Judge Invalidates New York’s Ticketed Event Ban
Musician Michael Hund took action in the form of a lawsuit against the State Liquor Authorities in regards to their ban on ticketed events back in August. Judge John L. Sinatra just recently ruled in favor of the Buffalo Music Hall of Famer, granting a preliminary injunction against the measure.
In August, the State Liquor Authorities issued a ban on ticketed live music events in the state of New York. The ruling was to offer music in restaurants and bars that was “incidental to the dining experience and not the draw itself.” This made selling tickets and promoting shows banned in the state of New York. This created major backlash from live musicians all over the state and a petition signed by over 17,500 called for this ruling to be overturned.
Judge Sinatra indicated that this measure affects Hund and thousands of other musicians in a ‘personal and individual way’, giving that many of these people, including Hund, make a large portion of their living off of selling and advertising ticketed events.
“Even in a pandemic, state police powers are subject to limitations, and state action taken to protect public health cannot infringe constitutional rights” claimed Sinatra and the court. “The incidental-music rule is not narrowly tailored to serve the government’s interest in protecting public health.”
Even in the attempt to diminish the spread of the pandemic, it is still not allowed, according to this court, to diminish the constitutional rights of Hund and any other citizen.