The 2nd U.S. Circuit Court of Appeals in Manhattan rejected an appeal by Tony Award-winning producer Garth Drabinsky, who claimed that the Actors’ Equity Association organized an illegal boycott preventing him from producing live Broadway shows. Drabinsky’s $50 million lawsuit alleged antitrust violations and defamation by the union, which represents over 50,000 theater actors and stage managers.
The court ruled that the union’s actions were protected by the labor exemption as they were done to protect wages and working conditions for their members. This included spreading rumors about Drabinsky, instituting a work stoppage, and putting him on a Do Not Work list. Drabinsky claimed he lacked control over wages and working conditions, but the lawsuit alleged he controlled hiring, firing, and pay during the production.
The executive director of the Actors’ Equity Association, Al Vincent Jr., expressed relief at the court’s decision, stating that Drabinsky’s lawsuit was meritless. The union’s goal is to protect actors and stage managers from employers like Drabinsky, despite any intimidation tactics.
Drabinsky’s production “Paradise Square” closed on Broadway in July 2022 after facing controversy over unsafe conditions, a racially hostile work environment, and unpaid wages. Drabinsky, who previously produced hits like “Ragtime,” served a seven-year prison sentence in Canada for fraud convictions related to misleading investors about his company’s financial situation.
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