Federal Judge Upholds Movie Theater Closures in 7th Largest Latino State in US
In bad news for Latino moviegoers in the state of New Jersey, a federal judge ruled in support of state Governor Philip Murphy’s forced closure of movie theaters in the state, dismissing a motion filed by the National Association of Theatre Owners (NATO) and five movie theater chains that would have legally permitted movie theaters to reopen in the state.
New Jersey is a state with a sizable Latino population of 1.7 million, the 7th largest in the United States. Latinos as a whole represent 18% of the US population and an estimated 25% of the moviegoing population.
In the ruling, the state did not infringe upon the movie theaters’ First Amendment rights to free speech in enforcing the state-mandated closure according to federal judge Brian Martinotti. This was not an open an shut case as there have been other large gatherings in the state of New Jersey including the state sanctioned reopening of churches.
The New Jersey market is part and parcel with the New York market as well. In New York State there are 3.6 million Latinos, who have also seen their access to movie theaters restricted.
In New York, Governor Andrew Cuomo has opened bowling alleys and gyms but has not extended those same privileges to movie theaters, calling movie theaters “riskier” and “less essential” than bowling alleys and gyms.
Read Judge Martinottis full opinion here.
New Jersey was one of the first states along with New York that was the hardest hit by COVID-19. Coronavirus reopening plans have varied from state to state with some including movie theaters for opening and other states not including movie theaters.
Movie theaters as a whole have proposed to meet all federal, state, and local guidelines to promote social distancing, and customer safety during the movie going process. Some measures being taken including mandatory mask wearing, enhanced sanitation procedures, hand sanitizer/hand washing stations, electronic tickets, plexiglass barriers between seats, and reduced capacity.
The first major studio release expected to hit movie theaters in the United States is Warner Bros.’ Tenet, directed by Christopher Nolan, releasing this September 3rd.
The 33-page opinion outlined the state’s emergency declaration, COVID-19 response and current phased reopening plans that consider indoor performance entertainment venues riskier than others with people gathering at one place for a prolonged period.
Theaters find that unfair. Movie chains had met with Governor with their list of safety protocols for safe reopening that they believe are more “health protective” than other indoor activities which are permitted. The judge listed them and noted Governor Murphy had lowered the public gathering limit during the recent coronavirus surge from 100 people to 50, but exempted “religious services or celebrations, political activities, wedding ceremonies, funerals, and memorial services.”
But, citing case law, noted that preliminary injunctions are “extraordinary remedies, which should be granted only in limited circumstance” and that theaters did not meet the bar.
The “Court finds Defendants’ measures—even if they are not the least restrictive means—to be narrowly tailored to the goal of preventing the spread of COVID-19,” the ruling said. “Defendants have satisfied their burden in demonstrating [the closure order] is a content-neutral regulation that passes muster under intermediate scrutiny. Accordingly, Plaintiffs have not established a reasonable probability of success on the merits for their First Amendment or New Jersey Constitution Article I, claims.”
The case has offered a close-up look at the effort by beleaguered theaters to restart business again after months of shutdowns due to COVID-19.
In July, the judge denied a temporary restraining order but had agreed to hear arguments on theaters’ request for a preliminary injunction.