How a typical employer in weddings, events and production services operates
A wedding and event business sells a date, a room and a guest count; a production company sells shoot days. Every revenue line in this industry is booked six to eighteen months ahead against those variables, and every order in the State table on this page changed at least one of them by law. The industry is not a single trade but a vendor chain assembled anew for each event: the planner contracts the venue, the caterer, the florist, the photographer, the band and the rental company for one date, and a cap of ten, twenty-five, fifty or twenty-five percent on that date is a cancellation or a rebooking of the entire chain. Its twelve functions are described below in the operational terms an order can reach: what happens, where, with whom and on what inputs. The figures are public statistics and trade publications cited by exhibit identifier.
The class
The industry comprises wedding and event planners and coordinators and convention and trade-show organizers (NAICS 812990 and 561920); banquet halls, event venues and caterers (NAICS 722320 and the venue and banquet operations of NAICS 531120, 713940 and 721); florists and decor firms (NAICS 4531, 459310); photographers and videographers (NAICS 541921, 541922); disc jockeys, bands, musicians, entertainers and their agents (NAICS 711130, 711510, 711410); staging, lighting, sound and audio-visual companies and tent, table and equipment rental firms (NAICS 532490, 561920, 711310, 711320); and film, television and commercial production companies and their vendors (NAICS 512110, 512191, 512199).1 Congress described the class in two statutes: the Shuttered Venue Operators Grant of December 27, 2020 names the "live venue operator or promoter, theatrical producer, or live performing arts organization operator ... or a talent representative," and the Restaurant Revitalization Fund of March 11, 2021 names the "caterer."2 The public record measures the industry's collapse and the timing of its restoration: performing arts, spectator sports and related industries revenue fell 57.3 percent quarter over quarter in the second quarter of 2020; real value added in performing arts fell 37.9 percent in 2020, with promoters "the leading contributor to the decrease"; information-sector employment fell 254,000 in April 2020, "driven by a decline in motion picture and sound recording"; the average 2020 wedding had 66 guests against 131 in 2019, 47 percent of 2020 weddings or receptions moved to 2021 or later and 93 percent were "adjusted to comply with local event restrictions or rescheduled"; the 2021 average was still 105 guests with 27 percent of 2021 weddings postponed from 2020; and Los Angeles permitted shoot days fell 54.5 percent in the third quarter of 2020.3
PL, planning and coordination
The planner or producer sells consultation, design, vendor contracting, the timeline and day-of coordination, for a fee of ten to twenty percent of event spend or a flat rate; the convention and trade-show organizer sells the exhibitor floor, the registration and the program. The work happens in a small office and at the venue, with the couple or the corporate customer, and its inputs are the venue's contract, the caterer's minimum, the guest list and the permit. An order that caps the guest count, closes the venue, requires a plan to be filed with a health department seventy-two hours or five days ahead, requires sign-in of every attendee, or requires the organizer to verify every guest's vaccination reaches this function in terms; New York's rule of March 15, 2021 addressed "event organizers (i.e., planners and producers)" by that phrase, Indiana's order of July 16, 2020 defined a "social gathering" to include a wedding, family reunion, party, banquet or conference, capped all gatherings and meetings at 250 and required every event above that figure to proceed only under a plan submitted seventy-two hours in advance, and Utah's orders of November 2020 through May 2021 permitted a social gathering only where "the social gathering has an event host" who enforced the face-covering, physical-distancing and signage requirements the orders imposed on every hosted event.4
VN, venues and banquet spaces
