Playwrights Horizons Sued for Racial Discrimination

Musician and theatergoer Kevin Lynch has filed a class action lawsuit against Playwrights Horizons accusing the off-Broadway not-for-profit theater of racial discrimination.

The complaint alleges that Lynch attended the November 6 performance of Nazareth Hassan’s Practice, which the theater designated as “BIPOC Night” (BIPOC is an acronym for “Black, Indigenous, and People of Color”). In a promotional statement, the theater wrote, “For this BIPOC Night performance, we welcome folks who are Black, Indigenous or People of Color to use code BIPOCNIGHT to unlock discount seats.” Those seats cost $39. Lynch, who identifies as white, did not take advantage of the discount and purchased two full-priced tickets at $90 each.

“In other words,” the complaint argues, “Lynch was overcharged $51 per ticket because of race.” You can read the full lawsuit, which was filed yesterday in the US District Court for the Southern District of New York, here.

The conservative law firm Consovoy McCarthy is representing Lynch. The lawsuit is supported by the American Alliance for Equal Rights, whose president, Edward Blum, was instrumental in the 2023 Supreme Court case Students for Fair Admissions v. Harvard, which largely ended race-based affirmative action in college admissions. Lawyers from Consovoy McCarthy also argued that case.

“This case is about a simple rule that should not be controversial,” said Blum, “businesses and nonprofits open to the public cannot charge one person more, or another person less, because of the color of their skin.”

In a statement to the New York Times, representatives for Playwrights Horizons said, “This is a meritless lawsuit, and Playwrights Horizons intends to defend itself in court.”

Practice, which ran at Playwrights Horizons from October 30 through December 19, is about a Brooklyn experimental theater director whose unconventional and increasingly abusive methods blur the line between auteur and cult leader. “We judge from the safety of the darkened house,” TheaterMania’s review observed, “but how many of us could honestly say we would stand up to it in our own workplaces?”