Not Another Boss Baby Movie! Boss up, lawyer up Netflix...you're Being Sued

Actor Sues Netflix Over COVID-19 Work Conditions

Media-streaming giant, Netflix, Inc. has found themselves among the latest defendants in court as actor Timothy Hearl has sued the company over COVID-19 work conditions. Hearl worked as an actor on the Netflix production of Stranger Things: The Drive-Into Experience.

The production serves as a drive-in live entertainment show inspired by the hit Netflix series which is currently pending its unannounced fourth season. The goal of the event is to function as a live-action counterpart to the plot of the popular science-fiction horror show. Fans can drive thru this production in the safety of their own car where they will witness live enactments of the show. By turning on their radio audio will output through each person’s car FM signaling to present a full immersive drive-into experience emulating characters and scenes of the show.

The hour-long drive-in began on October 28, 2020 and will end on June 30, 2021. Ticket prices start at $59 for 2 people in one car and is recommended for ages 13+.

The Netflix show Stranger Things is set in the 1980s in a fictional town of Hawkins, Indiana and focuses on the investigation into the disappearance of a young boy (Will Byers) amid supernatural events occurring around the town, including the appearance of a girl with psychokinetic abilities. The show introduces viewers to a government agency ran supernatural world and characters of the show go on a mysterious journey in this world. The drive-in experience will highlight creatures from the show and allow event goers to feel a part of the fictional town Hawkins, Indiana.

Stranger Things: The Drive-Into Experience is located at ROW DTLA which is in Downtown Los Angeles. The City of Los Angeles has approved such a large event as the city’s Coronavirus cases continue to track down, and as long as CDC guidelines are followed.

The event’s website presents a disclaimer that reads, “The City of LA's Targeted Safer at Home Order issued on December 2 and the County of LA Department of Public Health protocols both allow experiences and events like this drive-in. We comply with the requirements of both, and you are permitted to travel to and from the experience.” So, with this disclaimer and compliance to CDC guidelines how could Netflix be in the wrong, and why is Timothy Hearl suing?

Timothy Hearl signed on to initially play the role of a Demogorgon, a monster from the series’ Upside Down realm before he was then reassigned to play a character who wears a Hazmat suit. Hearl complained to show superiors about the lack of ventilation and expressed other safety grievances. Shortly after his complaints to show executives Hearl was fired. Upon his firing he then filed a complaint to the California Occupational Safety and Health Administration about unsafe indoor rehearsals and getting sick from inhaling car exhaust, a violation of California's Whistleblower Retaliation statutes.

According to The Hollywood Reporter, Timothy Hearl is suing not only Netflix, Inc., but companies Secret Cinema and Empyrean Production Services as they are co producers on the Stranger Things Live event. A spokesperson for Empyrean Production Service spoke with The Hollywood Reporter and gave comment that “the safety of fans and team members has remained the highest priority since the inception of the “Stranger Things: The Drive into Experience.” The Hollywood Reporter also notes from the spokesperson that “there are robust measures in place to protect the health and well-being of everyone on site, and we’re proud that these protocols have resulted in an excellent safety record.”

Significantly enough this is not the first time the show’s name has been in the middle of legal action. In early 2019, Charles Kessler drew a lawsuit against show creators and brothers, Matt and Ross Duffer over claims of plagiarism of the show’s concept. Suddenly Kessler withdrew his suit five days before the case was set to go to trial at Los Angeles County Superior Court claiming that after receiving expert legal advice and further consideration what he believed to be his work was not used after all for the creation of Stranger Things.

There is no word yet on when Timothy Hearl will have his day in court, but it is anticipated the trial will not see light in Los Angeles County Superior Court until late 2021 as the Coronavirus pandemic has slowed the legal process.

With COVID-19 cases continuing to track down in Los Angeles County more Hollywood productions are expected to resume through late spring, peaking in the summer months with fall anticipated premiere dates.

See this chart for New reported COVID-19 cases in Los Angeles for 2021 as the trend is down and will cause more Hollywood productions to resume in Los Angeles, CA.

Data obtained from County of Los Angeles Public Health