New York appeals court says Madison Square Garden can ban lawyers suing company from entry
Both Madison Square Garden and the plaintiff reacted positively to the ruling
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A New York state appeals court ruled Tuesday that Madison Square Garden Entertainment can ban lawyers suing the company from attending events at its venues, even if they hold valid tickets.
The ruling overturns a lower court’s preliminary injunction.
FOX 5 New York reported that while MSG is allowed to ban lawyers from sporting events, should they deny them entry to non-sporting events, they may have to cough up $500 a head each time they are denied. Furthermore, it said the party can press criminal charges equivalent to a misdemeanor.
"While Madison Square Garden may have won this battle it lost the war," plaintiff Larry Hutcher told FOX Business via email. He added: "If anyone with a ticket is refused admission, then the Garden is faced with a $500 fine per incident as well as the prospect of criminal charges being filed."
Hutcher also noted that the suit had brought public attention to the "unconscionable use of facial technology" and other issues.
An exterior view of Madison Square Garden prior to the game between the New York Rangers and the St. Louis Blues on Dec. 5, 2022, in New York City. (Bruce Bennett / Getty Images)
MSG expressed satisfaction with the court's decision.
"We are very pleased with today’s appellate ruling," an MSG Entertainment spokesperson told FOX Business in a Thursday email.
The Backstreet Boys perform onstage at the iHeartRadio Z100’s Jingle Ball at Madison Square Garden on Dec. 9, 2022. (Dimitrios Kambouris/Getty Images for iHeartRadio / Getty Images)
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Hutcher, along with 50 other lawyers, took legal action after MSG used facial recognition technology to deny entry at all venues to all lawyers from firms engaged in litigation with MSG.
Following criticism from lawmakers, MSG previously told FOX Business that the company does not retain data and that it is confident its policy is "in compliance with all applicable laws, including the New York State Liquor Authority."
"The facial recognition technology system does not retain images of individuals with the exception of those who were previously advised they are prohibited from entering our venues or whose previous misconduct in our venues has identified them as a security risk," a spokesperson said.
Traffic flows up Eighth Avenue at Madison Square Garden on April 5, 2004, in New York City. (Stephen Chernin / Getty Images)
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In 2019, the arena said facial recognition was one of the security measures it uses "to ensure the safety of everyone," and the technology has been used since 2018. The company does not use facial recognition to identify most individuals entering venues.
"We have always made it clear to our guests and to the public that we use facial recognition as one of our tools to provide a safe and secure environment for our customers and ourselves," the spokesperson added.