Business
One Fix for Ailing Movie Theaters? Becoming Nonprofits.
Nicki Wilson was shocked when her local newspaper reported in March 2023 that the Triplex Theater, an independent four-screen movie house in Great Barrington, Mass., was shutting down after almost three decades in business.
The Triplex, the only theater in town, was a much-loved fixture, attracting moviegoers from all around the Berkshires, even on winter nights when not much else was open, Ms. Wilson said.
“I couldn’t imagine living in a town without a movie theater,” she said.
Ms. Wilson wasn’t the only one who felt this way, and after a communitywide campaign the Triplex reopened in November 2023 in a much different form. No longer is it dependent on ticket and popcorn sales. The Triplex has become a nonprofit organization relying on donations, grants and plenty of volunteer labor. And instead of leaning on the next Hollywood blockbuster, the Triplex focuses on what the community wants to see.
“In an independent theater, you can show what you want,” said Gail Lansky, vice president of the Triplex’s board. “You can show retrospectives. You can show foreign films. You can do film festivals. Free Saturdays for kids”
Certainly not all nonprofit theaters are doing well, but the model has worked, at least so far, in places like the Berkshires, where a devoted and well-heeled clientele is willing and able to support the arts. Two nearby nonprofit movie theaters in New York, the Moviehouse in Millerton and the Crandell Theater in Chatham, have attracted sizable fan bases. Across the country, more than 250 movie theaters are nonprofits, said Bryan Braunlich, executive director of the Cinema Foundation, a movie-industry group that provides research for cinemas.
“We are definitely seeing a trend of communities rallying around their local theaters,” he said.
And movie theaters have needed saving. Since 2019, the number of screens operating in the United States has declined 12 percent, to 36,369 as of 2023, said David Hancock, chief analyst in media and entertainment at the research firm Omdia. The popularity of at-home streaming over the past decade was a factor. Before the pandemic, audience numbers were already waning, but Covid nearly dealt the industry a death blow, as consumers got used to staying home and became pickier about what movies they went to a theater to see.
“People certainly came back, but much more slowly,” said the Triplex’s former owner, Richard Stanley. “Ultimately, I saw the handwriting on the wall and decided I had to close.”
When a theater shuts down in town, it’s not just a problem for film buffs. Because of their unique architecture, with sloped floors and few windows, they are hard to convert to other purposes and often leave prominent spaces empty.
Becoming a nonprofit allows theaters to draw on different revenue sources, like film festivals, and the hope is that a theater catering to the people of a town will build a loyal and supportive base.
This doesn’t happen overnight. That was the case with the Belcourt Theater in Nashville. A community group had raised millions of dollars to operate and renovate the 1925 movie palace, which briefly served as the main stage of the Grand Ole Opry.
“All of us who work in the theater remember the days when we’d show ‘Badlands’ to four people, and now we show ‘Badlands’ to 150 to 200 people,” said the Belcourt’s executive director, Stephanie Silverman, referring to the director Terrence Malick’s debut feature from 1973.
Those who rallied around the Triplex are hoping for the same. When the theater opened in 1995 on the site of a burned-down lumberyard, nearby shopping centers had sucked the life out of Main Street and Great Barrington was struggling economically, said Mr. Stanley, Triplex’s former owner.
Main Street is a very different place today, largely because of an influx of tourists and weekenders, and the Triplex “was a very pivotal, really core thing that brought people to town,” said Betsy Andrus, executive director of the Southern Berkshire Chamber of Commerce.
By 2023, two other multiplexes in the Berkshires, in Lanesborough and North Adams, had already shut down. But Ms. Wilson believed there was hope for the Triplex. She called Mr. Stanley to ask if there was some way to reopen the theater.
“I asked what we could do, and he said, ‘Well, pay me $1 million and you can buy the theater,’” she said.
