TESTIMONY, remarks & letters

March 1, 2024 Testimony of Cristyne L. Nicholas, Chair of the Broadway Association, at the MTA Central Business Tolling Program Public Hearing

My name is Cristyne Nicholas and I am testifying as Chair of the Broadway Association, a 113-year-old business group that traces its start to the New York transit system.

We suggest a phased approach to congestion pricing, especially since when the plan was first proposed, our economy was thriving, fueled by 5-days a week workers and record tourism.   

While tourism has made great strides since the pandemic, theater attendance is down 20% and our tourism economy has not fully recovered. 2019 welcomed a record 66 million visitors. Yet, last year, we welcomed 5 million fewer visitors and $2 billion fewer dollars. 40% of tourists are tri-state day trippers, many arriving by bus or car. 

These visitors are savvy, and will look for the cheapest way into town by toll shopping. For example, a family from Long Island who would normally take the Midtown Tunnel will join thousands of cars that hop off the LIE at Van Dam Street to take the free 59th Street Bridge to avoid being tolled twice. 

Want to avoid the Brooklyn Battery Tunnel? Opt for one of the 3 free Brooklyn bridges. Up north, many bridge shop by taking the FREE Broadway Bridge to avoid the Henry Hudson Bridge toll or the FREE Third Avenue Bridge to avoid the Triboro Bridge toll.

Toll shopping is expected to increase so much because of congestion pricing, that the traffic will not be mitigated, but simply shifted to the borough crossings, increasing traffic, and pollution in high asthma neighborhoods.

We agree the MTA needs better funding, but we think there is a better path forward. Manhattan is an island, and it has the opportunity to toll all of its crossings. Let’s say at the same price of a metro card, which will end toll shopping, and eliminate the need for carve outs.

Modest tolls into Manhattan, instead of a huge $15 dollar fee punishing one neighborhood, will likely raise more than $1 billion a year, yet with less pain. To ease midtown traffic, continue with congestion pricing, but we suggest at the price of bus fare, $3.00 off peak and double it to $6.00 during peak hours. This is a more equitable solution. 

Many of the 340,000 hospitality workers who help make us a 24-7 city, with a robust nightlife, drive because they live in transit deserts like North Jersey, Staten Island, Rockland, Orange and the Hudson Valley, with no access to late night or early morning public transportation. Congestion fees could cost up to $5,000 annually, making working in Manhattan less desirable.

Congestion pricing should honor off-peak hours, like commuter rail lines.

In principle, we support congestion pricing as a traffic mitigation measure. However, the plan as is, will hurt more than help with New York’s recovery.

May 16, 2022 Remarks of Cristyne L. Nicholas, Chair of the Broadway Association, at the MTA Press Conference for 42nd Street- Times Square Accessible Station Improvements

Thank you, Chairman Janno Lieber and the MTA team for inviting me to be here today. As Chair of the 111-year old Broadway Association, which was founded by New York business leaders advocating for safer transportation, I applaud the MTA on the new and improved 42 St- Times Square subway station, to provide better accessibility for those traveling to the crossroads of the world, and will allow New Yorkers and visitors alike to easily experience the bright lights of Broadway.

The businesses in Times Square and Broadway are key economic drivers for our city. As peak spring and summer travel season begins, these improvements will help New Yorkers to get to work on time and the 13 million theater patrons arrive before the curtain rises at one of the 36 shows currently running, including wicked…and THRILLED to point out Broadway star Brittney Johnson, went from stand by to center stage as the first black Glenda in Wicked is here with us, to help get New York back on track.

The Broadway Association looks forward to working with the MTA on continued accessibility and betterment in Times Square. Thank you. 

May 5, 2021 Testimony of Cristyne L. Nicholas, Chair of the Broadway Association, in Support of Intro 1811: Hearing of the Committee on Transportation

Thank you, Chair Rodriguez. My name is Cristyne Nicholas and I am testifying on behalf of the Broadway Association, of which I am Chair, in support of Intro 1811.

