A federal judge in New Jersey on Tuesday denied the theater industry’s request for a temporary restraining order that would force the state to allow theaters to reopen.
Judge Brian R. Martinotti also set a timeline to litigate the industry’s request for a court order on the matter, with a hearing scheduled for August 4 or earlier.
The National Association of Theater Owners, along with several chains like AMC, Cinemark and Regal, filed a lawsuit on July 6, arguing that Governor Phil Murphy had violated his First Amendment rights by ordering theaters to close while churches , libraries and other places will remain open. The ruling is a setback for the business, which he hoped the court order would mean that movie theaters in a major market, one very close to New York, would soon be able to welcome customers.
Most major display chains have been closed since March, when coronavirus infections began to spread across the country. That resulted in billions of dollars in lost revenue. Exhibitors hope to be able to start screening movies in the coming weeks, demonstrate to customers that it’s safe to return to theaters, and encourage studios to start offering new releases like “Tenet” and “Mulan.”
However, that effort has been affected by the increase in coronavirus cases in states such as Texas, Arizona and California. It’s also complicated by the fact that New York City, the largest source of ticket sales, has yet to set a date for the reopening of theaters.
The plaintiffs filed a motion Monday seeking a temporary restraining order and a court order blocking the execution of Murphy’s order. In a three-page order Tuesday, Martinotti indicated that he is monitoring restrictions from other states as COVID-19 cases increase across the country.
“It is noteworthy that, as Plaintiffs submit this request, they declare that they initially ordered the reopening of the indoor movie theaters, once again ordering their closure in response to increasing numbers of COVID-19 infection,” Martinotti wrote.
The judge ordered the state to respond to the theaters’ request for a court order by July 24.
