Apple Studios is facing a discrimination lawsuit after withdrawing an offer to actor Brent Sexton for a role in the miniseries “Manhunt” due to his refusal to receive the COVID-19 vaccine. Los Angeles Superior Court Judge Michael Linfield has ruled against Apple’s motion to dismiss the lawsuit on free speech grounds, finding that the company’s mandatory vaccination policy may have been unconstitutional.
The judge’s order, issued on October 19, is significant as it advances a lawsuit from an actor who objected to a studio’s refusal to accommodate his decision to reject the COVID-19 vaccine. The order recognizes a distinction between the government’s power to enforce vaccinations and a private company’s voluntary implementation of a vaccinate-to-work policy.
Sexton had accepted a role to play Andrew Johnson in “Manhunt” and was set to be paid $85,000 per episode with a seven-episode minimum. At the time, Apple Studios did not require vaccinations for its corporate and retail employees, allowing them to undergo daily or weekly COVID-19 testing instead. However, as is common in Hollywood, the studio mandated vaccines for the main actors and key crew members working in high-risk areas of the set.
Sexton’s deal fell apart after he refused to receive the vaccine, citing a prior health condition that his doctor said made it dangerous for him. He filed a lawsuit against Apple, arguing that the company’s vaccine policy was unconstitutional. In his ruling, Judge Linfield found that the case should not be dismissed under California’s anti-SLAAP statute, which protects free speech from frivolous lawsuits. He noted that the context of the pandemic was different in 2022 compared to the previous year when Sexton’s offer was withdrawn.
A crucial factor in advancing the lawsuit was Sexton’s medical condition, which prevented him from receiving the vaccine. His doctor provided a letter recommending against vaccination, highlighting the risk of thrombocytopenia and blood clots, which Sexton was already suffering from. The judge emphasized that Sexton had demonstrated evidence that he could have safely worked on the production set if he had undergone daily COVID-19 testing.
Apple Studios argued that Sexton would not have been able to adequately perform his role as President Andrew Johnson while wearing a mask. The judge dismissed this argument, stating that no one was suggesting the actor should appear wearing a mask in the role.
The outcome of this case could have implications for other actors who have sued over vaccine mandates. Ingo Rademacher, a long-time actor on “General Hospital,” filed a lawsuit against ABC for denying his religious exemption. However, his lawsuit was dismissed in June. These cases highlight the ongoing legal debate surrounding vaccine mandates in the entertainment industry.
It is important to note that while this ruling allows the discrimination lawsuit to proceed, it does not determine the ultimate outcome of the case. Apple Studios has not yet responded to requests for comment on the ruling.
Overall, this ruling has the potential to shape the conversation around vaccine mandates in the entertainment industry. As more productions implement vaccination requirements, the rights of individuals with medical conditions or other objections to vaccines will continue to be tested. The outcome of this case could have wider implications for how studios navigate these issues and accommodate actors who cannot or choose not to receive the COVID-19 vaccine.
