MASSACHUSETTS LEGISLATIVES MAKE it was pretty clear in 2014 that they wanted to keep mid-size theaters from having to compete with casino-run event venues, by fitting into the gaming law that gaming licensees “will only be permitted to construct a live entertainment venue of less than 1,000 seats or more than 3,500 seats”.

The restriction received very little attention until recently, when representatives from Medford and the Chevalier Theater started complaining about concerts and other events held in the Encore Boston Harbor Ballroom in Everett. Most of the events happened before the pandemic, but shows resume next week with an evening of mixed martial arts fights.

Representatives urged the Massachusetts Gaming Commission to fine Encore and halt any shows that violate the 1,000 to 3,500 ticket limit. They also threatened legal action if Encore continued to host the shows.

The Gambling Commission dealt with the controversy Thursday not by tackling it head-on, but by letting its legal counsel, Todd Grossman, provide an interpretation of the law that would essentially allow Encore to transform its ballrooms, lounges and its bars into concert halls. of any size. This interpretation seemed to lend itself to the commission, which moved on to other matters without comment. But the problem persists, in part because Grossman’s analysis is far from conclusive.

Grossman noted that the law only allows licensed casinos to “construct” a live entertainment venue with less than 1,000 or more than 3,500 seats. He suggested that nothing in the law prevents a casino from converting a ballroom or lounge into a concert hall and selling as many tickets as they want.

Dan Rabinovitz, a Murphy & King attorney who represents the city of Medford and the booking agent for the Knight Theater, offered a starkly different interpretation of the law during his presentation to the Gaming Commission last week. He said Encore had “built” its ballroom and therefore the ballroom could not be used to host entertainment events of 1,000 to 3,500 seats.

Grossman said his interpretation of the law is supported by a negotiated agreement between Encore and the Massachusetts Performing Arts Coalition, which represents theaters in the area. Grossman said the agreement, which was required of casino operators seeking a license from the Gaming Commission, allows the casino to use its hotel bars, lounges and ballrooms for events, meetings or parties. celebrations where live entertainment is provided.

“The hotel’s ballroom can be used for events that include live entertainment,” Grossman said. “There are no restrictions in the agreement as to the size of such an event, whether it be seats or customers, the frequency of events or any other such restriction, although there could have been had he been included in the deal.”

Troy Siebels, president and CEO of the Hanover Theater and Conservatory for the Performing Arts in Worcester, brokered the deal with Encore. He said Grossman’s summary is misleading because it focuses on a handful of words. “You have to read everything,” he said.

In full, it states: “Wynn agrees that it does not currently plan to construct, restore, operate or manage any indoor or outdoor, permanent or temporary live entertainment venue on or off the site of the casino in the Commonwealth of Massachusetts. accommodating more than 1,000 people, notwithstanding that the Gaming Act permits such rooms to accommodate more than 3,500 people The parties acknowledge and agree that the bars, lounges, common areas, ballrooms of hotel or other function or meeting spaces within the gaming establishment or elsewhere on the casino grounds may be used for events, meetings or celebrations that include live entertainment.

The conversion of a ballroom into a concert hall appears to match the agreement’s reference to a “temporary live performance venue”. As for the reference to live entertainment in ballrooms or lounges, Siebels said that was included so Encore could provide incidental entertainment at an event — like a jazz trio performing in a bar or a group at a wedding. He said it was never expected that Encore would sell thousands of tickets to an event at his ballroom.

“It’s about parsing words and it’s clearly against the spirit of gambling law,” he said.

BRUCE MOHL

FROM COMMONWEALTH

The Gaming Commission takes a pass: The Massachusetts Gaming Commission says it will not seek to regulate a proposed entertainment complex across from Encore Boston Harbor in Everett as long as Encore agrees to conditions relating to event venue size, security and to other problems. Read more.

Number of deaths revised: Massachusetts is revising how it counts COVID deaths so as to reduce the overall total by 3,700. Read more.

