alt=Herb ScribnerMovie theater giants AMC, Cinemark, Regal and others are suing the state of New Jersey over “unconstitutional” COVID-19 closures, according to The Hollywood Reporter.
The theater giants alleged New Jersey Gov. Philip Murphy can’t keep movie theaters closed for much longer, citing the U.S. Constitution.
The National Association of Theatre Owners of New Jersey filed a complaint that said if people can gather in public assembly at other locations, movie theaters should be allowed, too.
“By this complaint, plaintiffs challenge defendants’ unconstitutional and unlawful distinctions in allowing certain places of public assembly to reopen, while requiring movie theaters to remain closed. COVID-19 represents a serious public health risk, and plaintiffs support fair and reasonable actions by the government to address that risk. However, the government-mandated total closure of movie theaters is neither fair nor reasonable, and is instead a violation of plaintiffs’ First Amendment rights of freedom of speech and freedom of expression, equal protection of the laws, due process under the law, and is a taking of property without just compensation.”
The lawsuit said stage 2 of the reopening plan focuses on retail stores and shopping malls but not movie theaters.
It speaks about how “New Jersey has also allowed places of worship to reopen but has made no timeline for the commencement of stage 3, or for the reopening of movie theaters,” according to The Hollywood Reporter.
The theater industry is asking for New Jersey to treat movie theaters like other similar businesses. It also wants “a declaration that Gov. Murphy’s actions constitute a deprivation of just compensation,” The Hollywood Reporter explained.
That said, Brett Denafo, owner of the Tilton Square Theatre, defied the New Jersey executive order and opened his theater in New Jersety, according to The Philadelphia Inquirer.
He said he reduced capacity to 25%. Movie times were spaced out. Sanitizing stations were added.
He told The Philadelphia Inquirer: “We did. We opened up. Honestly, what’s been so frustrating is a lot of small businesses that you talk to, how the governor has treated some people and treated other people. Why is it OK for a Walmart to be open where people are touching stuff and not sanitizing?”