The Broadway Association is the 110-year old not- for-profit organization dedicated to the cultural and economic betterment of Midtown West, which comprises the Broadway Theater District. The Association works together with other civic, cultural and business organizations to foster a climate that has ushered in the development renaissance within the community and also serves as a resource of support during these unprecedented times.  

 The Broadway Association has a distinguished history of speaking out when a particular issue negatively affects our district and one of, if not our core issue, is quality of life, not just for our membership, but for those coming through the Crossroads of the World every single day. Especially as we begin to re-open New York City, the well-being of those within the Times Square area, which pre-pandemic, totaled over 400,000 individuals daily, is vital to the recovery of tourism, as well as ensuring that every person, whether visitor or worker, feels welcomed and safe. 

 In 2016, the Broadway Association was vocal in our support of Local Law 53, which created the Pedestrian Flow Zones and Designated Activity Zones in Times Square, where commercial activity including ticket selling, street performances and costumed characters posing for photos or other activities, would be the only place that this type of activity would be allowed to occur. Yet, according to a survey conducted by the Times Square Alliance in 2019, 47% of New Yorkers had been aggressively accosted by costumed characters or solicitors outside of these zones. We completely support the clarification of existing regulations that state that any solicitation must take place in the Designated Activity Zone and that these individuals adhere to all permit requirements.

We are also in support of DOT expanding the Pedestrian Flow Zones in the Broadway Theater District, to allow for safe movement of Broadway patrons entering and exiting theaters during peak performance times. As unregulated commercial activity has spread to West 42nd Street between 7th and 8th Avenues, where there are currently no Designated Activity Zones, we must ensure that there is no crowding that forces pedestrians to walk in the street, causing dangerous conditions with oncoming street traffic.  

I want to thank Speaker Johnson and Council Member Powers for their continued leadership and efforts regarding Intro 1811. The Broadway Association looks forward to working with City agencies, elected officials, the Times Square Alliance, the Broadway League and other area stakeholders to ensure the implementation of these regulations, as it is now, more than ever, essential that we proactively continue to focus on the safety of visitors coming back to the bright lights of Times Square and Broadway. 

 

March 19, 2021 Letter to Senators Skoufis and Hoylman in Support of NY Senate Bill S4862

Dear Senators Skoufis and Hoylman:

On behalf of The Broadway Association, I write to express our full support of Senate Bill S4862, which establishes a New York City musical and theatrical production tax credit. Given the current economic realities inflicted on the theater industry, it is more important than ever to restore vitality back to one of the most important cultural and economic assets of New York City.  

The Broadway Association, now in its 110th year, is devoted to the cultural and economic betterment of Midtown West, which comprises the Broadway Theater District. Our members include property owners, hotels, advertisers, unions, civic associations, theater companies, developers, banks, law firms, airlines and publishers. The Broadway Association has served as a resource of support during these unprecedented times.  

Prior to the pandemic, Broadway theaters supported 96,900 local jobs and contributed $14.7 billion to New York City’s economy, and this figure is on top of ticket sales. Broadway attendance in the 2018-2019 season reached 14.7 million, larger than all 10 NYC-metro sports teams’ attendance combined. While Broadway’s attendance in the 2018-2019 season was divided between locals (35%) and tourists (65%), 8.5 million theatergoers listed Broadway as a very important reason they came to New York City. Attendance by domestic tourists outside of the NYC-metro area doubled between 1999 (3.4 million) and 2019 (6.8 million).  It is clear that Broadway is one of the largest tourism drivers in New York City and was rapidly growing.

These figures do not even account for all the off-Broadway and other live theater experiences throughout the City, that would benefit from this legislation. An industry that is so central and iconic to New York, has been decimated unlike any other during the pandemic.  Theatrical performers, ushers and stagehands cannot work remotely. Broadway houses offer a live theater experience that cannot be found anywhere else in the world, but unfortunately have remained dark for over a year.

While the vaccine rollout is good news for the industry, the light at the end of the tunnel is still distant.  It will take important measures and partnerships with government, such as S4862 becoming law, to bring back New York’s vitality. New York will never be “back” unless Broadway is back. We urge you to help move this legislation forward and The Broadway Association offers our assistance in any way possible.  Thank you for your consideration.

