A Tony Award-winning producer claimed in his appeal that an illegal boycott coordinated by a union of performers and stage managers stopped him from presenting live Broadway performances. However, the case was denied by an appeals court on Tuesday.
Producer Garth Drabinsky claimed in his $50 million complaint that the Actors’ Equity Association had broken antitrust statutes and several state crimes, including defamation. However, the 2nd U.S. Circuit Court of Appeals in Manhattan decided that Drabinsky could not proceed with his case.
More than 50,000 theater performers and stage managers are covered by the union.
Drabinsky’s attorney, Luke Hasskamp, opted not to comment.
In his lawsuit, Drabinsky, 74, whose hits include “Ragtime” and a 1994 revival of “Show Boat,” claimed that the union had engaged in an illegal campaign of harassment and defamation by posting him on its Do Not Work list, launching a one-day work stoppage, and spreading rumors about him.
Judge Raymond J. Lohier Jr.’s decision for the three-judge 2nd Circuit panel stated that “As long as the union’s actions advance justifiable labor objectives, it will continue to enjoy the protections of the labor exemption and be immune from antitrust prosecution.”
The cast members of the musical “Paradise Square” objected to unsafe working conditions on set, a hostile work environment based on race, and unpaid wages. The court ruled that Equity launched the boycott “specifically to safeguard the pay and working conditions of its members.” It stated that despite claims in his lawsuit that he had authority over recruiting, firing, and compensation during production, Drabinsky claimed he had no control over wages and working conditions.
Actors’ Equity Association executive director Al Vincent Jr. expressed the union’s satisfaction, saying, “We are pleased the court accepted all of our arguments and found that Drabinsky’s lawsuit was without merit.”
“The decision will benefit Equity and the labor movement going forward regarding the ability to use the Do Not Work list against employers who injure our members,” he declared.
“We’re glad to move past this,” Vincent continued. “No amount of intimidation will deter us from our mission, which is to protect actors and stage managers from employers like Drabinsky.”
Following 23 previews and 108 performances, “Paradise Square,” which examined racial tension between Black Americans and Irish immigrants during the 1863 Civil War race riots in New York City, concluded on Broadway in July 2022. “Ragtime” by Drabinsky lasted on Broadway for two years.
A judge in Canada sentenced Canadian Drabinsky to seven years in jail in August 2009 for fraud convictions. Drabinsky and another producer had presented fictitious financial documents to investors in order to misrepresent the financial status of their company.