NYS Music 202​0

Tag: state liquor authority

  • Venues Across New York File Federal Lawsuit Against State Restrictions on Live Music

    New York music venues decided to file a Federal lawsuit against State restrictions on live music on September 6, 2020 in the U.S. District Court in Manhattan. The lawsuit involves ten establishments across New York who believe the live music restrictions are unworkable and unconstitutional.

    The Federal lawsuit challenges both the ad ban and the rule against charging for shows as being arbitrary since there is no evidence those actions have any effect on the slowing coronavirus spread.

    Lark Hall lit up in red demanding the passage of The Restart Act.
    Photo by Zach Culver.

    Last week New York state announced rules that aimed to contain the spread of the coronavirus according to state officials but many venues feel they have been disproportionately singled out in this new ruling. The rules allow only what the state calls “incidental” music to be performed at venues making it impossible to promote performances and therefore making it difficult for venues, bars, and restaurants to intrigue an audience to attend their establishment. 

    The ten establishments involved in the lawsuit are establishments that serve liquor and host or promote live music or entertainment. These venues come from all across New York state including four in New York City. The others are located throughout upstate New York in Buffalo, Niagara Falls and Clifton Park. The plaintiffs in the case are Turks Group, LLC, operating as The Sultan Room & The Turk’s Inn in Brooklyn, 49 Illinois Restaurant, LLC, operating as Buffalo Iron Works in Buffalo, The New York Independent Venue Association, a trade association, Columbus Ale House, Inc., operating as The Graham, in Brooklyn, Upstate Shows, Inc., operating as Upstate Concert Hall in Clifton Park, Jayarvee, Inc., operating as Birdland Jazz Club in Manhattan, Capitol Enterprises, Inc., operating as The Capitol Theatre in Port Chester, Jukimoo, LLC, operating as Littlefield in Brooklyn, nfinity on Main, Inc., operating as Tralf Music Hall in Buffalo, and Rapid Theater Niagara Falls USA, Inc., operating as The Rapids Theater in Niagara Falls.

    Times Union Center lit up in red demanding the passage of The Restart Act.
    Photo by Zach Culver.

    The defendant named in the lawsuit is the State Liquor Authority Chairman Vincent Bradley. The State Liquor Authority has been the leading charge in enforcing Governor Andrew Cuomo’s coronavirus orders. They do this by having the ability to suspend liquor licenses and impose fines on establishments not following the rules.

    According to syracuse.com, “The lawsuit asks the court to halt the state’s enforcement of the orders. It also seeks payment for the cost of the lawsuit and lawyer’s fees, but does not specify monetary damages.” The state’s coronavirus rules are simple and easy to follow for most of these establishments. People being required to wear a mask, social distance, use hand sanitizer, having employee health checks, and ect would be very doable for establishments who host live music and yet they are being singled out from being able to promote their businesses. 

    The Federal lawsuit says, “The advertising and ticketing of shows would allow establishments to maintain better control over their limited capacity, allowing them to tell patrons in advance that an evening is sold out and thus avoiding the gathering of crowds trying to gain admission (and the increased risk of transmission that comes along with such gatherings).”

    For more information on the New York’s new guidelines for establishments and how they effect the establishments and musicians read NYS Music’s article on the guidelines.

  • SLA faces lawsuit by NYC Venues and Bars Over New Guidelines

    Angered that the State Liquor Authority (SLA) created new guidelines last week in regards to live music and ticketed events, establishments have teamed up to file a lawsuit.

    SLA lawsuit

    According to the SLA’s website, venues and bars cannot hold ticketed events, karaoke and other live entertainments. They claim that an establishment is allowed to have “incidental live music,” but it cannot be ticketed or advertised.

    “Only incidental music is permissible at this time. This means that advertised and/or ticketed shows are not permissible. Music should be incidental to the dining experience and not the draw itself. All other forms of live entertainment, such as exotic dancing, comedy shows, karaoke etc., are not permissible currently regardless of phase.”

    via SLA website

    To many establishments, they feel these new guidelines will affect business drastically. According to the lawsuit, these rules restrict “free speech.”

    “Despite the fact that coronavirus is not transmitted via sound waves, the SLA just decimated already struggling businesses. This rule prohibits lawfully operating establishments from advertising the entertainment that is lawfully available: to wit, a ban on advertising of music at food service establishments. This constitutes a content-based restriction on free speech,” the lawsuit states.

    The lawsuit was filed with the support of the New York Independent Venue Association. Forming this past summer, NIVA has been on the forefront of the #SaveOurStages movement. Their mission was and still is to get financial support from Congress to the industry. They represent over 100 independent music venues including The Tralf, Littlefield, Birdland Jazz Club in Manhattan and Buffalo Iron Works in western New York.

    The new guidelines appeared not too long after multiple raves throughout NYC got busted for illegally selling liquor and disobeying the social distancing rule.

    Bill Crowly, a spokesperson for SLA told Gothamist that large gatherings such as these can be very dangerous.

    “These high-risk gatherings would create exactly the situation we are trying to avoid, where people congregate, mingle, and create congestion at points of ingress and egress,” Crowly said.

    On the side of the restaurant/bar industry, a manager, Kim, at Littlefield said that its been a hard time reopening and that costumers have to respect that.

    “Nightlife is so vital here—I don’t know why else people would move to New York, and I feel like it’s going to die. We’re holding out as long as we can with whatever aid we can get. But this is going to change the whole landscape of nightlife in New York,” said Kim.