Broadway To Vegas

Copyright: September 6, 2020
By: Laura Deni
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1999 ROUNDABOUT LAWSUIT COULD PLAY IMPORTANT ROLE IN JUJAMCYN LAWSUIT AGAINST INSURERS

Covid-19 has or will result in a myriad of lawsuits as those in the entertainment business attempt to recover losses due to no performances caused by the shutdown.

The latest headline maker is a lawsuit filed last week by Jujamcyn Theaters whose president is Jordan Roth. The company owns and operates the St. James Theatre, (acquired in 1957) - Al Hirschfeld Theatre, (acquired in 1966) - August Wilson Theatre (acquired in 1981) - Eugene O'Neill Theatre, (acquired in 1982) and the Walter Kerr Theatre (acquired in 1981), While those five theaters are numerically a small number of the 41 Broadway district playhouses, Jujamcyn has created a much-envied business model that has, at times, accounted for as much as one-third of the gross revenues on Broadway.

Jujamcyn's lawsuit is against Federal Insurance Company and Pacific Indemnity Company whose parent company is Chubb.

According to the filing, executives at Jujamcyn Theaters were gobsmacked after being informed that its insurance companies would not cover the majority of its losses during the COVID-19 pandemic. “Instead of honoring their promises, Federal [Insurance Company] flatly denied coverage, refusing to pay even a penny to help Jujamcyn, and Pacific [Indemnity Company] adopted an interpretation severely limiting how much it would pay Jujamcyn,” complained lawyers for the theater owner, which is now seeking damages in New York federal court.

Jumping into the spotlight and stealing the scene is an on point case:

ROUNDABOUT THEATRE COMPANY, INC., et al., Plaintiffs-Respondents, v. CONTINENTAL CASUALTY COMPANY, Defendant-Appellant, J & H Marsh & McLennan, Inc., Defendant. Decided: November 26, 2002 MILTON L. WILLIAMS, P.J., EUGENE NARDELLI, ANGELA M. MAZZARELLI, GEORGE D. MARLOW, and LUIS A. GONZALEZ, JJ. Robert M. Sullivan and William M. Fennell, of counsel (Nicoletti, Hornig, Campise & Sweeney, attorneys) for plaintiffs-respondents. Eric A. Portuguese, of counsel (John Sandercock, on the brief, Lester Schwab Katz & Dwyer, LLP, attorneys) for defendant-appellant.

What makes the original 1999 Roundabout lawsuit important is its direct applicability or dispositive of the matter under consideration. A statute or case is "on point" if it has direct application to the facts of a case currently before a tribunal for determination. Or the phrase "all fours" is which is a reference to a lawsuit in which all the legal issues are identical (or so close as to make no difference) to another case, particularly an appeals decision which is a precedent in deciding the suit before the court. According to court papers:cc

In February 1998, Roundabout, a non-profit theatre company, began staging a production of the musical Cabaret at the Kit Kat Club (the theatre), located at 124 West 43rd Street. On the morning of July 21, 1998, a portion of a 48-story exterior elevator being used in the construction of the Conde Nast building, located 65 feet west on the south side of 43rd Street, collapsed into the street and adjacent buildings.

As the Conde Nast building and the theatre were separated by one building, the theatre sustained only minor damage to its roof and air conditioning system, which was repaired within one day. However, because of the substantial damage to the area and the danger from the partially collapsed scaffold, the City's Office of Emergency Management closed 43rd Street between Broadway and 6th Avenue until August 18, 1998.

Natasha Richardson and Alan Cumming at 1998 Tony Awards with their awards for Cabaret.

As a result, the theatre became inaccessible to the public and Roundabout was forced to cancel 35 performances of Cabaret, which featured Alan Cumming, Natasha Richardson, John Benjamin Hickey, Mary Louise Wilson, Ron Rifkin, Denis O'Hara and Michele Pawk.

Roundabout sustained substantial monetary losses in the form of ticket and production-related sales as well as additional expenses incurred in re-opening the production.

At the time of the accident, defendant Continental insured Roundabout under a “Theatrical Package Policy,” which included, inter alia, business interruption coverage. The “Insuring Agreement” provided: The company agrees to pay to the insured such loss as the Insured shall necessarily incur in the event of interruption, postponement or cancellation of an insured Production as a direct and sole result of loss of, damage to or destruction of property or facilities (including the theatre building occupied by the Insured, and [certain equipment]), contracted by the insured for use in connection with such Production, caused by the perils insured against, and occurring during the term of coverage.

The “Perils Insured” clause of the policy provided: “This coverage insures against “all risks of direct physical loss or damage to the property described in Paragraph 1 [i.e., the theatre building or facilities], except as hereinafter excluded.

The policy further included a “War Risk and Governmental Authority and Civil Commotion Exclusion” which provided: ?“The company shall not be liable for any loss caused directly or indirectly by · Civil Commotion assuming the proportions of or amounting to a popular rising, riot, martial law of (sic) the acts of any lawfully constituted authority.”

