clubs are only allowed to open at 33% capacity with numerical limits on the number of attendees.

Plaintiffs are bringing the case to “seek declaratory and injunctive relief to remedy Defendants violations of the Free Speech Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. Plaintiffs seek only to reopen on equal terms as other similar venues, without regard to the content of the speech or the identity of the speakers that they host.”