Kim Moore vs Hadestown Lawsuit Partially Dismissed on First Amendment Grounds
Kim Moore’s lawsuit was dismissed by the judge on First Amendment grounds, as argued by Hadestown in its plea to dismiss the lawsuit. However, the judge noted that there might be merit in the allegation that the decision to terminate Moore’s contract was based on her race. Therefore, the lawsuit was not completely rejected, and the judge requested an amended complaint from the plaintiff. Moore had alleged racial discrimination when she was removed from the show.
The 16-page long lawsuit also alleged that the creative team stated it was not possible to have an all-black Workers Chorus. An email from the choreographer described the story as a ‘White Savior Story,’ after which Moore was expelled. Kim Moore in her lawsuit pointed out that there were other emails also with matters related to her race. Moore was ultimately replaced by a white woman.
Hadestown, the producer of the show, requested the dismissal of the lawsuit on three grounds:
- Kim Moore’s claims should be dismissed due to the First Amendment.
- The plaintiff failed to state a claim upon which relief could be granted.
- The plaintiff was required to seek arbitration under the Collective Bargaining Agreement between Actors’ Equity and the Broadway League.
Judge Loretta Preska considered the first ground and partially dismissed the lawsuit. She clarified that a lawsuit could only be dismissed based on select documents and did not consider other documents presented by Hadestown, including the Collective Bargaining Agreement, which eliminated the arbitration argument put forth by Hadestown.
The court examined all requirements Moore needed to meet to establish her allegation of racial discrimination. However, the judge did believe that the amended complaint hinted that Hadestown might have been partly motivated by discrimination when terminating Moore’s contract. The judge’s observation was also influenced by the replacement of Moore with another actress not covered under the Collective Bargaining Agreement.
The First Amendment, used to partially dismiss Kim Moore’s lawsuit, could be argued as an unconstitutional basis, but the judge found the defendant’s reasoning persuasive. The decision against having an all-black Workers Chorus was based more on the team’s creative expression.
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