On August 20, 1998, Roundabout, through its insurance broker J & H Marsh & McLennan (J & H Marsh),1 provided notice of its loss to Continental. On August 31, 1998, Continental disclaimed coverage on the ground that the policy provided coverage only where there had been “physical damage to the property or facilities contracted by the Insured,” and because the loss was not covered due to the civil commotion exclusion.

The case reached the New York State Supreme Court which ruled against Roundabout.

"This appeal requires us to determine whether the business interruption clause of an insurance policy issued to plaintiff theatre company covers losses occasioned by an order of the City of New York closing the street and denying access to the insured's theatre due to a construction accident in the area, notwithstanding the absence of any physical damage to the theatre premises. Because the language of the business interruption clause in the policy clearly and unambiguously provides coverage only where there is direct physical loss or damage to the insured's property, we reverse the IAS court's determination and grant summary judgment to defendant insurer declaring that plaintiffs' losses are not covered by the subject policy.

"Accordingly, the order of the Supreme Court, New York County (Helen Freedman, J.), (Decided: November 26, 2002) Entered January 16, 2002, which denied defendant-appellant Continental Casualty Company's motion for summary judgment seeking dismissal of the complaint and a declaration that Continental is not required to insure plaintiff-respondent Roundabout Theatre Company for its business interruption losses, and granted plaintiffs-respondents' cross motion for summary judgment on the issue of coverage only, should be reversed, on the law, with costs, defendant-appellant's motion for summary judgment dismissing the complaint and for a declaration that Roundabout's loss is not covered by the Continental policy granted. The Clerk is directed to enter judgment accordingly.

"Order, Supreme Court, New York County (Helen Freedman, J.), entered January 16, 2002, reversed, on the law, with costs, defendant-appellant's motion for summary judgment dismissing the complaint and for a declaration that plaintiff Roundabout's loss is not covered by the defendant Continental's policy granted.

FOOTNOTES

1. The subject policy was initially procured for Roundabout by The DeWitt Stern Group (DeWitt), Roundabout's former broker. Roundabout dropped DeWitt and switched to J & H Marsh in April 1998, three months before the collapse at the Conde Nast building.

2. The Chubb policy covered business interruption losses “which you incur due to the actual interruption of your operations · when a civil authority prohibits access to your covered property because of direct physical loss or damage caused by a covered cause of loss to property not otherwise excluded in the vicinity of your covered property."

That ruling established a precedent which was cited in Social Life Magazine v. Sentinel Insurance Company Limited, Index No. 20 Civ. 3311 (VEC) (S.D.N.Y. May 14, 2020).

The New York Law Journal of June 15, 2020 printed an article regarding a plethora of insurance claims seeking coverage for lost income incurred as a result of the COVID-19 pandemic. According to news reports, insurance companies are for the most part denying these claims for business interruption loss. In some instances, insurance companies are relying on virus or pandemic exclusions to support disclaimers.

Becoming the pivot point in the vast majority of these cases is whether or not the insured can demonstrate that the business interruption loss resulted from physical loss or damage to property.

On May 14, 2020, the United States District Court for the Southern District of New York became one of the first courts to weigh in on this COVID-19 issue, in the context of an insured’s request for a preliminary injunction, and sided with the insurer. Social Life Magazine v. Sentinel Insurance Company Limited, Index No. 20 Civ. 3311 (VEC) (S.D.N.Y. May 14, 2020).

According to court documents, the Social Life Magazine (SLM) is a monthly magazine published in the spring, summer and fall and distributed at retail businesses on the East End of Long Island. On March 17, 2020, SLM suspended business operations at its New York City office due to the COVID-19 pandemic. At around the same time, SLM filed an insurance claim under a Business Owner’s Policy issued by Sentinel Insurance Company seeking coverage for a loss of business income. Sentinel denied the claim on the grounds that the loss was not caused by property damage at SLM’s place of business or in the immediate area.

The Sentinel policy provided coverage for loss of business income due to the necessary suspension of operations, but - as do most policies - specifically required that “suspension must be caused by direct physical loss of or physical damage to property” at the insured’s premises. The policy also provided coverage due to loss of business income sustained when access to the insured’s premises was “specifically prohibited by order of a civil authority as the direct result of a Covered Cause of Loss to property in the immediate area of” the insured premises.

The Southern District Hearing On May 14, 2020, counsel for SLM and Sentinel appeared for a telephone hearing before the Honorable Valerie E. Caproni for oral argument on the request for a preliminary injunction. At the hearing, according to the transcript, Judge Caproni immediately brought up Roundabout Theatre and challenged SLM’s counsel to distinguish it. SLM’s counsel argued that SLM had suffered on-site property damage due to the presence of the coronavirus, whereas in Roundabout Theatre the sole damage was off-site at the Conde Nast construction site. Judge Caproni rejected this argument, finding that the potential presence of the coronavirus on the SLM property, even if proven, would not satisfy the property damage requirement.

“I feel bad for every small business that is having difficulties during this period of time,” the judge said. “But, New York law is clear that this kind of business interruption needs some damage to the property,” she stated.