Thank you,

Cristyne L. Nicholas, Chairman

The Broadway Association

January 7, 2021 Testimony of Cristyne L. Nicholas, Chair of the Broadway Association, in Support of the Cort Theatre Land Use Application

Good morning and thank you, Chair Moya. My name is Cristyne Nicholas and I am testifying today on behalf of the Broadway Association, of which I am Chair, in support of The Shubert Organization’s land use application for the historic Cort Theater’s rehabilitation and expansion.

The Broadway Association is a 110-year old not- for-profit organization dedicated to the cultural and economic betterment of Midtown West, which comprises the Broadway Theater District.  The Association works together with other civic, cultural and business organizations to foster a climate that has ushered in the development renaissance within the community and also serves as a resource of support during these unprecedented times.  

In its current state, the Cort Theatre is hampered by deficiencies impacting the public’s experience and limiting the potential of the cast, crew and staff.  It lacks patron amenities such as adequate public restrooms and accessibility, as well as accommodations for the staff. The lobby and box office areas are crammed and do not allow for social distancing and the tight backstage and wing spaces limit the work of stage crews and set designers.

Given the current economic realities inflicted on the Broadway industry, it is more important than ever that we rally behind initiatives that will restore the vitality of the most important cultural and economic assets of New York City. New York City won’t be back until Broadway is back. Realizing the fully-restored and expanded Cort Theatre during these difficult times will send a clear message that Broadway and New York City will be back stronger than ever.

The rehabilitation of the landmarked Cort Theatre and proposed Annex will significantly increase its commercial viability. Audience members and the production team will benefit from improvements such as ADA accessible restrooms, additional lobby and concession space, a new rehearsal studio, ADA compliant dressing rooms and better air circulation. All of the contemplated improvements to the Cort Theatre are crucial for it to thrive in the future because they bring the theatre into the 21st Century, create opportunities for social distancing, and truly make it a first-class theatre.

The Broadway Association enthusiastically supports this dynamic project that will be a catalyst in reviving Broadway and creating opportunities for all New Yorkers. We ask that you vote favorably to support their application.  Thank you.

September 24, 2020 Testimony of Cristyne L. Nicholas, Chair of the Broadway Association on Intro 1773-A: Hearing, Committee on Economic Development and Committee on Cultural Affairs, Libraries and International Intergroup Relations

Good morning Committee Chairs Vallone and Van Bramer and members of the City Council.  Thank you for your focus on tourism, one of the most important economic drivers of New York City, and a critical piece of our recovery.

My name is Cristyne Nicholas and I’m a New York tourism industry veteran, serving as the Chair of the 109-year-old Broadway Association and Chair of Governor Cuomo’s Tourism Advisory Council, working closely with the “I Love New York” program.  Currently, as CEO of Nicholas & Lence Communications representing a diverse array of tourism and hospitality clients on public relations, I have a front row seat to the devastating effects of the Covid-19 pandemic on the tourism industry, its workforce, and our City.  As the former CEO of NYC & Company during 9/11, I was honored to work on the roadmap to tourism’s recovery and to promote to the world just how resilient New York City is.

This global pandemic is challenging our resistance unlike any crisis in our City’s past.  We need to be creative, think outside the box, and offer unprecedented solutions during this unprecedented time.  I thank the City Council for your creative thinking and offer my support for these bills today.

Regarding Intro 1773-A, which would establish an Office of Tourism recovery within the Office of the Mayor, I see the need for an executive level coordinated approach from City Hall to rebuild the tourism economy in this historic time of need.  I am aware of the budget crisis that accompanies our economic and health crisis and know that investing in new personnel during a time when the Mayor’s Office is planning week-long furloughs is a very difficult decision and probably not necessary.  As done with NY State, the State ESD hosts a quarterly Inter-Agency Tourism Task Force, pooling resources and assigning existing state employees to be responsible and accountable for tourism policy.  The personnel is there. They just need to be directed.  However, I still urge the Administration to invest in NYC & Company’s future. According to the Center for Urban Future, NYC & Co’s overall tourism budget has not stayed competitive with that of tourism promotion agencies in other global destinations.  Tourism is a revenue generator for NYC. And what we need now more than ever is to generate revenue for our City.

