NEW YORK (AP) — An appeals court on Tuesday rejected an appeal by a Tony Award-winning producer who claims that a union for actors and stage managers organized an illegal boycott that prevented him from producing live Broadway shows.
The 2nd U.S. Circuit Court of Appeals in Manhattan ruled that the producer, Garth Drabinsky, could not continue with his $50 million lawsuit alleging that the Actors’ Equity Association violated antitrust and various state laws, including defamation.
The union represents over 50,000 theater actors and stage managers.
Luke Hasskamp, a lawyer for Drabinsky, declined to comment.
Drabinsky, 74, whose hits include “Ragtime” and a 1994 revival of “Show Boat,” claimed in his lawsuit that the union engaged in an unlawful campaign of defamation and harassment by spreading rumors about him, instituting a one-day work stoppage and putting him on its Do Not Work list to discourage anyone from working with him.
“So long as the union’s conduct promotes legitimate labor goals, it retains the benefit of the labor exemption and remains impervious to antitrust liability,” the three-judge 2nd Circuit panel said in a decision written by Judge Raymond J. Lohier Jr.
The court said Equity engaged in the boycott “precisely to protect its members’ wages and working conditions” after cast members of the musical “Paradise Square” objected to unsafe conditions on set, a racially hostile work environment and unpaid wages. It noted that Drabinsky claimed he lacked control over wages and working conditions, although his lawsuit alleged he controlled hiring, firing and pay during the production.
Al Vincent Jr., executive director of the Actors’ Equity Association, said the union was “glad the court agreed with every single argument that we made and concluded that Drabinsky’s lawsuit was meritless.”
He said the ruling “will serve Equity and the labor movement well in the future with respect to the right to use the Do Not Work list against employers that harm our members.”
“We are happy to put this behind us,” Vincent added. “Our mission is to protect actors and stage managers from employers like Drabinsky, and no amount of intimidation will deter us.”
“Paradise Square,” which explored racial conflict between Black Americans and Irish immigrants amid the 1863 Civil War race riots in New York City, closed on Broadway in July 2022 after 23 previews and 108 performances. Drabinsky’s “Ragtime” ran for two years on Broadway.
Drabinsky, a Canadian, was sentenced in August 2009 to seven years in prison in that country for fraud convictions by a judge who said he and another producer submitted false financial statements to investors to misrepresent their company’s financial condition.
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Rephrased content:
An appeals court in Manhattan has dismissed a $50 million lawsuit brought by Garth Drabinsky, a Tony Award-winning producer, against the Actors’ Equity Association. Drabinsky claimed that the union engaged in an illegal boycott that prevented him from producing live Broadway shows. The court ruled that Drabinsky could not proceed with his lawsuit, alleging antitrust violations and defamation by the union, which represents over 50,000 theater actors and stage managers.
The lawsuit accused the union of defamation and harassment, including spreading rumors, instituting a work stoppage, and placing Drabinsky on a Do Not Work list. The court stated that the union’s actions were aimed at protecting its members’ wages and working conditions, particularly after concerns were raised by cast members of the musical “Paradise Square” regarding unsafe conditions, a racially hostile environment, and unpaid wages.
Luke Hasskamp, Drabinsky’s lawyer, declined to comment on the court’s decision. The court emphasized that as long as the union’s actions serve legitimate labor goals, they are protected from antitrust liability.
Actor’s Equity Association’s executive director, Al Vincent Jr., expressed satisfaction with the court’s ruling, stating that it validates the union’s efforts to safeguard its members. He emphasized the importance of the Do Not Work list in protecting actors and stage managers from employers who may harm them.
“Paradise Square,” a production exploring racial tensions between Black Americans and Irish immigrants during the 1863 Civil War race riots in New York City, closed on Broadway in July 2022 after 23 previews and 108 performances. Drabinsky’s “Ragtime” enjoyed a two-year Broadway run.
Drabinsky, a Canadian producer, previously served a seven-year prison sentence in 2009 in Canada for fraud convictions related to misrepresenting his company’s financial status to investors.
