Commericals shown before films at some theater chains cause groans from many moviegoers, but one Evanston resident decided to do something about it: Sue the theater.
With her lawsuit, filed last week by two attorneys against Loews Cineplex Entertainment, Evanston resident Miriam Fisch is attempting to stop the chain from showing several minutes of ads before movies that audiences have already paid to see.
So far, Fisch is the only plaintiff. But attorneys Mark Weinberg and Douglas Litowitz said they are looking for more to sign on.
“We seek truth in labeling,” Litowitz said. “That’s all we’re asking for.”
The suit alleges that when Fisch attended a recent 4:45 p.m. showing of “The Quiet American” at Loews’ Pipers Alley Theatre in Chicago, the movie was delayed four minutes to show commercials.
“Realistically, four minutes is nothing,” Fisch said. “(But) where do we draw the line?”
According to Fisch’s lawsuit, the showtime indicated on a movie ticket constitutes a contract. By delaying the start of a movie to show commercials, the corporation is in breach of that agreement. The suit does not take issue with movie previews, which have long preceded the main feature.
Loews issued a statement Feb. 20 calling the lawsuit “frivolous and completely without merit.”
“The movie-going public has come to expect (advertisements and movie previews) prior to viewing the main feature,” the statement said.
The suit seeks damages of up to $75 per plaintiff and compensation for attorneys fees and costs.
“We also want them to stop the practice by not showing ads … or (by) giving fair notice as to how long the ads are going to be,” Weinberg said.
Though Litowitz estimated the lawsuit’s chances for success at “50-50,” Weinberg said he is confident they will win.
“I think we have a really strong case,” Weinberg said. “In some ways, it’s a very simple case.”
Robert Jarosinski sided with Loews, calling the lawsuit “frivolous.”
“This … undermines the justice system,” said Jarosinski, a Communication junior. “People are just trying to make a buck.”
While Fisch admits she spent a minimal amount of time watching commercials before the movie, “it’s important to pay attention to something that’s happening before it’s too late,” she said.
Litowitz, who said he is planning a similar legal action against another movie theater chain, said response has been supportive.
“People are very, very upset about this, even though it’s a small thing,” Litowitz said. “We’ve received nearly 700 e-mails in support.”
As of Wednesday night, the Web site set up to publicize the lawsuit, www.nomovieads.com, had recorded more than 20,000 hits.
But not everyone has been so positive, Weinberg said.
“We’ve gotten about 50 e-mails telling us to go to hell,” he said. “They think, ‘greedy lawyer.’ Not all lawyers are greedy.”
Weinberg said he decided to get involved because he believes commercialization is getting out of hand.
“Hopefully I’ll get paid, but this is not about the money for me,” he said. “I’m going to put as much time and energy as it takes to win it.”