The venue sells room rental, a food and beverage minimum, bar packages and ceremony fees; the hotel ballroom, the country club, the museum, the convention center, the fairground and the barn do the same. The room's revenue is its seated capacity on its booked dates, and it employs banquet servers, bartenders, set-up crews and sales staff. Every gathering cap, every percentage-of-occupancy rule, every closing hour and every closure of banquet halls, ballrooms and event centers by name (Florida's first closure order of March 20, 2020 listed "banquet halls" beside bars and nightclubs; North Dakota's order of November 13, 2020 limited "banquet, ballroom and event venues" to twenty-five percent; Illinois' Tier 3 order of November 18, 2020 closed "meeting rooms, banquet centers, private party rooms, private clubs" to gatherings of any size; Ohio's orders of May 29 and November 15, 2020 regulated "wedding receptions" under "Banquet & Catering" rules and then subjected "wedding receptions, funeral repasts and other events at banquet facilities" to no socializing in open congregate areas, seating, face coverings and no dancing) reached this function directly.5 The convention authorities that own the largest rooms closed them by their own acts: the Javits Center had "no events since March 10th" and became a medical station and then a vaccination center; McCormick Place was "closed since March of 2020" until July 2021; the Pennsylvania Convention Center was closed from March 2020 to June 2021; the Boston Convention and Exhibition Center became a field hospital on April 10, 2020 and hosted its first public convention on September 3, 2021.6
FL, florists and decor
The florist sells personal flowers, ceremony and reception decor and rentals, from a retail shop or studio, on flowers imported largely from Colombia, Ecuador and the Netherlands through Miami and bought at wholesale markets that closed with non-essential retail in the spring of 2020. Its wedding and event line moves with the guest count and the venue calendar; its retail line closed with non-essential retail between March 19 and April 3, 2020 in the stay-at-home States and reopened curbside and then at twenty-five to fifty percent. The function was reached by the gathering caps through the cancellations they compelled, by the retail closures, by the federal entry and cargo instruments on imported product and, in the third quarter of 2021, by the indoor face-covering orders of seven States and the District, workplace infection-prevention and exposure-control requirements that reached every florist's shop and, in Louisiana, Oregon, Illinois and Washington, placed on the shop an express duty to enforce them against its staff and customers, and by the vaccination-proof conditions on the venues that receive the flowers.7
PH, photography and videography
The photographer and videographer sell coverage packages, albums and second shooters, delivered at the venue on the event date and edited in a studio afterward. The function's revenue is the number of events shot; an event cancelled or capped by order is a shoot cancelled or rebooked. In 2021 the photographer entering an indoor venue in New York City, San Francisco or New Orleans was a "contractor" who could not enter without proof of vaccination; in Los Angeles County production photography proceeded only under the Health Officer's Appendix J.8
EN, disc jockeys, musicians and entertainers
The disc jockey, band, ceremony musician and entertainer sell the ceremony, the cocktail hour and the reception, at the venue, before a dancing crowd. Orders that prohibited dancing (Nebraska's phases of June and November 2020: receptions "with six-person parties and no dancing," then eight-person parties with "dancing only at tables"; Ohio's November 2020 banquet conditions; New Jersey's closure of dance floors until May 7, 2021), that capped the crowd, that placed the performer under the venue's face-covering and exposure-control rules or exempted the nonresident performing artist only while performing (New York City's Emergency Executive Order 250; Oregon's indoor face-covering rule), that conditioned unmasked attendance at events of 4,000 or more on proof of vaccination (Nevada's Directives 049 and 050), and that governed every touring flight (the CDC conveyance order and the TSA directives) and every foreign artist (the entry proclamations to November 8, 2021) reached this function.9
AV, staging, lighting, sound and rental
The staging and rental company sells stage, truss, lighting, sound, LED walls, tents, tables, linens, generators and labor, delivered by truck from a warehouse and installed by stagehands and riggers at the venue, fairground or convention hall. Its inventory comes from manufacturers in Michigan, Pennsylvania, New York and New Jersey and abroad, plants closed by order in the spring of 2020. Its largest annual bookings are the State fairs, festivals and conventions; the fair boards of Oregon, Ohio, Minnesota, Iowa, North Carolina, Kansas and Missouri cancelled the 2020 fairs, Illinois cancelled its by executive order and Vermont cancelled its fairs and festivals by order, and the convention authorities closed their halls for twelve to eighteen months.10 The crew on site worked under every indoor face-covering order and the screening, distancing and enforcement duties the same orders placed on the employer, and the size and terms of every show it built were fixed by the mega-event and verification rules of California, Washington, Nevada, Los Angeles County and King County in 2021.
