Appeals court upholds rejection of Broadway producer's antitrust claim against actors' and stage managers' union

In a recent development, the 2nd U.S. Circuit Court of Appeals in Manhattan has dismissed an appeal by Tony Award-winning producer Garth Drabinsky, who alleged that the Actors’ Equity Association orchestrated an unlawful boycott that hindered his ability to produce live Broadway shows. The court ruled against Drabinsky's $50 million lawsuit, which accused the union of violating antitrust and defamation laws. Drabinsky, known for hits like “Ragtime” and a revival of “Show Boat,” claimed that the union engaged in defamatory actions and harassment to deter others from working with him, including spreading rumors and implementing a work stoppage. The court emphasized that the union's actions were aimed at safeguarding its members' wages and working conditions, particularly in response to concerns raised by cast members of the musical “Paradise Square” regarding unsafe working conditions, a hostile environment, and unpaid wages. Despite Drabinsky's assertions that he lacked control over wages and working conditions, the court noted his involvement in hiring, firing, and pay decisions during the production. The ruling was welcomed by Al Vincent Jr., the executive director of the Actors’ Equity Association, who stated that the decision would reinforce the union's ability to use the Do Not Work list against employers who jeopardize their members' well-being. Drabinsky's past legal troubles were also highlighted, referencing his 2009 conviction in Canada for fraud, which resulted in a seven-year prison sentence. The court's decision to reject Drabinsky's appeal signifies a victory for the union and the labor movement, underscoring their commitment to safeguarding the rights and interests of actors and stage managers. The outcome of this case sets a precedent for future disputes involving labor practices within the entertainment industry, emphasizing the importance of upholding fair working conditions and protecting the integrity of performers in Broadway productions.