Currently on stage are the lawyers for Jujamcyn.

On March 12, when Gov. Cuomo ordered an end to all gatherings of more than 500 people - effectively shuttering all 41 Broadway theaters - Jujamcyn was forced to cancel the hit musical Hadestown at the Walter Kerr Theater, as well as four other profitable shows, including The Book of Mormon and Frozen.

Patti Murin as Anna and John Riddle as Hans in Frozen.

The theater company submitted its business income loss claim to Federal Insurance, which was denied. The insurer responded that there was no “direct physical loss or damage,” which is needed to trigger payments. Jujamcyn argues that the coronavirus pandemic does cause physical loss or damage, explaining that the virus can adhere to surfaces for days and linger in the air inside buildings for hours.

In a July letter to the insurer’s parent company, Chubb, Jujamcyn’s lawyer requested that the insurer withdraw its denial, penning that its theaters might not generate box office revenue for the rest of the year and that its business income losses may exceed $29 million.

Prior to the pandemic Jujamcyn theaters averaged 48,000 customers every week.

“Chubb has seized upon excuses to abandon its insured in its time of need,” the lawyer, Jeffrey L. Schulman, wrote.

Chubb, which is also the parent company of Pacific Indemnity, is the world's largest publicly traded P&C insurance company and the company provides health insurance, reinsurance and life insurance to a diverse group of clients. It is is a common insurer of arts organizations.

Weeks into the pandemic, the company’s chief executive, Evan Greenberg, caused a firestorm among clients when he declared in an earnings call that business interruption insurance “doesn’t cover Covid-19” and that “the industry will fight this tooth and nail.”

According to Chubb it is "the world's largest publicly traded property and casualty insurance company, serving consumers and companies of all sizes with traditional and specialty insurance products and industry-leading claims and risk engineering services."

According to the California Insurance Commission, Pacific Indemnity Company is authorized to transact business within these lines of insurance:

Aircraft, Automobile, Boiler and Machinery, Burglary, Common Carrier Liabilit, Credit, Diaability, Fire, Liability, Marine, Miscellaneous, Plate Glass, Sprinklers, Surety, Team and Vehicles and Worker's compensation.

“Creating false expectations about coverage that does not exist, including filing baseless lawsuits, will not solve this crisis,” Chubb wrote.

Jujamcyn said in its lawsuit that it should also be granted insurance payments based on the fact that state and local government had shut its theaters down. The state’s phased reopening does not yet include indoor theaters.

According to the lawsuit, which accuses both Federal Insurance and Pacific Indemnity of a breach of contract, part of the reason that Jujamcyn’s business income insurance claim was denied was because the governmental orders did not prohibit access to the theaters, meaning theater employees were not barred from entering and checking on the buildings. Schulman labeled that a “ludicrous position.”

Its policy with Pacific Indemnity Company covers losses that the business suffers from the cancellation, interruption, or postponement of any performance that is “caused by or results from a covered occurrence.” The term “covered occurrence” refers to anything beyond Jujamcyn’s control, and the insurance policy limits the payout for each covered occurrence to $250,000.

The second part of the lawsuit argues that Pacific Indemnity was wrong in its decision to only grant the theater company one payment of $250,000 for its five theaters. The insurance company said that the pandemic qualified as a single “occurrence,” requiring only one performance disruption payout. Jujamcyn countered that the insurer was suffering from a “serious case of seller’s remorse” and actually owed it more than $1 million.

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This is not your typical, totally boring textbook.

In the pages of How To Earn A Living As A Freelance Writer (the first to be lied to and the last to be paid) you'll find sex, celebrities, violence, threats, unethical editors, scummy managers and lawyers, treacherous press agents, sex discrimination; as well as a how-to for earning money by writing down words.

ART AND ABOUT

MONET IN CHICAGO, A LOVE STORY the Impressionist painter's success in Chicago is the subject of an exhibition which opened September 5 at the Art Institute in Chicago, which now boasts the largest collection of Monets outside of France.

Claude Monet never set foot in Chicago — or in the United States for that matter. However, he enjoyed tremendous success there from the 1890s onwards thanks to his dealer Paul Durand-Ruel, the man who put Impressionism on the map, and a number of influential local collectors. This “collective passion” for the French painter is the subject of this exhibit at The Art Institute of Chicago, which hosted Monet’s first solo exhibition in a museum in the United States in 1895.

As Gloria Groom, the museum’s curator of European painting and sculpture, puts it, “Monet is in our DNA.”

The venue received several of the earliy works as gifts and only purchased two of their 33 Monets: one Stacks of Wheat (they have six of the approximately 25 that make up the series) and Irises. The latter was left in the artist’s studio after his death and the Institute acquired it in 1956. For this exhibition, 14 private collectors from the Chicago area lent 35 works. Some of them are from the old families, while most are from local collectors who have acquired works by Monet over the last few years.

On display through January 18, 2021 at The Art Institute of Chicago.

