Comedians Rally After Ban On Ticketed Events Signals 'Death Blow'

LEVITTOWN, NY — Holding signs that read "This ain't funny" and "Leave the funny business to us," a group of comedians rallied outside outside Governor's Comedy Club in Levittown Sunday — livid that their right to work has been derailed after a new mandate by Gov. Andrew Cuomo put the brakes on all ticketed music and comedy performances at restaurants and bars.

The mandate on the New York State Liquor Authority's website, under the "Guidelines for Licensed On-Premises Establishments," states: "Only incidental music is permissible at this time. This means that advertised and/or ticketed shows are not permissible. Music should be incidental to the dining experience and not the draw itself."

Restaurants and other on premises food and beverage establishments that have a license through the SLA are only allowed to offer on-premise music if their license certificate specifically allows for the activity, including live music, a DJ, or recorded music. "All other forms of live entertainment, such as exotic dancing, comedy shows, karaoke etc., are not permissible currently regardless of phase," the site states.

At the rally, which was spearheaded by Kristen Tinsley, comedians were joined by Sen. Phil Boyle to let their voices be heard.

"Look at what's going on in this country, the pandemic. .. We've got terrible things going on. We need to laugh," Boyle said.

Boyle said residents had adhered to guidance, flattened the curve, and New York's low numbers "are practically zero. We want it to stay that way and that's why we are going to have social distancing and masks," he said.

He and his family went out to dinner and brunch wore their masks until seated and then, on the way back to the car, he said. Boyle said Cuomo had opened restaurants, gyms, bowling alleys — but not comedy clubs and strip clubs, which he said, "should not be in the same category. It's not fair. You gave us a right to free speech and now we need to have a place to tell jokes."

Boyle gave Cuomo 72 hours. "If he doesn't open the comedy clubs by Wednesday at the end of business, I want you to call your state senators and state assembly representatives," he said. "You need to call them and say, 'Take back the governor's power,'" he said.

Comedian Michael Loftus also spoke. "I'm not going to do jokes. I take this kind of thing very seriously."

Loftus spoke before the crowd, who cheered. "We followed the guidelines. Is it too much for us to ask to have a little bit of happiness? We want to tell some jokes, get together with friends, share a meal, a laugh. That's what separates us from the flippin' animals," he said.

The curve is down, he said. "But they keep moving the goal posts. The governor and the state of New York might have wonderful intentions but they are hurting the people who want to entertain, the musicians, the comedians, anyone who is a live performer. When things get ridiculous, that's when we, as Americans, have to stand up and tell them that they are wrong. We have to send a message, loudly," Loftus said.

(Video of Michael Loftus courtesy of Mike Keegan)

The new guidance rocked those struggling to survive in entertainment across Long Island and New York State.

"As an event producer, my whole business and all my friends and business associates are deeply impacted — 30 years in the music business and in one fell swoop we have been destroyed," said Diane Tucci in Riverhead. She added: "Did Cuomo not get an instrument for Christmas as a kid? Why the vendetta against restaurants and breweries and musicians?"

Tucci described the mandate for musicians and comedians as "the latest death blow from Cuomo."

James Dolce, owner of Governor's Comedy Club in Levittown, was also present Sunday at the rally; he thanked those in attendance for turning out in support.

Dolce told Patch he also had to cancel a full slate of sold-out shows.

"The rules keep changing, every day," he said. "It's hard to keep track."

One minute, he said, it was fine to open as long as comedians stayed outdoors, with social distancing protocols in place. Dolce enclosed all his stages in plexiglass, inside and outside, and "got the green light" from the board of health, Nassau County Executive Laura Curran and the fire marshal, he said.

Now, the new mandate, he said, meant he had to cancel his shows and let customers they'd be rescheduled at a later date. "This won't last forever," he said.

Dolce said he believes the issue is a "political football."

"If the stats warranted this decision, I could live with it, no problem," Dolce said. "But the statistics really don't warrant this. I've been open 10 weeks with outside comedy and not one incident of any kind regarding the virus has been documented at the club."

