Emagine theater in Birmingham changes teen policy

Emagine Entertainment — which faced both praise and scorn after it banned unaccompanied teens who are not members from its Birmingham theater  — has changed its policy, just before the traditional release of the holiday movie blockbusters.

The new policy, announced today, will allow unaccompanied teens in the theater if parents sign a code of conduct.

"All we have ever sought to do is to operate the venue in a genteel and civilized fashion free of misbehavior and untoward disturbances perpetrated on innocent guests," Emagine CEO Paul Glantz said. "Our new policy gives us confidence that we’ll achieve that goal by requiring that a nonmember teen’s parent accept responsibility for his or her child’s behavior in our venue.”

The American Civil Liberties Union — which called the policy change a "significant step in the right direction" — was among the most outspoken critics of the teen ban, alleging it was illegal.

The new code-of-conduct agreement, which is available online and at the theater, says a teen's parent agrees to pay for any damages and prohibits a long list of behaviors, including talking and communicating "in any manner that disturbs other guests," using a cell phone or pager to text, putting their feet on another seat, kicking seats, bringing in food or beverages not purchased there, and dressing "in an inappropriate manner."

What is appropriate, the agreement said, is left up to the "sole and exclusive judgment of Emagine management."

The agreement allows the theater to expel teens who don't follow the rules with no refund.

Glantz said the restrictive policy, which limited access to teens younger than 18 who were not members and not accompanied by an adult, was put in place last month after a half-dozen teens were talking loudly and annoying guests during a movie in the newly renovated theater.

Emagine theater in Birmingham bans unaccompanied teens

The theater, which Glantz said reopened in October to sellout crowds, features a casual-fare restaurant, a bar with drink delivery service, and bigger, reclining seats.

For $350 a year, it offers households memberships, a country-club concept that gives the moviegoers preferential benefits, such as advance ticket sales.

At the time, Glantz called the teen ban "tough love."

Today, his tone was more conciliatory.

"I'd like to believe I spend as much time listening as I do talking," he said. "As much as I don't agree with the approach the ACLU took, I can see where folks could construe our policy in such a fashion, and so to avoid even the perception we were doing something untoward I thought it was appropriate to modify our policy to embrace guests of all ages."

The teen ban fanned people’s passions on social media and raised the question whether, in the long run, the decision makes the theater more appealing as a luxury destination for adults or cuts off a lucrative customer, the young moviegoer.

The ACLU, a nonprofit civil rights group, sent a strongly worded letter decrying the policy.

"Discrimination against teens based on blanket stereotypes is not only wrong, it is illegal," the letter said, urging that the policy be repealed because teens "should be able to watch a film without being targeted because of their age or banned because their families may not be able to afford a pricey annual membership."

Robert Sedler, a law professor at Wayne State University, said the controversy was not a constitutional issue because the theater is a private business.

But, he said, it could be challenged under state law.

Still, if a case did go to court, the legal scholar speculated the theater would likely prevail.

Glantz, who defended the original policy, said the decision to make the change was unrelated to ticket sales and the release of blockbusters.

"But, I don't think it can hurt," he said, pointing out the policy change comes just in time for the release of "The Hunger Games: Mockingjay — Part 2," the final sequel in a series popular among teens. "We look forward to serving a large contingent of well-behaved young people.”

Contact Frank Witsil: 313-222-5022 or fwitsil@freepress.com.