Closure of theaters in N.J. not a violation of rights, judge rules in blow to movie chains – NJ.com

A federal judge has upheld Gov. Phil Murphys executive order that closed movie theaters in New Jersey, finding that the state is not infringing on theaters First Amendment rights in its response to the pandemic.

U.S. District Judge Brian Martinotti on Tuesday denied a motion for an injunction by the National Association of Theatre Owners on behalf of several chains in New Jersey.

In closing indoor movie theater operations, (the state is) promoting the significant governmental interest of protecting public health by keeping closed areas that present heightened risks for COVID-19 transmission, Martinotti wrote in his 33-page opinion.

The injunction would have stopped state officials from applying or enforcing executive orders that closed theaters back in March when Murphy declared a state of emergency and mandated the closure of theaters and other facilities.

The theater owners argued New Jersey officials were discriminating against them by allowing churches to reopen.

The state, however, argued that churchgoers can wear masks but that a mask mandate is difficult to enforce in theaters because patrons sit in darkness.

Before filing suit, theater owners sent representatives to meet with the governors office and outline comprehensive safety plans for the reopening of movie theaters in New Jersey.

The protocols included having theater employees wear masks and gloves, signing documents each day stating they dont have COVID-19 symptoms and taking staggered breaks to aid in social distancing.

Theater owners also said they would limit ticket sales to comply with reductions in capacity, implement touchless ticketing and install Plexiglas partitions in customer service areas.

But the judge cited the states argument that the Center for Disease Control and Prevention has said the risk of transmission increases with prolonged person-to-person interactions.

Movie theaters necessitate a large number of individuals congregating together concurrently in one indoor location for an unusually long period of time, Martinotti wrote in denying the injunction.

New Jersey on Monday reported 316 new coronavirus cases and four more deaths as the states rate of transmission climbed back above the key benchmark of 1 that indicates the outbreak is expanding.

The Garden States death toll now stands at 15,916 fatalities attributed to COVID-19 14,077 confirmed and 1,839 considered probable in more than five months since the first case was reported March 4.

The National Association of Theatre Owners, American Multi-Cinema, Cinemark USA, Regal Cinemas, BJK Entertainment, Bow Tie Cinemas and Community Theaters filed suit against Murphy and state officials on July 7 with the hopes of reopening.

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Anthony G. Attrino may be reached at tattrino@njadvancemedia.com. Follow him on Twitter @TonyAttrino. Find NJ.com on Facebook.

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Closure of theaters in N.J. not a violation of rights, judge rules in blow to movie chains - NJ.com