I applaud NYC & Company for their outstanding work but know that their core mission is tourism marketing and not coordinating with City agencies.  An Office of Tourism Recovery in the Mayor’s Office could bring agencies to the table to ensure that the industry is getting all the support they need. When I was at City Hall, we would often call inter-agency task forces to pull together resources for big tourism generating events such as the NBA Allstar game, The World Economic Forum, American Bus Association, The Grammys and many others. 

In addition to marquee tourist destinations like the Statue of Liberty, Lincoln Center and Broadway theaters, support needs to be coordinated and prioritized to the meetings and events industry, a $10 billion industry that is completely closed down.  All of these signature attractions, museums and cultural institutions, coupled with the powerful meetings and events industry, have a massive economic effect on our restaurants, retail, and small businesses that are the backbone of our economy. According to NYC & Company’s 2019 report, $46 billion in visitor spending supported almost 400,000 jobs citywide and generated $70 billion in economic activity. Sadly, however, the tourism industry is the slowest to recovery. If we fail tourism, we fail us all.

In addition to my support of Intro 1773-A, I want to also offer my support of Intros 2068 and 2064 which would create temporary outdoor space for art and cultural institutions and require the City to create a mobile app to coordinate outdoor space for art and cultural programming, respectively.  We have seen the success of New York City’s outdoor dining program and know that City agencies need to be flexible and nimble when the survival of our economy is at stake.  As the art and cultural capital of the world, New York City should be a global leader in offering prime outdoor spaces for arts and culture that are both safe and accessible.  

I commend the City Council for your hard work on these bills and thank you for your attention to tourism, the city’s fourth largest industry.


February 13, 2017 Testimony of the Broadway Association on Introductions 799 and 1107-A before the New York City Council Committee on Finance

Good afternoon Chairwoman Ferreras -Copeland and Members of the Finance Committee.  My name is Josh Knoller and I’m testifying on behalf of the Broadway Association in support of Intros 799 and 1107-A.

The Broadway Association, founded in 1911, is a not-for-profit business association devoted to the cultural and economic betterment of midtown west, which comprises the Broadway theater district.  Our members include property owners, major corporations, hotels, advertisers, unions, civic associations, theater companies, banks, and others.  The Association works to foster the healthy climate that ushered in the development renaissance we currently enjoy.

The Broadway Association supports Intro 1107-A which exempts the advertising of theatrical productions from the Commercial Rent Tax (CRT) for one year.  While I’m sure the Council is aware of the small minority of Broadway productions that enjoy outstanding financial success, what is underreported is the number of productions that close rather quickly—sometimes in a matter of months or even weeks.  In addition to not achieving financial success, these productions are now also being hit by a Department of Finance audit of the CRT retroactively.  What this means is that shows that have opened and closed in a matter of weeks, in some cases years ago, are now being billed for a tax on any billboard advertising that promoted the show for its limited run. 

The theater industry provides great economic and cultural benefits to New York City, which is unmatched anywhere else in the world.  But with a healthy industry comes a competitive barrier to entry that relies almost entirely on early ticket sales.  Advertising is a key method for reaching tourists and New Yorkers alike about new theater offerings and a CRT applied retroactively can be cost-prohibitive to the advertising of new productions. 

The Broadway Association also supports Introduction 799 which would exempt businesses with annual rent of less than $500,000 from paying the CRT.  With sky-high commercial rents, the Broadway Association wants to ensure that Manhattan remains a commercially diverse destination.  This legislation would help ease the burden for smaller, independent commercial tenants which are the fabric of our city.

We thank Council Member Garodnick for introducing these bills that help foster new cultural offerings and commercial diversity and we urge the Finance Committee to pass this legislation.

Thank you for your consideration.

 

October 13, 2016  Letter to Office of Citywide Coordination and Management Regarding Proposed Street Fair Permit Rules

October 13, 2016

 

Mr. Michael Paul Carey

Executive Director

Office of Citywide Coordination and Management

253 Broadway, 6th Floor

New York, New York 10007

 

Dear Mr. Carey:

 

On behalf of the Broadway Association, I am writing in support of the proposed Amendment to SAPO’s Street Fair Permit rules to limit the number of street festival and single block street festival permits that can be issued annually within a community board, within Manhattan, and citywide.

