Court of Appeals Dismisses Tony Award-Winning Producer’s Antitrust Suit Against Actors’ Union

An appeals court on Tuesday rejected an appeal by Tony Award-winning producer Garth Drabinsky, who claimed the actors’ and stage managers’ union organized an illegal boycott that prevented him from producing Broadway shows.

As NBC News reports, the U.S. Court of Appeals for the 2nd Circuit in Manhattan ruled that Drabinsky cannot proceed with his $50 million lawsuit alleging that the Actors’ Equity Association (AEA) violated antitrust and certain state laws, including defamation.

The AEA represents more than 50,000 stage actors and stage managers. Drabinsky, 74, whose notable productions include “Ragtime” and a 1994 revival of “Show Boat,” accused the union of waging a campaign of defamation and harassment. He claimed the AEA spread rumors about him, imposed a one-day work stoppage and put him on the Do Not Work list, discouraging anyone from working with him.

A three-judge panel led by Judge Raymond J. Lohier Jr. ruled in favor of the union, emphasizing that as long as the union’s conduct furthers legitimate employee goals, the union is protected by the employment exemption and is immune from antitrust liability. “So long as the union’s conduct furthers legitimate employee goals, the union retains the benefits of the employment exemption and remains immune from antitrust liability,” the court said.

The court found that the AEA boycott was intended to protect members’ wages and working conditions. The action followed objections from cast members of Drabinsky’s musical Paradise Square regarding unsafe working conditions, a hostile racial environment, and unpaid wages. While Drabinsky claimed he had no control over these issues, his lawsuit alleged that he had authority over hiring, firing, and wages during the production.

The ruling is a significant moment in the ongoing conflict between Drabinsky and the Actors’ Equity Association because it highlights the safeguards unions can use to protect their members’ rights and working conditions.

Source: NBC News.