The Orpheum Theatre is suing the Holocaust Museum over alley access

Local News

The theater claims it will go out of business if it cannot retain control over the dead-end street for events.

Tucked into a dead-end alleyway in the heart of downtown is Boston’s oldest continually operating theater, the Orpheum Theatre. 

However, access to the uniquely positioned music venue is difficult, with only one way in and out. 

For at least 30 years, the Orpheum Theatre, now owned and operated by Crossroads Presents and Live Nation, has used Hamilton Place as a staging area for guests to await entrance, as space for artists’ tour buses, and as a critical access point for 75-foot trailers filled with performers’ equipment.

With the fall schedule set to kick off this weekend, Crossroads Presents claims its business is at stake if it can’t access the alleyway.

On Tuesday, Crossroads Presents filed a complaint in Land Court accusing the Holocaust Legacy Foundation of impeding their access as they undergo the demolition and construction involved in their new museum. 

Jody Kipnis, the Holocaust Legacy Foundation’s president and CEO, wrote to Boston.com that the Foundation has worked cooperatively with the theater and has not blocked access to the theater. It also has approved construction plans that provide access to the Orpheum at all times. 

“The recent allegations to the contrary were unexpected, given the Foundation’s consistent effort to maintain open access,” Kipnis wrote. 

The Orpheum Theatre is closed during the summer but presents about 40 to 50 shows throughout the rest of the year. 

Since 1999, on event days, the Orpheum Theatre and Crossroads personnel have controlled access to Hamilton Place through barricades and security personnel. Tractor trailers that need to back into the alleyway often need to jump the curb at the western section, now owned by the Foundation, to make it work. 

Crossroads admits that it never received express permission from the Foundation or its predecessor to use the western portion of Hamilton Place, but has never run into trouble in the past. 

Crossroads claims it has attempted to resolve the dispute with the Foundation in “good faith, to no avail.” 

The complaint said the theatre would face “irreparable harm if not permitted to use Hamilton Place” and could “go out of business. ” 

Crossroads claims that the Foundation argued that it could leave construction vehicles, other vehicles, and bollards on Hamilton Place, even though it blocks access for tractor-trailers. 

Restricting performance acts from being able to offload their equipment will “likely lead to a cascade of cancellations by performers and the loss of confidence in the Orpheum Theatre throughout the live performance industry, resulting in damage to the reputation of the Orpheum Theatre as a venue,” the complaint said. 

The next show scheduled for the theater is for the artist Ivan Cornejo, who will perform on Sunday, Sept. 8, at 8 p.m. 

Crossroads Presents is a Boston-based concert promoter that operates venues with capacities ranging from 340 to 2,700. The company’s other venues in the region include Brighton Music Hall, House of Blues Boston, MGM Music Hall, and Paradise Rock Club. 

Crossroads Presents seeks a declaratory judgment and permanent injunction to allow the theater continued access to the alleyway. 

A hearing on a preliminary injunction was continued on Friday to Sept. 13. 

The lawyers and staff at the Orpheum Theatre could not be reached for additional comment on Friday.