Cuomo said Sunday that New York State's rate of positive tests has been less than 1 percent for 16 straight days.

Dolce said he was working with an attorney and speaking with Curran as well as Boyle to address concerns.

Of the canceled shows, he said, "Sure, I'm disappointed." His lineup for the coming days included Tim Dillon, Chris Distefano and Anthony Rodia. "These are all comics that have a very large fan base — fans who were looking forward to seeing their favorites comedians," he said.

The pandemic, he said, has cut a cruel swath across the industry: "You have people out of work; comics who love to do comedy and can't even do that — or they have to be behind plexiglass, with no contact with the audience," he said.

However, Dolce said: "You have to follow the rules and regulations. You don't have much of a choice. This is the hands of the prophecy. Cuomo is a great governor. But in politics, you don't have to agree on all the issues — and this is one I don't agree with him on. I don't think he's looking at this on a one-by-one basis. When you group everyone into one pot, it's not a fair situation."

A cry for change: Comedians, musicians look to organize

Frustrated by an ever-shifting landscape and all promises of work seeming to dissipate, comedians and musicians alike are looking to organize, creating petitions and crying out for change.

"Musicians, restaurants and other related parties need to get organized and fight this," Dean Del Prete wrote on Facebook.

A petition created by Stacey Givan, "Allow Live NY State Music Advertising At Bars/Restaurants/Venues" has gotten almost 13,000 signatures.

One petition, "If Live Music Is Allowed, Comedy Should Be, Too," has garnered more than 9,000 signatures so far.

Comedian Mike Keegan said there is a need for answers. While he said in-person shows behind plexiglass were a "bit awkward," he understood those safety measures needed to be taken to work.
"At some point, you have to believe that there is more to this than just the disease. The virus isn't checking licenses," Keegan said. "It's politics. Every time we gain a little bit of leverage, they take it away. I do think that we are being targeted."

Of Sunday's protest, he added: "I am proud to be a part of the Long Island comedy community. We are a family. We felt like we were being treated unfairly so we raised our voices and I would like to thank to owners of Governor's Comedy club and Sen. Boyle for making sure our voices will be heard in Albany — so we can get back to work."

A letter was sent out from the SLA to all bars and restaurants last week to "remind licensees (that may have the privilege of providing entertainment) of what has currently been deemed safe in terms of live entertainment. Currently, only incidental music performances are safe and permissible."

Incidental music is non-ticketed, unadvertised performances that accompany and are incidental to a dining experience — for examples patrons have come to dine, and the music provided is incidental to the dining experience, the letter said.

"This is the only form of permissible live entertainment. Any other type of event — concerts, dance, comedy, etc.— is not incidental and is therefore impermissible at this time for health and safety reasons. Performing arts guidance has not yet been issued by the Department of Health."

Karaoke is not presently permitted for reasons of health and safety, the letter said.

State officials responded to the outcry.

"This guidance is not new — live entertainment activities, including all ticketed events, have been prohibited since New York went on PAUSE in mid-March to stop the spread of coronavirus," said William Crowley, public affairs office, New York State Liquor Authority. "Thanks to New Yorkers' hard work, we have achieved, and so far maintained, one of the lowest rates of infection in the country, but these high-risk gatherings would create exactly the situation we are trying to avoid, where people congregate, mingle, and create congestion at points of ingress and egress."

Last week, after seeing an increase in establishments advertising ticketed events, the SLA clarified language on its website and proactively emailed all bars and restaurants to ensure they were aware of the months-old restrictions, Crowley said.

"New Yorkers need to remember we are still fighting a global pandemic — and with dozens of states facing outbreaks, we must continue to take the threat of spreading COVID at mass gatherings seriously," he added.

As it currently stands, outdoor and — outside of New York City — indoor dining are allowed, but not concerts.

Others said, while difficult, they understood the need for the mandate."We have suspended our upcoming ticketed shows. We did so as soon as we became aware of the news rules for operating," said Nick Kraus, partner at the Stephen Talkhouse in Amagansett. "This of course hurts the business and the artists, but we will abide by whatever mandates that the state puts forward. Hoping for the best in the near future."