well there are many many off-Broadway and off-off-Broadway theatre companies in New York, meaning companies that actually make theatre. These plaintiffs are not them. The actual theatre companies are not a part of any problem with American theatre; they ARE American theatre.
These plaintiffs are akin to catering halls being the plaintiffs in the other case. And I think the non-plaintiff restaurants would beg to differ about why the city starting reopening restaurants. N.B. The same clas action lawyer who handled that case is handling this one. There is a chicken or egg issue. But yes of course anyone can sue anyone in our country. Even Javanka can sue. LOL