The Phantom Wouldn’t Have To Hide In The Sewers If He Lived During Covid-19 Pandemic

There is a piece on ArtsHacker I recently published dealing with a lot of the legal questions arts and cultural venues face when trying to make re-opening plans. You may be aware that people are pulling out official looking cards saying they are exempt from wearing face masks under the ADA. Those cards are fake in terms of having any authority behind them.

There are many reasons why people will have problems wearing face masks, but there is no automatic exemption. My Arts Hacker post includes a link to a resource provided by the Southeast ADA Center that provides guidance on this issue, including possible modifications that might be implemented.

The post also contains links to three videos by entertainment lawyer Steve Adelman who answers questions about whether you can require people to wear masks, if you can be held liable if someone contracts Covid-19 at your venue, and whether you should you have people sign liability waivers acknowledging they might be exposed to the virus.

One of the things I learned from the third video is that half the disclaimers on the back of tickets shifting risk of injury to visitors or waiving their right to sue probably won’t be enforceable in practice.

A little bonus information for you that isn’t in the Arts Hacker post is survey data Colleen Dilenschneider posted today showing about 70% of people want cultural organizations to make mask wearing mandatory.


A Question Of Face Masks And Liability

About Joe Patti

I have been writing Butts in the Seats (BitS) on topics of arts and cultural administration since 2004 (yikes!). Given the ever evolving concerns facing the sector, I have yet to exhaust the available subject matter. In addition to BitS, I am a founding contributor to the ArtsHacker ( website where I focus on topics related to boards, law, governance, policy and practice.

I am also an evangelist for the effort to Build Public Will For Arts and Culture being helmed by Arts Midwest and the Metropolitan Group. (

I am currently the Director of the Grand Opera House in Macon, GA.

Among the things I am most proud are having produced an opera in the Hawaiian language and a dance drama about Hawaii's snow goddess Poli'ahu while working as a Theater Manager in Hawaii. Though there are many more highlights than there is space here to list.


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