The Baker administration criticized: Rep. Michael Day, chairman of the House Judiciary Committee, accuses the Baker administration of “outright resistance” to implementing the state’s criminal justice reform law. Read more.

Financial cliff: The MBTA is approaching a financial cliff in fiscal year 2024 with a projected budget gap of $230 million and expected to increase over the next several years. Read more.

OPINION

Eating disorders: Ryan Dunk, senior at the University of Suffolk and figure skater for Team USA, explains what can be done to stem the rise of eating disorders, which are ravaging the country’s youth. Read more.

FROM THE WEB

BEACON HILL

Howie Carr slams House Republicans for failing to call a recorded vote on their proposal to suspend the state’s 24-cent-a-gallon gas tax, which was sent by House leaders in a voice vote. (Boston Herald)

Pet owners renew their push for the state to regulate dog daycare. (MassLive)

The Senate passes a bill that revise the management structure of the soldiers’ houses in Holyoke and Chelsea. (MassLive)

MUNICIPAL AFFAIRS

Boston Mayor Michelle Wu appointed a 23-member task force to study “rent stabilization,” a flagship proposal of his winning campaign. (Boston Herald)

The Worcester Library considered terminate its subscription to Hoopla, which allows customers to rent free e-books using their library card, after finding hateful content on the service. (Telegram and gazette)

worcester bECOMES the latest community to consider decriminalizing psychedelic drug use. (Telegram and gazette)

Boston Mayor Michelle Wu and local business leaders offer strategies try to revive downtown activity. (boston globe)

New Bedford City Council Finance Committee voted to accept funding the city from the American Rescue Plan Act, an issue that had sparked power plays between the council and Mayor Jon Mitchell. (New Bedford Fire)

TRADE/ECONOMY

A bill pending in the Legislative Assembly would create a hotline for companies to report job applicants who don’t show up for job interviews, and those people could lose their unemployment benefits. (Gloucester Daily)

Play ball! (boston globe)

More than 24 people from 19 states, including two from Massachusetts, bear witness during a virtual Purdue bankruptcy court hearing about the devastation caused by the company’s drug, Oxycontin. Members of the Sackler family, owners of the company, were on the phone. (WBUR)

EDUCATION

an invoice that would leave school staff working in educational collaborations – regional networks that share resources between districts – at the same time as working for a district aims to alleviate the shortage of school staff. (Boston University Statehouse Program)

Jerome and Linda Paros to give $10 million to UMass Amherst College of Engineering for extreme weather research. (Hampshire Daily Gazette)

ENERGY/ENVIRONMENT

Protesters plan hunger strike protest construction of a new oil and gas-fired power plant in Peabody. (Salem News)

After the closure of the Pilgrim nuclear power plant, the vacuum been filled by natural gas, other electricity producers increasing greenhouse gas emissions. (USA today)

Casella waste management try to buy the Pittsfield waste incinerator with the intention of closing it. (Berkshire Eagle)

CRIMINAL JUSTICE / COURTS

A group of five Massachusetts State Police officers continue the ministry, alleging that he unlawfully discriminates against soldiers who take maternity leave or other types of leave by giving up their seniority rank. (boston globe)

The family of Marine Lance Cpl. Ronald “Macho” Valentine of Fitchburg is still seeking answers three and a half years later as to why Valentin died while stationed in Japan. (Telegram and gazette)

There have been five ALS deaths and 60 cancer diagnoses among workers at the decrepit Roderick Ireland courthouse in Springfield, according to a judge calling for a complete epidemiological study of the courthouse. (MassLive)

The thieves used a car to smash the front of a Chanel store on Newbury Street in Boston, then seized goods and fled in a vehicle. (boston globe)

MEDIA

The White House Correspondents Association quietly stripped the name of the late legendary UPI reporter Merriman Smith for his signature journalism award after reviewing his record of excluding women and black journalists from the group. (Washington Post)

PASSAGES

Michael Linquata, World War II veteran and prisoner of war who based Gloucester House restaurant and other businesses, dies aged 96. (Gloucester Daily)

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