WORKS & PROCESS the performing arts series at the Guggenheim, is proud to announce new initiatives and partnerships that collectively support performing artists and their creative process. Works & Process will produce seven bubble residencies taking place in summer and fall 2020 in the Hudson Valley that will serve as the generative force for artists to safely gather, create, and perform together again.

Select Works & Process bubble residencies will culminate in live, in-process outdoor performances as part of the sold-out Kaatsbaan Summer Festival, in Tivoli, NY, September 20 and 26. Select Works & Process creative bubble residency projects will go directly to Lincoln Center for the Performing Arts to be performed and filmed outdoors for digital presentation, prior to artists exiting the bubbles. A four-part docudrama capturing this journey will premiere on All Arts in January 2021, ahead of planned live performances at the Guggenheim.

Artists Include Ephrat Asherie Dance, Joshua Bergasse, Justin Vivian Bond, Chris Celiz, Adrian Danchig-Waring, Joseph Gordon, Jeffrey Guimond, Marc Happel, Sara Mearns, Gregory Richardson, Jamar Roberts, Anthony Vito Rodriguez "Invertebrate," Leonardo Sandoval, Kristin Sztyk, Virginia Wagner, and Omari Wiles.

DIEGO & FRIDA: A VISUAL HISTORY opened September 5 at The Dalí Museum in St. Petersburg, Florida.

Rare photos illuminate the fiery and unconventional relationship between two of Mexico’s most famous artists.

Visitors will delve into the lives of one of the most fascinating – and tumultuous – couples in the history of art. Mexican artists Diego Rivera (1886-1957) and Frida Kahlo (1907-1954) were married, divorced and remarried, and their relationship was fraught with both conflict and deep affection.

More than 60 reproductions of rare historical photographs offer a personal look into the vibrant world of Rivera and Kahlo’s rich and harrowing 25-year relationship. The images, captured by their friends and family including Manuel Álvarez Bravo, Nickolas Muray, Edward Weston, Guillermo Kahlo and others, showcase their upbringing, family histories, professional careers and more, culminating with the last known photograph of the couple.

“It is fascinating to see the lives of artists like Diego Rivera and Frida Kahlo through the discerning eyes of their close family and friends,” said Curator of Education and exhibition curator Peter Tush. “This visual documentary serves as an extension of the publicly acclaimed Frida Kahlo at The Dalí exhibit in 2017. We see the couple’s rich journey together as they became icons of the difficult changes in 20th century culture.”

This exhibit is on loan from The Consulate of Mexico in Orlando and is made possible by the Museo Casa Estudio Diego Rivera y Frida Kahlo.

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SWEET CHARITY

RED BULL THEATER will kick off its fall offerings on September 14th with the Reunion Benefit Reading of The Revenger’s Tragedy freely adapted by Jesse Berger. From the Original by Thomas Middleton, Cyril Tourneur, or Anonymous.

Featuring members of the cast of the 2005 Off-Broadway Production: Jason C. Brown, Denis Butkus, Saudia Davis, Ryan Farley, Claire Lautier, Paul Niebanck, Petronia Paley, Naomi Peters, Matthew Rauch, Russell Salmon, Marc Vietor, and Yaegel Welch.

Cecil Baldwin, Geraint Wyn Davies, Ryan Garbayo, Anthony Michael Martinez, Howard Overshown, and Chauncy Thomas will complete the cast. The online reading will feature the company each zooming in from wherever they are practicing social distancing, directed by Berger.

This event is designed to continue to serve Red Bull Theater’s mission to revitalize the classics for today’s audience during the uncertain time brought on by the coronavirus pandemic. This event will premiere live. A recording of the livestream will be available until 7:00 PM on Friday, September 18th – then it disappears - forever. The event’s livestream will be available at Red Bull Theater's website (RedBullTheater.com) and at YouTube.com/RedBullTheater.

This online Benefit performance will feature original music composed by Daniel Levy, visual and costume design by Tony Award winner Clint Ramos & Rodrigo Muñoz, fight direction by J. David Brimmer, and choreography by Tracy Bersley.

"The Revenger’s Tragedy, a Jacobean thriller written a few years after Hamlet, is a searing examination of the need for justice and the desire for vengeance. Vindice, the Revenger, sets off a chain reaction of havoc in a corrupt and decadent Venice which exposes outrageous indulgences and government hypocrisy and ends in a coup de théater massacre of epic proportions. Part black comedy, part social satire, the play is a gleefully macabre plot-twisting blender full of Shakespeare’s greatest hits.

STEINWAY & SONS is proud to announce the conclusion of a special auction to support the MusiCares COVID-19 Relief. On August 15, a generous bidder won the online auction of a beautiful Steinway-designed Boston 126E upright piano—finished in brilliant turquoise and signed by 15-time GRAMMY® Award-winning singer and songwriter Alicia Keys. The final sale generated $35,000 for the MusiCares COVID-19 Relief, which seeks to alleviate the enormous financial burden placed on people in the music industry who are adversely impacted by the global pandemic.

