A federal judge shot down a request by several of the nation’s largest movie theater chains to quickly force open cinemas in New Jersey, currently closed under a series of statewide orders enacted in response to the COVID-19 pandemic.

U.S. District Judge Brian Martinotti said he would allow the proceeding to go forward, but not until Aug. 4.

The suit was filed earlier this month by venues including AMC Theaters, Cinemark USA, Regal Cinemas and Bow Tie Cinemas, seeking to lift the order in New Jersey forcing them to stay closed.

Those theaters, in their filing, said that other places of public assembly – like churches and other religious buildings – were allowed to reopen. Theaters are no different, the suit contends, and those chains, along with the National Association of Theatre Owners, say that the mandate for them to stay closed indefinitely violates their first amendment liberties.

“The government-mandated total closure of movie theaters is neither fair nor reasonable,” reads the suit.

The theater operators argued they have considerable plans in place to ensure that reopenings do not carry with them the risk of COVID-19 infection, such as required face coverings, sanitization and social distancing.

It is noteworthy that, as plaintiffs file the application, states that initially ordered the re-opening of indoor movie theaters have once again ordered their closure in response to rising COVID-19 infection numbers.

— U.S. District Judge Brian Martinotti

New Jersey’s theaters “continue to suffer loss of revenue and profits due to defendants’ shutdown orders.”

Gov. Phil Murphy announced shortly after July Fourth weekend that he would pause the reopenings of any other businesses, such as movie theaters and indoor dining, citing a national resurgence of the virus and the slow spread within New Jersey.

Martinotti questioned why theaters hadn’t filed the suit soon after the order mandating their closure was signed in early March.

The order would not be immediately lifted, he added, because the theaters hadn’t taken advantage of the “ample opportunities” since then to file a suit.

And despite the suit’s argument that theaters in New Jersey were losing business to any one of the 35 states that allowed their theaters to reopen, many have since re-ordered their closure amid a COVID-19 resurgence.

“It is noteworthy that, as plaintiffs file the application, states that initially ordered the re-opening of indoor movie theaters have once again ordered their closure in response to rising COVID-19 infection numbers,” Martinotti said.

The theater owners, as well as the offices of Murphy and State Health Commissioner Judith Persichilli, have until the end of the month to file their briefs, followed by the Aug. 4 hearing.