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#Judge orders New Jersey movie theaters to stay closed for now

#Judge orders New Jersey movie theaters to stay closed for now

July 15, 2020 | 9:41am

A federal judge in New Jersey has denied movie theaters pleas to reopen their cinemas across the Garden State.

The move comes after a group of the nation’s top theaters led by AMC, Regal and Cinemark sued the state over “unconstitutional closers” last week. The group was looking for a temporary restraining order to force New Jersey to reopen cinemas, but US District Court Judge Brian Martinotti stuck down the industry’s request.

According to a plan presented this week by movie theaters to Gov. Phil Murphy, patrons would be required to wear masks and employees would have to wear protective gear and certify each shift they didn’t have COVID-19 symptoms.

Employees also would be monitored regularly, restrooms and food preparation areas would be continually sanitized and seating patterns would be established to achieve social distancing.

But Judge Martinotti said those measures were not enough and pointed to states like Texas and California, which recently backed off from their re-openings, as coronavirus cases are spiking across the nation.

“It is noteworthy that, as Plaintiffs file this application, states that initially ordered the re-opening of indoor movie theaters have once again ordered their closure in response to rising COVID-19 infection numbers,” the judge said in his order.

The judge has set up future proceedings in the case by also ordering New Jersey Governor Philip Murphy and Acting Health Commissioner Judith Persichilli to appear by Aug. 4 and explain why an injunction shouldn’t be issued.

In their lawsuit, movie theaters said that if other places of public assembly can open — such as churches — so must movie houses.

“COVID-19 represents a serious public health risk, and Plaintiffs support fair and reasonable actions by the government to address that risk,” last week’s lawsuit said. “However, the government-mandated total closure of movie theatres is neither fair nor reasonable, and is instead a violation of Plaintiffs’ First Amendment rights of freedom of speech and freedom of expression.”

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