Ms. Wilson didn’t have $1 million to spare, but she did have plenty of friends. In April 2023, she invited her neighbors to her living room to discuss saving the theater. The group, which called itself Save the Triplex, created a GoFundMe page and a website to raise money. The response was overwhelming, said Hannah Wilken, who had spent many weekends at the Triplex with her friends as a teenager and was involved with the fund-raising.
Even people who hadn’t been to the theater since before Covid felt a visceral connection to the place. “We just started getting inundated with people saying: ‘I want to help. I want to donate. Sign me up,’” Ms. Wilken said.
The actress Karen Allen, who owns a fiber-arts store in town, turned over memorabilia from “Raiders of the Lost Ark,” which she starred in, for an auction. A major boost came when the photographer Gregory Crewdson donated $225,000, after selling copies of a signed limited edition of his work.
Within a few months, the group had raised $246,000 — enough to pay the first year’s mortgage. Mr. Stanley liked the idea of keeping the Triplex alive as a nonprofit run by the town’s residents and gave Ms. Wilson’s group a five-year mortgage to buy the theater.
The campaign has benefited from the large and devoted Berkshires arts community, which regularly draws celebrities to town. Bill Murray showed up at the Triplex to discuss “The Life Aquatic With Steve Zissou,” the Wes Anderson film in which Mr. Murray played the title character, and Joan Baez was there for a showing of a documentary on her life. Arlo Guthrie discussed the 1969 movie “Alice’s Restaurant,” which had been filmed nearby. Not all the events have made money, but enough have done well to keep the Triplex going.
Movie theaters remain a dicey business, and for the Triplex to survive long term it will need a lot more money. The four screening rooms need major renovations. And although an active board oversees the theater’s operations, it had just two full-time paid employees until this month. (A third full-time employee starts later this month, and the theater also has part-time help including the people who sell tickets and popcorn.) Ms. Wilson, the board’s president, hopes to hire more people, but for now the theater still depends largely on volunteers.
“The challenges are real,” said Ms. Lansky, the board’s vice president. “Everybody knows that an independent theater cannot rely on tickets and concessions alone.”
Nonprofit theaters also tend to be a low priority for film distributors, Mr. Hancock of Omdia said. That means they can’t always show the latest Hollywood blockbuster and must find other ways to keep up audience enthusiasm and a continuing commitment from the community members to donate money and volunteer their time, he said.
“The model can work, but only if the cinema is valued by the local community,” Mr. Hancock added.
Still, those behind the Triplex’s revival believe an audience is out there. Sitting at home and watching movies on Netflix just isn’t the same thing, said Ben Elliott, the creative director at the theater and one of its few paid staff members.
Mr. Elliott grew up in Great Barrington and regularly visited the Triplex as a child. One of the things he missed during Covid was the sound of conversations in the lobby after a movie ended.
“Being together in a physical space is something that’s becoming rarer and rarer, and holding on to that, I think, is important for communities across the country,” he said. “It’s also, for us, the most viable way to keep a theater open.”
Business
Landmark downtown apartment tower faces foreclosure
A landmarked downtown Los Angeles apartment building designed by famed Los Angeles architect John Parkinson is on the market as its owners face foreclosure.
Residences in the Metropolitan, a 10-story tower built in 1913, are nearly filled with tenants but its ground floor retail spaces on Broadway and 5th Street are unoccupied, as are other street-level stores in downtown’s Historic Core.
The historic building was once considered one of the best in the city and is owned by the Fallas family, which operated a chain of value-priced clothing stores based in Gardena including one called Fallas Paredes in the Metropolitan.
Fallas-Paredes at 449 S. Broadway, Los Angeles, CA 90013.
(Google Maps)
Around 2011, Michael Fallas, who once worked in family’s downtown store as a stock boy, converted the upstairs floors from offices to apartments while continuing to operate Fallas Paredes. The store closed more than five years ago in the wake of a 2018 filing by its parent company for Chapter 11 bankruptcy protection.
