Mainstream cinemas are wrongly not receiving Covid compensation
Mainstream cinemas in the canton of Zurich wrongly received no Covid hardship payments. This was decided by the administrative court.
The cantonal culture department was of the opinion that cinemas with blockbusters would not contribute to the variety of offers. Is James Bond systemically important? The administrative court of the canton of Zurich finds yes. In two judgments published on Friday, August 12, 2022, it declared the unequal treatment of mainstream cinemas and arthouse cinemas to be “unlawful”.
In one case, a cinema applied for CHF 2.5 million in compensation for the empty rows of seats during the pandemic. In the second case, another cinema applied for support of CHF 430,000. Both show blockbusters and films that don’t necessarily have a great cultural claim.
The cantonal culture department had therefore rejected their applications. In contrast to arthouse cinemas, these cinemas would not make a single contribution to the variety of offers and programmes. The department therefore did not classify the cinemas as “cultural companies”. Both cinemas appeal.
The administrative court has now come to the conclusion that there is no objective reason to limit the support to art house cinemas. “Mainstream cinemas also contribute to the breadth of the overall offering. This contribution is no less significant.”
Blockbuster cinemas and DJs are not considered «cultural companies»
One of the two judgments is already final. The question of what filmmaking is worth supporting goes back to the culture department. They now have to process the application again. The other judgment is not yet final, the canton can still appeal to the federal court.
Incidentally, it is not only blockbuster cinemas that are not considered «cultural companies». According to the classification of the canton, DJs are not artists either, at least if they don’t show any “artistic invention” or make their own contribution, but just press “play”.
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