"Having performed professional style concerts as a singer at nursing homes for over 25 years, I am aware of the power of music to change lives", said auction winner Andy Nahas. "I bid on this piano on behalf of MusicPower, a charity I established to support exceptional music related initiatives such as MusiCares. I'm further excited because we've chosen to donate the piano to another impressive initiative called the Avenue Blackbox Theatre in Rochester, New York, which will launch an expanded music learning program for inner city youth and adults upon receipt of Alicia's beautiful Steinway piano. We expect this autographed piano will inspire and motivate many people to make music creation an important part of their lives. I give a big thank you to Steinway, Alicia Keys, and MusiCares for offering this multiple win opportunity!"

The piano, which was donated by Steinway and used by Alicia Keys in her home for three months, was featured in Keys' social media and was used for a special Amazon livestream event and in a promotion for the 2020 New York Census. The Steinway-designed Boston piano captures Steinway DNA through the unique patents and expertise that have made the Steinway heritage synonymous with musical excellence since 1853. Keys' signature elevates the piano to a one-of-a-kind collector's item, and its success as an auction item is a testament to both the artist's reputation and to the goodwill of MusiCares supporters seeking to help music professionals during this very difficult time.

SPREADING THE WORD

CALIFORNIA'S MUSIC COMMUNITY celebrated last Friday, September 4, 2020 as Governor Gavin Newsom signed Assembly Bill 2257 (AB2257) into law which exempts musicians from AB5 Requirements. Assemblywoman Lorena Gonzalez (D-San Diego) and Majority Leader Ian C. Calderon (D-Whittier), along with leading artists rights organizations, amended Assembly Bill 5 (AB5) with AB2257 to provide relief to the vast majority of affected music professionals, including recording artists, musicians, composers, songwriters and vocalists.

The legislation, which passed the California Senate unanimously, is supported by the American Federation of Musicians (AFM), American Association of Independent Music (A2IM), Music Artists Coalition (MAC), Independent Music Professionals United (IMPU), International Allegiance of Theatrical Stage Employees (IATSE), the Recording Academy, Recording Industry Association of America (RIAA), Screen Actors Guild (SAG-AFTRA), Songwriters of North America (SONA) and Teamsters.

Enactment of AB2257 will once again permit most music professionals to follow the Borello test (as opposed to the Dynamex or ABC tests) to determine employment classification for both live performances and studio recordings. California’s adoption of AB5 in September 2019 had established a three-part “ABC” test to determine if workers are employees or independent contractors. The ABC test unintentionally affected musicians and others from the music community. In January 2020, Assemblywoman Gonzalez introduced legislation to address the unintended issues affecting musicians and other creators.

The new legislation also specifically provides for unions to continue to organize the work of recording artists, musicians, singers, and others, ensuring that current and future collective bargaining agreements will always govern in California.

In a statement, the music groups said, “This legislation ensures musicians and other creative workers can continue to live, create, and thrive in California. California’s leaders promised efforts to protect workers with a bill that would not undermine or destabilize the state’s vital music economy. Today, they have kept that promise. AB 2257 restores California’s leadership as a home to the creative arts and creates clear, fair rules of the road for freelance, union, and independent artists in the state.”

VANESSA REDGRAVE AND RALPH FIENNESS joined by actress Daisy Bevan, will read texts ranging from Professor Freud, Sylvia Pankhurst and William Shakespeare.

This event has been instigated and devised by Vanessa Redgrave, who before lockdown was working with the Freud Museum on a forthcoming exhibition Code Name Mary: The extraordinary life of Muriel Gardiner, now postponed until 2021.

In 2016 Ralph and Vanessa performed together in a critically acclaimed production of Richard III at the Almeida Theatre, and are reunited for this special one night only event.

Sunday September 13, 2020, a once in a lifetime opportunity to see two of the country’s most outstanding actors perform in the beautiful garden of Sigmund Freud’s final home.

The Freud Museum in London reopened on August 12 with full hygiene precautions in place. In person tickets are strictly limited, to ensure a safe, socially distanced event, in line with government regulations.

THE RECORDING ACADEMY has announced the creation of its Black Music Collective (BMC), a group of prominent Black music creators and professionals who share the common goal of amplifying Black voices within the Academy and the music community. The collective will serve as a space for members to speak openly about new and emerging opportunities in Black music across all genres and identify ways to drive more representation.

In July 2020, the Academy announced a partnership with the nation's largest online racial justice organization, Color of Change, and set forth to create a Black music advisory group. The Black Music Collective fulfills this promise and is bringing together creators and business leaders to create a pipeline of future industry trailblazers. Leaders will meet regularly and initiate programs that will encourage participation and accelerate Black membership in the Recording Academy.

Jeffrey Harleston, Jimmy Jam, Quincy Jones, Debra Lee, John Legend, and Sylvia Rhone will serve as honorary chairs of the Recording Academy BMC. Washington, D.C. Chapter Executive Director Jeriel Johnson will lead the initiative internally.