Earlier this month in state Superior Court, a special servicer representing Fallas’ lender asked for a judicial foreclosure of the property, alleging that Fallas had stopped making payments on a $32 million loan dating to 2017. After leasing the property for years, Fallas bought the building in the 1990s.
Fallas didn’t respond to requests for comment.
The location of the Metropolitan where the buildings stands was hailed in a Times story in 1912, saying “it is regarded by many realty men as the most valuable piece of real estate in Los Angeles.”
The building today is recognized as a city historic-cultural monument because “Broadway became the commercial center of the Southland, a title it retained until well after World War II,” with its development, the city said. One of the architects who designed the Metropolitan in the Beaux-Arts style was John Parkinson, who is credited with designing such well-known local structures as City Hall, the Los Angeles Memorial Coliseum and Union Station.
Notable tenants in the Metropolitan have included the Los Angeles Public Library, Owl Drug Co., variety store J.J. Newberry and real estate company Janns Investment Co., which sold the land where UCLA is built and developed Westwood Village, among other Los Angeles neighborhoods.
In recent years, the buildings around the Metropolitan have struggled to keep retail tenants after a spurt of residential conversions of historic buildings starting in the early 2000s brought commerce to the neighborhood. Many downtown businesses have struggled since the pandemic reduced occupancy in offices downtown and reduced the flow of visitors.
“The lack of bodies on the street is generally hurting downtown, and that’s one of the reasons that has building has problems,” said downtown real estate broker Hal Bastian, who lives in the Historic Core.
There are close to 1,000 residential units in historic buildings at the intersection of Broadway and 5th Street, Bastian said, but all the ground floor stores are closed. Drug stores there suffered substantial losses from shoplifting he said, and now, “our challenge on Broadway is leasing.”
The 88 apartments in the Metropolitan are 91% rented, according to a listing for the property by the Zacuto Group, which also touts its roof deck with pool, fitness center and barbecue grills. No sale price is set.
Business
January 2025 wildfire victims seek tougher penalties against State Farm over claims handling
A fire survivors’ group announced Thursday it was seeking tougher penalties against State Farm over its handling of January 2025 wildfire claims.
The Every Fire Survivor’s Network said it was petitioning to join a state enforcement action announced this year against the company to make sure the case results in meaningful changes at California’s largest home insurer.
“We’re seeking a systematic review of all their claims and penalties calibrated to the actual scale of the harm — and we’re seeking the payouts that families are owed,” said Joy Chen, executive director of the group, at a Pacific Palisades news conference joined by victims of the fires.
The Department of Insurance in May filed an administrative action against State Farm General — the subsidiary of the giant Bloomington, Ill., insurer that handles California home insurance — after completing a “market conduct” exam.
The Jan. 7, 2025, fire damaged or destroyed more than 18,000 structures and killed 31 people.
State Farm has received more January 2025 claims than any other insurer — more than 13,700 auto and homeowners claims as of May 4, with payouts totaling $5.7 billion, according to the company.
The market conduct exam looked at 220 sample claims filed by the victims and found 398 violations of state law in about half of them.
Among other alleged violations, it found that the company failed in numerous cases to pursue a “thorough, fair and objective investigation” into claims, failed to come to “prompt, fair, and equitable settlements” and made settlement offers that were “unreasonably low.”
In announcing the action, Insurance Commissioner Ricardo Lara called the company’s claims handling “unacceptable” and said his department was taking “decisive action to hold them accountable.”
The state is seeking a “cease and desist” order to stop the insurer from engaging in unfair or deceptive practices.
It also has threatened to suspend State Farm’s license over the alleged violations, which each carry a penalty of up to $5,000 — or twice that figure if found to be willful. That could amount to a penalty of $2 million or more.
The threat to actually suspend State Farm’s license and its authority to write policies has been viewed skeptically by some, given its roughly 20% market share of the state’s home insurance market.
