By Christin Ayers

BERKELEY (CBS SF) — A Berkeley movie theater in business for a century is stuck between a rock and a hard place after a CAL-OSHA worker noticed a theater worker changing the marquee without approved safety measures.

The Elmwood-Rialto’s marquee hasn’t been changed since December according to management.

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The theater received a letter alleging a safety violation because the worker was too high above the ground without guardrails or fall protection.

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“You know, if someone were to slip and hit their head on the cement, that would be super unfortunate,” Berkeley resident Anne Kadarauch said.

The theater said in a statement that they are working on a solution.  Residents want to see the theater back in action with an updated marquee.

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“Even though this may be eighty, or a hundred years old, it’s a wonderful design in a retro format, so I love it,” Paul Howard said.