Reprieve for Boston’s Gaiety Theatre?

posted by Ron Newman on January 3, 2005 at 5:39 am

BOSTON, MA — The latest e-mail missive from Lee Eiseman of Friends of the Gaiety Theatre:

“As of New Year’s Eve I can report that The Gaiety has had another reprieve!

In a brief submitted to Judge Francis Spina of The Massachusetts Supreme Court, the lawyer for The Glass Slipper (a strip club next to the Gaiety also threatened with demolition) argued that demolition of the theatre would deprive his client of the right to several substantial arguments in cases still open in Massachusetts Land Court.

Judge Spina asked Kensington Development for assurances that they would refrain from demolition until after Judge Spina decides the case which will be heard on Friday, January 7, 9:30 am at 1 Beacon Street 3rd floor. Kensington has assented to this request. The public and press may attend.

The Supreme Court has very high standards for accepting cases. They must believe that a message needs to be sent to the lower courts. There are some substantial legal issues here that need enlightened adjudication.

Starting Monday, I would like to have half-hour lunchtime vigils in front of the theatre every day through Friday. Please let me know if you will participate.


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Comments (4)

Ron Newman
Ron Newman on January 3, 2005 at 5:44 am

I got another e-mail from Lee after submitting this item. There will be one demonstration in front of the theatre this week (not one per day). It will take place at noon on Thursday, January 6.

Ron Newman
Ron Newman on January 4, 2005 at 5:53 pm

And now it looks like the demonstration has been postponed to Friday, January 7 at noon, because of anticipated bad weather on Thursday.

The court hearing has also been postponed, to Tuesday, January 11 at 10 am, still at 1 Beacon Street, third floor.

Ron Newman
Ron Newman on January 11, 2005 at 11:36 am

The very latest from Lee Eiseman:

Subject: last word

Tuesday, January 11, 2005

Tonight on WGBH 2 at 7:00 PM, Emily Rooney’s Greater Boston, will feature a 10 minute segment on the plight of The Gaiety Theatre. [i believe this show repeats at midnight — RN]

Unfortunately I must also report that Judge Spina of the SJC has rejected the standing of the Glass Slipper to request an injunction against demolition. His decision begins, “I have failed to conclude that the petitioners will suffer irreperable harm if an injunction does not issue…”

Thus, the remaining impediment to demolition of The Gaiety Theatre will be removed without a trial on the merits of the case ever having been heard. There now appears to be no further recourse.

Though this may be of little consolation to Gaiety Friends, the appeals process remains open to challengers of Kensington Place.

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