The Blue Man Group proved less than captivating for the D.C. Circuit in a case this week. The Group was sued by a Las Vegas union over their refusal to bargain over a new contract when the Group moved from the Luxor to the Venetian Hotel. The judges agreed with the union and said that, while they may be silent on stage, the Group better starting talking to the union.

The Group managers used a technicality to refuse to negotiate — claiming that the exclusion of a few musical technicians negated the right to collective bargaining. Notably, the Group had asked the Court to consider artistic critiques and accolades of the group. The Court proved less enthusiastic:

“[The petitioner’s] other arguments are sufficiently lacking in merit as not to warrant consideration in a published opinion. Also, we deny [the petitioner’s] motion that the court ‘take judicial notice of several artistic reviews of the Blue Man Group show that aptly describe the unique and highly unusual experience of attending a Blue Man Group performance.’”

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