FP, film, television and commercial production
The production company sells development, pre-production, principal photography (shoot days) and post-production to studios, networks, streamers, advertisers and agencies, on location and on stages, with a per-shoot crew of grips, electricians, camera, sound, hair and make-up, wardrobe, catering and drivers. The product moves in interstate and international commerce. Los Angeles County's Safer at Home order "closed the region to on-location filming until further notice" on March 20, 2020, and the County reopened production on June 12, 2020 only under the Health Officer's Appendix J, "Protocol for Music, Television and Film Production," which every later County order carried and which remained the County's production protocol through the third quarter of 2021; New York closed media production, which stood outside the essential list, under Executive Orders 202.6 and 202.8 and reopened it only under the Department of Health's Interim Guidance for Media Production, under which offices, construction, hair and make-up, food service and location scouting were each bound by the corresponding sector guidance; Illinois permitted production from May 29, 2020 only under Department of Commerce guidance made binding by executive order; and every other production State closed production with its stay-at-home and non-essential closure orders and reopened it under the general gathering, capacity and workplace infection-prevention and exposure-control orders.11
MK, marketing, bridal shows, showcases and industry events
The industry sells itself at bridal shows, venue open houses, showcases and industry conferences, and it sells corporate and association meetings, galas, conventions, festivals and fairs on the same vendor chain. Every gathering cap, permit refusal, venue closure and convention-center conversion reached this function; in the third quarter of 2021 Hawaii's caps, the vaccination-proof orders of four cities, Nevada's condition on conventions of 4,000 or more and Savannah's revocation of every event permit governed it.12
HR, hiring, credentialing and permits
The industry hires a large day-of and per-shoot labor force through agencies, union locals and referral networks; it obtains film permits, special-event permits, tent and pyrotechnic permits, catering and special-event liquor permits and, for its customers, marriage licenses. FilmLA and the New York City Mayor's Office of Media and Entertainment stopped issuing film permits in March 2020; the District of Columbia provided that special-event permits would not be considered during the public health emergency; Savannah revoked every event permit on City property from August 24 to September 30, 2021; Tulsa and Providence required health-department plans or City approval for events above stated sizes; New Jersey's Division of Alcoholic Beverage Control created temporary expansion permits on June 3, 2020 and extended them to November 30, 2022; and the State Department suspended routine visa services worldwide from March 20, 2020 while the entry proclamations kept foreign cast, crew and touring performers out until November 8, 2021.13 From August 2021 the vaccination-proof orders of New York City, San Francisco and New Orleans bound every employee and contractor of a covered venue, and the health-care, school and public-employee mandates of more than twenty States competed for the same part-time labor pool.14
OP, offices and administration
The planner's, agency's, venue's and production company's offices closed or moved to telework under the telework mandates of New Jersey (to June 4, 2021), New York, Pennsylvania (to May 31, 2021), California, Washington, Minnesota, Illinois and Kentucky and under the stay-at-home orders of every closure State; the permit, licensing and clerk offices on which the industry depends closed to walk-in service; and every order of every quarter compelled administrative work no law otherwise required: guest-list and sign-in records, health-department notices, event plans, occupancy calculations, verification protocols and signage, and refund processing for every cancelled and rebooked date.15
WF, workforce availability
The industry's labor is night-and-weekend labor: banquet servers and bartenders, stagehands and riggers, drivers and warehouse staff, freelance photographers, musicians and disc jockeys, hair and make-up artists, production assistants, grips and electricians. School and child-care closures of 2020 and the school airborne-transmission and quarantine orders of the 2021-22 year (universal face coverings in every school building and quarantine of exposed students and staff) fell on a workforce that works when schools are closed; the quarantine and isolation orders of every State and county removed exposed staff for ten to fourteen days; the FFCRA leave mandate governed every employer under 500 employees through December 31, 2020; the CDC conveyance order and TSA directives imposed airborne-transmission controls, universal masking enforced by the carrier's duty to refuse boarding, on every commute and every touring flight from February 1, 2021 through the third quarter of 2021; and in 2021 the vaccination-proof orders of New York City, San Francisco, New Orleans and Los Angeles County bound employees and contractors as well as patrons.16