"The Black Music Collective is necessary to help drive the Recording Academy into a new era. Creating an open space for Black music creators can only benefit our membership as a whole," said Harvey Mason jr., Chair and Interim President/CEO of the Recording Academy. "Through the past few months, I've been personally invested in propelling this collective along with Chapter leadership within the Academy. Together, we will elevate Black music creators within our organization and the industry at large." "As Black music continues to drive culture, it is essential we grow and maintain representation within the Academy and the music industry," said Valeisha Butterfield Jones, Chief Diversity & Inclusion Officer of the Recording Academy. "We're thrilled to help develop the leaders of tomorrow with impactful educational and experiential programs that we will announce in coming weeks."

THIS IS A MAN'S WORLD an archival video presentation of a solo, semi-autobiographical coming of age story written and performed by Latino Theater Company founding member Sal Lopez. In this candid and intimate performance, music and memory swirl as Lopez relives the lessons that shaped his life, from the scent of a piroul tree in Mexico to the thrill of young love to the effects of the Watts Riots and the birth of his son.

Written and Performed by Sal Lopez. Directed by José Luis Valenzuela. Costume Design by Urbanie Lucero. Lighting Design by Phillip Powers. Sound Design by Ivan Robles. Projections by Yee Eun Nam. Presented by The Latino Theater Company in Los Angeles.

Streaming free Tuesday, September 8 at 7 p.m. PT / 10 p.m. ET thru Thursday, September 17 at 11:59 p.m. PT. A follow-up, online conversation with Sal Lopez will take place on Wednesday, September 9 at 7 p.m. PT / 10 p.m. ET and stream for 10 days.

CAMILLA, THE DUCHESS OF CORNWALL FIGHTS DOMESTIC VIOLENCE

Camilla, The Duchess of Cornwall is a longtime supporter of fighting domestic violence. Last Thursday the wife of Prince Charles and Patron of SafeLives wrote an impassioned and powerful letter to domestic abuse survivors which was printed in The Telegraph.

The post was shared by Clarence House.

She wrote:

"Six months ago, our country went into lockdown. Almost immediately, we saw both the best and the worst of human behaviour. For many, charity truly began at home, with family members caring for shielding relatives, and neighbours pulling together in new and different ways.

"But for some, it was abuse, rather than charity, that began at home. Deeply troubling statistics have shown the sharp rise in domestic violence since March. It is thought that, globally, cases have escalated by 20%. In the UK, more than a third of specialist services have reported an increase in requests for their support.

"Yet nearly two-thirds of victims have felt unable to seek help, for fear of repercussions from their partner, or because of the restrictions of Covid-19. SafeLives, the UK-wide domestic abuse charity of which I am patron, has been undertaking an online survey of people living in abusive relationships over the past few months. The responses have been heartbreaking."

Some she included are:

“His emotional and verbal abuse is escalating the longer we’re isolated, and I’m concerned that mentally I won’t survive this.”

“Every so often he gets on his high horse and pushes me or spits in my face and he shouts and scares us.”

“Psychologically I feel unsafe, being coercively controlled by my ex-husband as he has my daughter. He is using the Covid-19 situation to further control and making it difficult as I am in the vulnerable category too. I am powerless and have no-one to help me.”

"Some of you might be worried about a friend or relation," continued Camilla. "In these situations a simple inquiry can be incredibly powerful. Earlier this year, SafeLives started the Reach In campaign, as it is so hard for those living in an atmosphere of coercion and fear to “reach out”. SafeLives provides guidance on how you can prepare, open a conversation gently (“I’ve noticed you seem a bit down. Has anyone upset you?”), listen, reassure and support. One woman whose concerned workmate took her aside, writes: “If you are a colleague of someone who you believe is being abused, ask them, say you will help. They may deny the abuse, say they don’t need help, but your offer will make them stronger in many ways. They will know inside they have an option, that they will be believed – and when they do escape the abuse it will be in part because you reached in.”

The media’s role in “reaching in” is equally crucial, " she emphasized. "I have often said that domestic violence is characterised by silence: of the abused, of the abuser and of those who don’t know how to intervene. But the media have the ability to break this corrosive silence: bringing us the voices of victims; shattering the taboo; and raising awareness of what we can all do to stop this heinous crime. As ever, efforts that are united are the most powerful. In the words of SafeLives, together we can end domestic abuse, for everyone and for good.

"After six months of lockdown, it is clear that Covid-19 is not the only pernicious disease that has been attacking our society. While many aspects of our lives are now slowly returning to some kind of normality, we must also remember there are those for whom the lockdown of fear and abuse remains. It is therefore vital that we continue to do everything we can to help them in whatever way possible for as long as is necessary."

LAUGHTER IS THE BEST MEDICINE

Wayne Allen, comedian and owner of The Historic North Theatre Performing Arts Center Danville, VA is credited with these jokes.

Did you hear that when we get to Mars, NASA is going to open a restaurant. It will have great food, but no atmosphere.

I was going to tell you a construction joke? Sorry, I'm still working on it.