 

The Broadway Association is a 105-year-old business association devoted to the cultural and economic betterment of Midtown West in Manhattan.  Our membership includes property owners, major corporations, hotels, advertisers, unions, civic associations, theater companies, developers, banks, law firms, airlines, non-profits and publishers.  Working together with city and state entities, the Broadway Association strives to preserve and protect our district through community engagement.

 

As you are aware, the Theater District is extremely congested.  According to the Times Square Alliance, peak pedestrian traffic is 480,000 people per day in Times Square, and the vehicular numbers often exceed the daily pedestrian counts.  The ongoing construction in the area is also exacerbating an already overcrowded space which is extremely difficult to navigate for both New Yorkers and the millions of tourists visiting Times Square each year. 

 

Currently, 10% of all street fairs in the City take place in Times Square and the area has more street fairs than anywhere else in the City.  This is an overburden for a district which cannot manage the traffic flow without the added congestion of a street fair.  New Yorkers and visitors are increasingly avoiding the area due to congestion. 

 

We support the proposed amended rules and thank you for your consideration on this important matter.

 

Sincerely,

 Cristyne L. Nicholas

Chairman, Broadway Association             

 

 

November 19, 2014

Chairman Cristyne L. Nicholas Remarks on City Council Intro 467 on Licensing of Costumer Performers

Thank you Chairman Espinal and fellow committee members for the opportunity to testify here today. My name is Cristyne Nicholas, and I am the Chairman of the Broadway Association.  

The Broadway Association, founded in 1911, is one of the City's oldest non-for-profit business associations formed by a group of local business leaders and civic-minded individuals that were and still are dedicated to the preservation, development and economic betterment of the Times Square and West Midtown Community.  Our distinguished membership includes Broadway Theater owners and operators, hotels, restaurant owners, airlines, developers, law firms, local business improvement districts including the Times Square Alliance who is here testifying today, members of the media, sign operators and so forth.

One of of our main issues is quality of life, not just for our membership but for the 13 million Broadway-goers coming through our district annually and for the over 300,000 people passing through the Crossroads of the World every single day.  The Broadway Association has a distinguished history of speaking out when a particular issue negatively affects our district.  In fact, the Broadway Association was founded because subway construction going on at the time was a danger to pedestrians.  More recently, we were active in the 1990s supporting the creation of the Midtown Community Court which helped reduce crime and improve safety in the area and we continue to remain vocal on behalf of the membership.  And now once again, we are under siege, by performers dressed as costumed characters.

The way these individuals, who are typically dressed as Sesame Street characters or superheroes, behave and conduct themselves is absolutely unacceptable by any means.  I recall one incident where a young child had to witness her mother being harassed by “Elmo” because the tip the mother left wasn’t good enough. 

Our membership has also seen firsthand how aggressive and intimidating these costumed characters can be and local media have regularly reported incident after incident of violent interactions amongst each other and with local law enforcement.    

Everything that symbolizes the good in what these costumes represent has been tainted by the few individuals who don these costumes. We recognize there are only a few “bad eggs” or “Elmos” in this case, but it’s those few bad “Elmos” that negatively impact New York City's image as one of the friendliest cities in the world and its spot atop the leader board as the number one tourism destination in the country.

The Broadway Association supports the City Council's efforts to put a name behind the mask and provide a mechanism for law enforcement to take meaningful action and weed out those few bad “Elmos.”  

While the Broadway Association feels that there is no place for these costumed characters in Times Square or anywhere on the streets of New York City for that matter, this legislation is a step in the right direction as long as the City keeps a close watchful eye on how these individuals operate and ensure they adhere to all licensing requirements and background checks.

With tourism in Times Square pumping billions of tax revenue into our City, we must put our best foot forward to make sure that anyone who visits, lives or works in the Times Square area feels safe. Thank you for the opportunity to testify here today and the Broadway Association looks forward to working with you.

 

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