Yesterday I had the opportunity to take part in a conference call with the governor’s office on the updated guidelines issued by the SLA a couple of weeks ago.
One of our lovely regular customers, cabaret singer Joey Nigro-Nilsen, happens to be Assemblyman Al Stirpe’s sister in law. When the news came out and we announced we had to shut down again, she immediately got on the phone with Al and he began working on the situation.
He met with a small group of musicians plus Jimmy and I at The 443 to talk about our concerns and come up with a possible strategy. He suggested I submit a detailed reopen plan (you can find it HERE if you’re interested), and managed to arrange a conference call with one of the governor’s senior advisors.
It was a rare opportunity to have the ear of one of the people making decisions about how we might be allowed to reopen, and we were lucky to participate. We’re incredibly grateful to Assemblyman Stirpe for all his work to make it happen.
I invited a few of my colleagues – Dan Mastronardi from the Westcott Theater, Jeff Schoenfeld from the Nelson Odeon and Ty Marshall from the Center for the Arts in Homer. I asked them because they are running legitimate music venues, rather than bars that happen to host bands. Also, they have invested a significant amount of time and money into retrofitting their rooms in order to keep their guests as safe as possible.
And we are all more than a little anxious about our future.
Everyone got a chance to talk and between us, we were able to voice some of the most crucial points:
- We have all gone above and beyond in reimagining our spaces for our new COVID-19 reality – cutting capacity to less than 50%, moving shows outside, adding furniture and new fixtures, comprehensive check-in protocols, and hybrid models of a small audience plus a paid live stream
- The NY Forward website strongly suggests that restaurants take reservations, and selling tickets serves the same purpose…they are critical for crowd control. Also, guests who have paid something to get in are invested in the experience and less likely to resist abiding by the rules.
- Banning advertising and marketing live music doesn’t do anything to control crowds.
- With the current rules, advertising and marketing have simply shifted to the artists rather than the venues. We now have a secretive, speakeasy culture full of sly winks and hints about what’s going on.
- The venues who weren’t complying before still aren’t and the ones who are trying to do everything right have shut down – we have not accomplished anything.
- We have had live music in CNY since we began Phase 4 about 8 weeks ago with no corresponding spike in cases.
- Our businesses are an integral part of our communities. We employ service and support staff, sound and light techs, and musicians. We feed other businesses like restaurants and hotels.
- We provide an escape for our guests – and that’s more important than ever.
- We are all very different in size, style, and business model. Right now, the state seems to be looking at all of us as “Arts & Entertainment”. There are hundreds of business models under that umbrella and one size does not fit all.
- It was suggested that a scaled reopen plan, with small venues being allowed to open first should start immediately.
- We are uniquely qualified to operate in our current climate. We are professionals and events are what we do. We are adept at managing high-stress situations and used to making decisions on the fly.
- We are out of time. With no timeline, no plan, and no aid on the horizon, we are all calculating how much time we left – and it isn’t much.
There was some Q&A about the logic behind restaurants being able to open for indoor dining while we are not because the experience is so similar – our guests arrive, take a seat at a table, and sit for a couple of hours enjoying food and drink. There just happens to be live music happening. There was no real answer.
I didn’t bring it up on the call, but our business IS categorized as a cafe/restaurant/bar on all our permits and for tax purposes. We have a tavern license with the SLA and we are licensed to present live music both inside and on our patio. Music is the primary focus of what we do, but we are not in the Arts & Entertainment category. Are we suddenly NOT supposed to be a cafe/restaurant/bar because NY state does not want music to be the focus?
Which rules apply to us?
We also asked about casinos being allowed to reopen and were told it’s about enforcement. Casinos are highly regulated and have their own agencies to enforce the rules. The state is responsible for enforcing everything else and they don’t have enough manpower.
Takeaways from the call:
- Prohibiting the ticketing and advertising of live music was an attempt to separate “arts & entertainment” from “restaurants & bars”. The problem is, as in our case, there isn’t always a clear line.
- Enforcement seemed to be the biggest concern. The state is getting slammed with complaints about non-compliant restaurants and bars and they are hesitant to reopen another category without the ability to enforce the guidelines.
- The group making the decisions about how and when we reopen does not include anyone familiar with the industry. Their focus is strictly on the infectious disease portion.
- They **might** release guidelines for our industry in the next week or so. What that actually means is anybody’s guess.
I could be wrong, but I had the feeling the governor’s office was hearing some of our concerns for the very first time. There was a distinct sense that they haven’t considered how big the arts, entertainment, and events industry truly is and how many people are affected. Or, more importantly, how the lack of a coherent reopen plan and/or federal aid has pushed many of us to the brink of closing for good.
The state is very focused on keeping our numbers down, as they should be. But, the collateral damage – our businesses – are not being taken into account.
To say it was discouraging is an understatement.
When we got off the call, my phone exploded with everyone wanting to talk and rehash what had just happened. After nearly 6 months there is still no plan or even a timeline to get us back to business, which was pretty stunning news. It sounds like they are just starting to have this conversation.
There is a real sense we’re on our own in this and we’re going to have to fight hard to make something happen. We have waited patiently for a game plan from the state as our bank accounts have dwindled down to nothing and now…well, we’re out of time.
It has become clear we have to rally the troops and start making A LOT of noise. There is no sense of urgency about the fact venues are going to disappear at a rapid clip over the next month or two. There is no empathy for people who are watching businesses they’ve nurtured and built up from nothing circle the drain. As the literal LAST industry allowed to reopen, the state should be doing everything they can to help us survive. Instead, it’s cutting us off at the knees.
Think about what your city will look like when all the independent music venues are gone for good. We need to act now, or it will become our reality.
If you’d like to help, I have started a Facebook group called #LetTheMusicPlay to raise awareness about the dire situation we’re all in through targeted letter writing and social media. You can find it HERE. I have been posting action items, articles and other items of interest daily. It’s a public group and anyone can join, but you do have to agree to the group rules before you’re allowed in.
We have to step things up, so we’re tossing around ideas like holding a rally, coordinating efforts with other cities around the state and trying to get more coverage from the media.
Stay tuned for more details.
