JOE GOLDEN—On November 6, 2025, the price of a ticket to see Practice at Playwrights Horizons depended on how a patron answered one question: do you identify as Black, Indigenous, or a person of color? Those who said yes paid $39. Kevin Lynch, who identifies as white, paid $90. Now, Lynch’s federal lawsuit against the Off-Broadway theater could determine whether arts organizations can employ diversity, equity, and inclusion programs without legal scrutiny.
According to the lawsuit, Playwrights Horizons promoted a “BIPOC Night” in which someone who identified as Black, Indigenous, or a person of color would use a discount code and be charged $39 for a performance of Nazareth Hassan’s Practice. Lynch did not utilize the discount. He alleges that he, and other non-BIPOC audience members, were “overcharged on account of race.” Lynch challenges Playwrights Horizons’ discount based on a federal civil rights statute, 42 U.S.C. § 1981, which guarantees the right for all people—regardless of race—to make and enforce contracts. He also alleges violation of New York State Human Rights Law, New York City Civil Rights Law, and New York City Human Rights Law. Lynch is seeking class certification on behalf of all those who paid full price on BIPOC Night, as well as declaratory judgment, compensatory and punitive damages, and attorneys’ fees. In response to the suit, Playwrights Horizons said, “This is a meritless lawsuit, and Playwrights Horizons intends to defend itself in court.” While the case remains in its early procedural stages, Playwrights Horizons will likely argue that there was no enforcement of racial classifications, and that anyone could use the promotional code regardless of race.
Discounts based on certain characteristics are not uncommon in theatre. For example, many Broadway shows offer discounted tickets for students. In recent years, theaters have attempted to invite certain racial groups to attend designated nights. Notably, there was an invitation-only performance of the London production of Jeremy O. Harris’s Slave Play in July 2024 solely for black audience members. The performance, called “BLACK OUT,” was designed so “an all-Black-identifying audience can experience and discuss an event in the performing arts, film, athletic, and cultural spaces – free from the white gaze.” This event was met with backlash, with Prime Minister Rishi Sunak stating that restricting audiences based on race is “wrong and divisive.” This controversy illustrates the tension that theaters face when implementing race-conscious programming.
This is not Lynch’s first time challenging DEI programs. Last June, he filed a complaint to the National Endowment of the Arts against Maestra, an organization that supports women and nonbinary musicians in theatre and film, and the New York State Council on the Arts. Maestra, in collaboration with the Musicians United for Social Equity (MUSE) and the Broadway production of Wicked, hosted an apprenticeship for aspiring music directors. The program was open to members of Maestra or MUSE—Maestra’s membership is limited to women and nonbinary individuals and MUSE’s membership was restricted to people of color. Lynch alleged that his denial from the program was a violation of his civil rights, citing the Supreme Court’s ruling in Ames v. Ohio Dept. of Youth Services to affirm that majority-group plaintiffs are entitled to equal protection under Title VII.
The lawsuit against Playwrights Horizons is being supported by Edward Blum. Blum gained notoriety for his participation in lawsuits challenging race-based admissions in higher education. Notably, he founded the Students for Fair Admissions, which prevailed against Harvard University and the University of North Carolina in the landmark Supreme Court case Students for Fair Admissions v. Harvard. The Court in this case ruled that affirmative action programs in higher education violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act. Blum continues to fight against race-based programs across the country. He is currently the president of the American Alliance for Equal Rights (AAER), an organization dedicated to “challenging distinctions made on the basis of race and ethnicity.” In the past two years, the AAER has filed 21 lawsuits alleging discrimination against white people, including against the American Bar Association’s Legal Opportunity Scholar Fund and a Smithsonian Institute’s National Museum of the American Latino internship program.
Lynch’s lawsuit emerges from the backdrop of attacks on DEI from Washington D.C. On the first day of his second term, President Donald Trump signed the executive order “Ending Radical And Wasteful Government DEI Programs And Preferencing,” which ended DEI programs in the federal government. The next day, he ordered all agencies to combat private sector DEI initiatives. This political environment has created a more receptive climate for litigation challenging DEI programs, with organizations like AAER systematically targeting programs that likely would have faced little scrutiny a few years ago.
While Lynch will not be the last person to challenge DEI initiatives, this case has drawn attention from theaters and audience members nationwide. The outcome will determine whether cultural institutions can use race-conscious pricing to increase access to art, or whether civil rights laws enacted to combat exclusion will prohibit such efforts. In a political climate increasingly hostile to DEI initiatives, Lynch v. Playwrights Horizons may prove to be just the opening act.
