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A group of cinemas and cinema chains recently filed a new class action lawsuit against New Jersey officials, arguing that the coronavirus restrictions which resulted in months-long movie theater shutdowns are unfair.
The National Association of Theater Owners, American Multi-Cinema Inc. (AMC), Cinemark USA, and Regal Cinemas, as well as some independent theaters say that the state of New Jersey has unlawfully closed their venues but reopened others as restrictions related to the coronavirus pandemic have been lifted.
The plaintiffs say that their businesses have languished while other public spaces have been allowed to reopen, unfairly affecting them and violating their constitutional rights.
“COVID-19 represents a serious public health risk, and Plaintiffs support fair and reasonable actions by the government to address that risk,” states the movie theater class action lawsuit.
“However, the government-mandated total closure of movie theatres is neither fair nor reasonable, and is instead a violation of Plaintiffs’ First Amendment rights of freedom of speech and freedom of expression, Equal Protection of the laws, Due Process under the law, and is a Taking of property without just compensation.”
According to legal news, COVID-19 related restrictions required movie theaters and other businesses to close starting March 16, 2020 in order to stop the spread of the virus. Governor Philip Murphy introduced a plan to start rolling back these requirements on April 27, 2020 called “The Road Back: Restoring Economic Health Through Public Health,” and another plan on May 18, 2020. Allegedly, the plans progress from less to more risky activities.
The plaintiffs say that, per these plans, they will not be able to open until “Stage 3,” described as “limited entertainment.” In fact, NBC News reports that Gov. Murphy’s office website indicates that Stage 3 “may” include entertainment.
Currently, states the complaint, New Jersey is in Stage 2, allowing the opening of retail stores and indoor shopping centers. Additionally, religious gatherings of up to 100 people have also been permitted since June 22, along with museums and other entertainment establishments.
NBC News also reports that Gov. Murphy has said that the state will use a “multistage approach uses science, data and facts to determine which businesses and activities can reopen according to their risk level and challenges they face to safeguard public health.”
However, the plaintiffs challenge this plan and the allegedly irrational distinctions between businesses.
“There is no rational basis for Defendants’ distinction between, for example, places of worship and movie theatres for purposes of reopening, yet Defendants have allowed places of worship to reopen while movie theatres must remain closed, with no scheduled date for reopening,” contend the plaintiffs in their complaint.
The movie theater shutdowns class action lawsuit says that the reopenings in New Jersey are “arbitrary and irrational” in excluding cinemas.
“Plaintiffs bring this action to ensure that movie theatre are treated equally with other similarly situated places of public assembly, and in order to exercise their First Amendment rights to exhibit films of significant artistic, cultural, political and popular merit,” states the coronavirus class action lawsuit.
The plaintiffs point to an executive order from the Governor reasoning that, since outdoor and virtual entertainment options are available, indoor theaters should remain shuttered.
They contend that this distinction is arbitrary because venues that have been allowed to open could conduct similar activities virtually or outside.
Prayers, say the class action lawsuit, could be held outside or virtually, along with services offered by shopping malls and libraries.
Indeed, in recent legal news, Forbes reported that most states have allowed movie theaters to open with limited capacity. NBC News reports that one of the plaintiffs, AMC, is hoping to open hundreds of theaters in late July and August, coinciding with the release of two major movies that were delayed due to coronavirus closures.
The movie theater shutdowns class action lawsuit argues that theaters can operate in a safe manner, pointing to training staff in social distancing measures, requiring customers to wear masks, posting warning signs, and limiting seating.
The plaintiffs seek to represent other theaters who they say have been disparately affected by New Jersey’s coronavirus restrictions. The class action lawsuit is seeking a court order enjoining the restrictions along with compensation for the economic losses suffered by theaters during the restrictions.
The COVID-19 pandemic has given rise to a number of legal issues. Top Class Actions is keeping consumers informed of legal news developments with a complete guide to coronavirus legal issues.
Do you think movie theater shutdowns are unfair? Share your thoughts in the comment section below.
The lead plaintiffs and proposed Class Members are represented by Geoffrey S. Brounell, Robert Corn-Revere, Janet Grumer, Martin L. Fineman and John D. Freed of Davis Wright Tremaine LLP.
The Movie Theater Shutdowns Class Action Lawsuit is National Association of Theatre Owners, et al. v. Philip D. Murphy, et al., Case No. 3:20-cv-08298, in the U.S. District Court for the District of New Jersey.
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38 thoughts onMovie Theater Shutdowns Challenged in Class Action Lawsuit
the safety concerns that the theater owners will put in place are probably better than any of the big box stores use. don’t say add me just say LET THEM OPEN !!!!!
Add me
What’s steaming me that I also have AMC gift cards that need to be used and I’m wondering if I’ll be able to extend the date of use before I lose them.
I’m willing to wear a mask and put on sanitizer
We are weekly visitors at our neighborhood AMC and frankly don’t understand why the movie theater has been closed for so long. We went during the first week when they were practicing fair and reasonable social distancing and other Covid practices and we didn’t notice any difference or concerns that were different than going to the grocery store.