There's a fine line between a numerator and a denominator. Only a fraction of people will get this joke.

What's the difference between a hippo and a zippo? One is really heavy and the other's a little lighter.

Why should you never trust stairs? They're always up to something.

You've heard of Pampered Chef. Well what do you get from a pampered cow? Spoiled milk.

And prepare yourself for this one, it is really bad... Where does a waitress with only one leg work? IHOP.

RED ALERT SUPPORTED BY THEATERS ACROSS THE COUNTRY - NOW CONGRESS NEEDS TO GET ON BOARD

Last Tuesday, September 1, 2020 Red Alert day took place - a campaign targeted to draw attention to pandemic-related job loss for Live Entertainment and Live Events workers in NYC and across North America. "#WeMakeEvents is for Live Theatre on Broadway and Off-Broadway, Cabaret, Live Music performances and Road-Shows, and countless other workers is directly related to, and closely allied, with so many others who are so deeply embedded in the heart and soul of what makes the live entertainment community, so special and incomparable."

The event was first staged last August 11 in London with the #WeMakeEvents Red Alert Day Of Action lighting up 700 buildings across the U.K. with more than 300 venues including London's National Theatre, the London Eye, Tate Modera and Royal Festival Hall turned their lights red as part of the Red Alert campaign.

The Red Alert's aim is to support and showcase the plight of Live Entertainment/Live Events workers who were among the first to be sidelined, and are likely to be among the last going back to work.

In New York City, there was a gathering at a Times Square installation of packing cases and rolling crates used by Broadway and Off-Broadway crews, music tours and road shows – along with some of the people who work in the industry.

There was also a collection of about 30 video testimonials from notable Broadway, Off-Broadway and road tour musicians including:

Lucie Arnaz, Kate Baldwin, Lance Bass, Laura Bell Bundy, Michael Cerveris, Alice Cooper, Alan Cumming, Gavin DeGraw, Debbie Gibson, Harry Groener and Dawn Didawick, Bruce Hall, Francis Jue, Leslie Kritzer, Nathan Lane, Leslie Odom, Jr. and Nicolette Robinson, Kelli O’Hara, Rory O'Malley, Barry Manilow, Butch Patrick, Paul Shaffer, Miriam Shor, Billy Bob Thornton, Nancy Travis, and Adrian Zmed.

Campaign focus is to garner public awareness, as well as to push for Congressional support from Washington. The next step House and Senate bills have been sidelined, even as the political campaign season kicks into high gear, deflecting attention as we head to November.

"Bottom-Line: thousands and thousands of workers are still out of work. Even the NYC City Council has moved more expeditiously and definitively to offer support for Restaurant Workers. Unfortunately the Federal Gov’t has been stalled and stuck on the next stage of the Restart Act, and extending PUA," stated the release.

A recent press release stated, “It is estimated that 96%, or as many as 12 million people in the live events industry are currently unemployed, furloughed or have lost up to 90% of their income, and the world’s largest concert promoters have reported a 98% loss of revenue since the start of the pandemic.”

It continued that "77-percent of people in the live events industry have lost all of their income."

The American event was a cross country participation success.

78 locations turned red in the San Francisco area including: ACT, Geary Theater, African American Art & Culture Complex, Asian Art Museum of San Francisco, Bill Graham Civic Auditorium, Bimbo’s 365 Club, City Hall, Coit Tower, Curran Theater, Grace Cathedral, Herbst Theatre, Local 16 Offices, Louise M. Davies Symphony Hall, Palace of Fine Arts,Yerba Buena Center for the Arts,ba Buena Center for the Arts, Berkeley Repertory Theater, Oakland Arena, Bing Concert Hall, Luther Burbank Center and Marin Shakespere Company.

In Las Vegas there was a show of support including a magnificent fireworks show made possible by hotel owner Jonathan Jossel who offered Core Arena for the fireworks show, and Show Talent Production’s aerial show, which performed from a crane on a fire truck and starred stunt artist Angelina Puzanova.

A total of 68,000 Las Vegns in the entertainment industry are sidelined and that figure is prior to MGM Resorts International laid off 18,000 company-wide employees.

Those without work or a paycheck aren't just those performing but the spine that keep the shows operating; carpenters, stagehands, lighting techs, video designers and sound engineers.

Among locations that turned red in Las Vegas included Allegiant Stadium, Las Vegas Ballpark, the Mob Museum, Tuscany Suites, Ahern Hotel, The Space, the Cleveland Clinic Lou Ruvo Center for Brain Health, Downtown Las Vegas Events Center, Area15, and Lake of Dreams at Wynn Las Vegas. The Thomas & Mack Center was lit up with 70 lasers. The school’s Artemus Ham Hall, Judy Bayley Theater and Flashlight installation were also lit up. The Plaza was illuminated with the event’s official logo, projected on the side of its building.

In Philadelphia, participants included Asian Arts Initiative, Philly Improv Theater, and IATSE Local 8 Union headquarters.

