Madison Square Garden’s use of facial recognition technology to bar certain lawyers stirs protests

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Several lawsuits, as well as a state attorney general’s inquiry and bills introduced in the New York legislature, were triggered by Madison Square Garden Entertainment’s use of facial recognition technology to bar lawyers who had sued the company from attending events. A state judge said the policy violates state civil rights law.

Key Players

Madison Square Garden Entertainment owns and operates popular New York City venues such as Madison Square Garden (MSG) and Radio City Music Hall; its chief executive is James L. Dolan. MSG Entertainment has used facial recognition technology at its various New York locations since January 2018, maintaining that its primary use is to identify potential security threats and watch for individuals who have previously broken its rules.

State Sen. Brad Hoylman-Sigal (D) represents the 47th District, including most of Midtown Manhattan. He introduced a bill to prevent venues from banning people who hold a valid ticket, and led a public rally against the company’s use of facial recognition technology, which he said chills Free Speech and violates privacy. 

Further Details

In the summer of 2022, MSG Entertainment ramped up its use of facial recognition technology after banning lawyers representing people who are suing their company, as well as any other attorneys at associated firms.

For instance, in November 2022, security removed Kelly Conlon from Radio City Music Hall after facial recognition technology flagged her presence. Conlon, who was attending a Rockettes performance with her daughter’s Girl Scout troop, is an attorney at the law firm Davis, Saperstein & Solomon, which is suing a restaurant owned by MSG Entertainment in a personal injury case. Even though Conlon is not working on the case, Radio City security showed her that she was on an “attorney exclusion list” and escorted her out of the venue, The Times reported. 

Earlier that month, another attorney, Alexis Majano, was removed from a New York Knicks game at MSG for the same reason. His firm, Sahn Ward Braff Koblenz, represented a man who had been injured at a Billy Joel concert in a lawsuit against MSG Entertainment.

In December, Nicolette Landi was prevented from attending a Mariah Carey concert at MSG – the ticket was a birthday gift from her boyfriend – because she represented a client who had sued MSG Entertainment over an injury she claimed she received while walking on stairs at the Garden. Every lawyer at Landi’s firm received letters banning them from all the company’s venues just weeks after that case was filed.

Outcome

Firms sue MSG Entertainment

Several law firms filed suits in New York State Supreme Court (a trial court) challenging MSG Entertainment’s policy under a state anti-discrimination law that prohibits wrongful refusal of admission to “places of public entertainment or amusement.”

The court issued a preliminary injunction that partially, and temporarily, lifted the ban. However, a state appellate court overturned the injunction in March 2023.

Judge Lyle Frank of the State Supreme Court subsequently ruled in June that the policy banning certain lawyers was indeed a violation of the anti-discrimination law. As a result, MSG Entertainment must allow lawyers who have sued the company, or are connected to law firms that have sued it, to attend events at its venues if they have valid tickets.

State lawmakers and privacy advocates call for MSG Entertainment to stop ‘weaponizing’ facial recognition technology 

The lawsuits weren’t the only actions taken in opposition to MSG Entertainment’s policy. In January 2023, Hoylman-Sigal, alongside other Democratic state senators and assembly members, staged a protest outside MSG.

Hoylman-Sigal was joined by State Sens. Liz Krueger, Brian Kavanagh, and Kristen Gonzalez, Assembly Members Tony Simone and Alex Bores, and New York City Councilmember Erik Bottcher, all Democrats. 

“MSG Entertainment is using facial recognition systems to automate discrimination, violate individuals’ privacy, and chill any criticism of the company,” Hoylman-Sigal said. 

“It is an unacceptable invasion of the privacy of all their patrons, and a blatant attempt to intimidate and bully those who might want to pursue their day in court against the company,” said Krueger, chair of the New York Senate’s Finance Committee.

Evan Greer, an activist for the digital rights group Fight for the Future, called the use of facial recognition technology against attorneys “terrifying.” Greer highlighted that the technology could “enable powerful individuals, companies, and institutions to target critics, business rivals, journalists,” and others. 

MSG Entertainment stands by its use of facial recognition technology

Following the protest, MSG Entertainment released a statement defending its facial recognition technology as a useful tool widely deployed throughout the country, especially in the sports and entertainment industry. 

“While we understand this policy is disappointing to some, we cannot ignore the fact that litigation creates an inherently adversarial environment,” MSG Entertainment said in the statement. 

State Attorney General pushes MSG to clarify facial recognition technology

On Jan. 24, 2023, New York Attorney General Letitia James (D) filed an inquiry with MSG Entertainment over its use of facial recognition technology. According to James, the policy, which affects approximately 90 law firms, could violate local, state, and federal human rights laws. 

As of July 16, 2023, no further developments were reported.