CB, the customer base
The industry's customers are couples and families living under their own States' stay-at-home, travel-quarantine and gathering orders; corporate, association and nonprofit customers under telework mandates and event-cancellation policies driven by the same orders; and studios, networks and advertisers whose productions the county and State orders closed. A destination wedding in Hawaii, Las Vegas, New Orleans or Charleston drew guests from States whose orders confined them and into a State whose traveler-quarantine order confined them on arrival; the interstate quarantine orders of New York, Connecticut, Massachusetts, Hawaii, Alaska, Maine, Vermont, Rhode Island, New Mexico, Kansas, Pennsylvania and Chicago, with New Jersey's parallel travel advisory (an advisory, cited as context for the tri-State regime), removed the out-of-State guest from every reception in those jurisdictions for the periods they ran.17 Florida's, Texas's, Arizona's, Iowa's, Tennessee's and Montana's vaccination-documentation bans forbade venues in those States to adopt the entry conditions that New York City, San Francisco, New Orleans, Los Angeles County and King County required: orders limiting commerce in both directions.18
Seasonality and geography
Weddings concentrate in May and June and in September and October; proms, graduations and galas in the spring; corporate meetings and conventions in the spring and fall; fairs and festivals from June to September; holiday parties in December; film and television production runs year-round with pilot season in the spring and premieres in the fall. The orders struck each season in turn: the March 2020 closures took the spring wedding and prom season and every spring convention; the June to September caps of ten to fifty took the summer season and the 2020 fairs; the November 2020 to January 2021 re-tightening took the holiday party season by name; the spring 2021 caps of ten to 150 with testing took the 2021 spring season; and the Delta-wave orders of August and September 2021 fell on the fall wedding and convention season in New York City, San Francisco, New Orleans, Los Angeles, Las Vegas, Honolulu and Seattle.19 The industry's largest markets are the markets whose orders ran longest: New York, New Jersey, California, Illinois, Massachusetts, Pennsylvania, Washington and Hawaii released the industry between May 19 and December 1, 2021, and the film and television industry is concentrated in the two jurisdictions, Los Angeles County and New York, whose production protocols bound it from June 2020 through 2021.20
The counterparty map
For each counterparty class, the orders that reached it are catalogued in the layers section below and are orders limiting commerce, travel or group meetings under the statute's text and the logic of the Notice's own Q&A-12: (1) couples, families and corporate customers: the stay-at-home orders of forty-two States and territories, by the CDC's count (Ex. LAW-201), the gathering caps of all fifty-one, the traveler quarantines and the 2021 vaccination-proof entry orders (the fifty States and the largest metros); (2) venues, hotels, caterers and restaurants: the closure, capacity, seated-service, closing-hour and banquet orders (the fifty States; the sector regulators); (3) alcohol regulators: catering and special-event permit rules, closing-time guidance and permit suspensions (the sector regulators); (4) studios, networks and unions: the County and State production protocols (the sector regulators); (5) municipal permit offices and clerks: film-permit suspensions, special-event permit refusals and revocations, marriage-license counter closures (the counterparties); (6) fair boards, park districts and convention authorities: cancellations and closures (the sector regulators); (7) airlines, hotels and rental-car companies: the federal conveyance, security-directive, entry and land-border instruments and the State traveler quarantines (the federal layer and the ecosystem); (8) schools and child care: the closure, remote-learning, face-covering and quarantine orders on the workforce's children (the ecosystem); (9) manufacturers and importers of rental inventory and flowers: the plant closures of the closure States and the federal border and cargo instruments (the ecosystem).21