It was an interesting move from 6 of the nation’s biggest movie theater chains: argue in court that if Coronavirus lockdown exempted churches, it ought to exempt cinemas too on the basis of free-speech protections. This filing, which was perhaps one of the strongest cases they could have made in their favor, has now been rejected by a New Jersey judge.
Led by the National Association of Theater Owners and joined by big companies like AMC and Regal, a lawsuit was filed against the state for taking property with just compensation and violation of free speech, arguing that it was unfair to force theaters to close their doors while churches were allowed to remain open. Presiding judge Brian Martinotti disagreed, however, after hearing the arguments, writing that theaters pose a unique risk regarding the difficulty of enforcing mask usage in a dark, enclosed space.
Lockdown for theaters across the country began in March of this year, and the toll it has taken on the industry is undeniable, with revenues down to historic lows. It is understandable why some companies, particularly ones in financial difficulty, are desperate to re-open any way they can. Some companies are already beginning the slow process of opening up a few theaters at a time in areas that have been less affected by the virus, but most remain closed for the foreseeable future. New Jersey in particular is still seeing worrying transmission of the virus, and is navigating the difficult question of what can be opened safely and practically. Even if buildings like churches and schools are allowed to re-open, less essential gathering places may be subject to extra scrutiny.
The judge, in his decision, wrote that theaters both pose unique health risks and have alternate methods of income available to them, both in the form of outdoor theaters and at-home streaming. Theater companies argued that the state, particularly governor Philip Murphy and acting commissioner of health Judith Persichilli, had not taken into account a new set of safety policies that would allow them to re-open safely. These new policies were evidently not enough to sway the judge, and for now theaters will remain closed under the lockdown orders.
Source: The Wrap
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