The company, which had an opportunity to include its responses in the exam report, denied fault in some cases and admitted fault in others. It often blamed problems on individual adjusters and denied systemic issues with its claims handling.
The petition filed by the wildfire survivor’s group criticizes the sample size of the market conduct exam as too small to capture all the alleged deficiencies in State Farm’s claims handling, which it claims are a “general business practice” of the company.
The group is seeking to conduct discovery, cross examine witnesses, present testimony from fire victims and bring more that 1,600 firsthand policyholder statements regarding State Farm’s practices into evidence, according to the petition.
It also wants State Farm to reopen cases in which claimants were paid too little, and it is seeking to participate in settlement discussions in order to increase any penalty State Farm would pay.
It calculated that a $2-million penalty would amount to a minute fraction of the assets of the State Farm Group.
“I submit to you that doesn’t defer bad conduct, it just allows you to continue to do it,” said Michelle Meyers, an attorney for Every Fire Survivor’s Network, at the news conference.
Consumer Watchdog, which has been a harsh critic of State Farm, also is providing legal support for victims’ effort.
Sevag Sarkissian, a spokesperson for State Farm, said the company was aware of the petition.
“We recognize that many wildfire survivors, including those that are State Farm General policyholders, continue to face difficult recovery challenges,” he said. “Our focus remains on helping customers recover.”
Michael Soller, a spokesperson for Lara, said the department is “acting with urgency to assist wildfire survivors in their ongoing recovery by investigating formal complaints filed by survivors and conducting the expedited market conduct exam that led to this enforcement action.”
He added that the department’s position is the state’s Administrative Procedure Act does not contemplate the commissioner or department staff authorizing intervention requests in the case.
He said that would be a hearing officer’s or administrative law judge’s decision when one is assigned to the case.
Meyers acknowledged the request was novel but said her reading of the law is that Lara can make the decision because no judge is yet assigned.
In response to the criticism, State Farm pledged earlier this year to improve its claims handling, including by providing single points of contact and improved communication so there are “fewer handoffs, fewer repeated explanations, and seamless support.”
It also named a new vice president of customer relations for State Farm General.
Business
Uber, California lawyers say deal reached to avert dueling ballot initiative showdown
The state’s trial attorneys and Uber say they have reached a last-minute deal to scrap their dueling ballot measures and avert what was gearing up to be one of most expensive battles of the November election.
The deal, which comes a day after both measures qualified for the November ballot, has Uber agreeing to bulk up safety measures, while the trial attorneys will limit how much they can claim for lien-based medical treatment of victims who get in Uber or Lyft accidents, according to spokespeople for both sides of the campaign.
“Both sides agree: Californians deserve a system that’s safe, fair, and accountable,” read a joint statement from Uber and the Consumer Attorneys of California, a powerful attorney trade group. “This agreement protects patients from unnecessary treatment or getting overcharged, ensures access to medical care and legal representation, and strengthens safety measures.”
The agreement, finalized Thursday, means the ride-share giant will kill its ballot measure to cap how much attorneys can earn in vehicle collision cases and limit medical damages to rates based on insurance. Uber has argued that the costs for medical treatment done on a lien, which allows doctors to get paid from a cut of the plaintiff’s payout, far exceed what it would cost if the victim had used their own insurance.
In return, the Consumer Attorneys of California will cancel its competing ballot measure that sought to increase legal liability for ride-share companies if a passenger is sexually assaulted by a driver. The measure followed an investigation by the New York Times into sexual assault by drivers.
Both sides had poured tens of millions into the campaigns, plastering billboards across Los Angeles.
Lawyers claimed the fight had turned existential with the measure threatening to decimate the profit margin of many personal injury cases and leave drivers with small or thorny cases unable to find an attorney willing to take their case.
Spokespeople say the deal is predicated on their agreement being codified into a bill within the next week. Otherwise, they said, each side will move forward with its ballot measure.
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