Paradise (Square) Lost

The United States Court of Appeals for the Second Circuit affirmed the dismissal of an antitrust claim

Paradise Square, a Broadway musical, explores racial conflict and the calamitous 1863 Civil War race riots in New York City. The show, originally conceived a decade ago, was produced by Drabinsky, a Tony Award-winning producer whose previous hits include Ragtime and a 1994 revival of Show Boat. From the start, Drabinsky’s Paradise Square production was marred by conflict. Cast members complained bitterly about Drabinsky’s management, his repeated displays of racial insensitivity, unpaid wages, and safety concerns on the set. Equity, which represents the cast members, responded by spreading rumors about Drabinsky to its members and to the Broadway League, the trade association for theater producers. Equity also instituted a one-day work stoppage, exposing Drabinsky to even more negative attention and press. Equity ultimately placed Drabinsky on its “Do Not Work” list in order to discourage Equity’s members and members of its four “sister” unions (representing television, radio, concert, and film performers) from working with him.

Drabinsky’s litigation ended up in federal court, where the action was dismissed.

On appeal here

we conclude that the Complaint fails to allege that Equity was not acting in its legitimate self-interest when it placed Drabinsky on the “Do Not Work” list.

And

even the most charitable reading of the Complaint leads us to conclude that the producer-members of Equity constitute part of the “labor group.” We accordingly reject Drabinsky’s argument that Equity is not entitled to the labor exemption because it combined with a non-labor group.

The court also affirmed the dismissal of state law tort claims. (Mike Frisch)