Appeals court rejects Broadway producer's antitrust claim against actors' and stage managers' union

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An appeals court has 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 Tuesday that Garth Drabinsky could not continue with his lawsuit.

FILE - Garth Drabinsky arrives at the Superior Courthouse, March 25, 2009, in Toronto. An appeals court on Tuesday, July 2, 2024, rejected an appeal by the Tony Award-winning producer who claims that a union for actors and stage managers organized an illegal boycott that ousted him from producing live Broadway shows.

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.

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.

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.”

 

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Meet the Latino Tony Award nominees who are making their marks on BroadwayRaul A. Reyes, a lawyer, is a member of the USA Today Board of Contributors. He has written for The New York Times, the Los Angeles Times, The Christian Science Monitor, Texas Monthly and the Huffington Post.
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