In Texas, buildings in Houston, Austin, Dallas and San Antonio were illuminated as part of a national call to action. The list of Houston venues included Jones Hall, Wortham Center, George R. Brown Convention Center, Smart Financial Centre at Sugar Land, The Cynthia Woods Mitchell Pavilion, White Oak Music Hall and The Mucky Duck.

Over 50 Colorado-based live event companies, promoters, venues and event specialists were aglow including the Boulder and Fox theaters. Other structures participating include Boulder City Hall, the Boulder Bandshell, the 1stBank Center in Broomfield, Red Rocks Amphitheatre in Morrison, Denver venues The Pepsi Center, Mission Ballroom, Cervantes Masterpiece Ballroom and many more.

The Jacksonville Theatre in Jacksonville, Florida turned red as did The Florida Theatre and Times-Union Center. The King Center in Melbourne was bathed in red as was Surfside Playhouse in Cocoa Beach.

The Grand Theater in Wausau, Wisconsin was one of 1500 venues across the country turning red last Tuesday night.

In Chicago the Chicago Theatre, the Ferris wheel at Navy Pier, the Aragon Ballroom and Allstate Arena in Rosemont were among the spots taking part.

Wausau Grand Theater in Wisconsin took part to raise awareness of troubles caused by pandemic on live entertainment.

On September 1 The Palace Theatres of Manchester, NH lit-up their venues red as part of The Red Alert Day.

However, it's crucial to communicate to those in power, not merely singing to the chorus.

Many of the demonstrations including stagehands pushing stage props and trunks to choreographed music. That looked nice, was entertaining - if not confusing. Those not in the business didn't understand the point.

Many in Congress can't sing and, besides being able to tap dance around issues, are lead footed.

To become relevant, out of work show bix types need to show how their lack of income affects other segments of the economy. On the flip side, how entertainment dollars add billions of dollars to the economy.

Don't push around trunks. Flaunt balance sheets.

Those in the world of entertainment are financially bleeding. Congress needs to step up and provide those in entertainment the same respect they show other industries.

E-Book

Soft back Book

STEPHANIE ALISON WALKER has been named winner of the 2019 Francesca Primus Prize, which recognizes an emerging woman playwright. The award includes a $10,000 honorarium given through the generosity of the Primus Foundation. The prize, administered through American Theatre Critics Association, is named in honor of Francesca Primus, a playwright, dramaturg, theater critic, and ATCA member who died of cancer in 1992. The Primus Prize has been adjudicated by ATCA since 2002. Walker received the award for The Madres, which had a rolling world premiere through the National New Play Network with Chicago’s Teatro Vista, Skylight Theatre Company in Los Angeles, MOXIE Theatre in San Diego, and Shrewd Productions in Austin, Texas during calendar year 2018. She was selected from three finalists; the other two were Jennifer Barclay for Ripe Frenzy and Ifa Bayeza for Benevolence. To qualify for the 2019 award, plays must have had a full production in 2018.

In The Madres, Walker goes back to 1978 and Argentina’s “dirty war,” echoing the stories of the “Mothers of the Plaza de Mayo” whose protests against Argentina’s repressive and murderous military dictatorship raised the consciousness of the world about those activists “disappeared” by the government.

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This is not your typical, totally boring textbook.

In the pages of How To Earn A Living As A Freelance Writer (the first to be lied to and the last to be paid) you'll find sex, celebrities, violence, threats, unethical editors, scummy managers and lawyers, treacherous press agents, sex discrimination; as well as a how-to for earning money by writing down words.

FINAL OVATION

MARCUS SMYTHE actor of film, television and theatre, died August 20, 2020 at his home with family in La Crescenta, Calif. He was 70. The cause of death was the culmination of a three-year battle with brain cancer.

Smythe was a familiar romantic lead in the most popular daytime-television serials of the 1970s and '80s. These included his portrayal of Gordon Middleton on The Guiding Light, Dane Taylor on Search for Tomorrow, and Peter Love on NBC's Another World.

He also appeared with such acting luminaries as Henry Fonda, Myrna Loy and Jessica Tandy in feature films and performed extensively in off-Broadway theatrical productions and national stage tours. He was the recipient of Drama Logue and LA Weekly Drama Awards during his stage career in Los Angeles. He was a member of SAG, AFTRA and Actors Equity. He received his B.A. in theatre from Otterbein University in 1972 and a Master of Fine Arts from Ohio University in 1975. He appeared at the Cleveland Playhouse post-college before his move to New York City.

He is survived by his wife, Suzanne Goddard-Smythe, two sons, Harrison and Duncan, and brother Casey of Tucson, Ariz., as well as nieces and nephews in Kansas and Arizona. He is preceded in death by parents, Patricia (Schweitzer) and Paul Smythe and brother Scott.

Next Column: September 13, 2020
Copyright: September 6, 2020 All Rights Reserved. Reviews, Interviews, Commentary, Photographs or Graphics from any Broadway To Vegas (TM) columns may not be published, broadcast, rewritten, utilized as leads, or used in any manner without permission, compensation and/or credit.
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