MSG, James Dolan accused of using facial recognition technology

Metro

Lonely

as if Rich Calder

April 1, 2023 | 10:35 am

Madison Square Garden illegally uses facial recognition technology to intimidate contestants and keep their profit margins — while violating fans’ privacy, a new class-action lawsuit claims.

A civil-rights lawsuit filed in Manhattan Supreme Court last week alleges that MSG Entertainment owner James Dolan used controversial, Big Brother-style biometrics to evict opposing attorneys from the world-famous Arena and infringed on sister venues like Radio City Music Hall. A city privacy law prohibits the use of such information for financial gain.

“The goal of MSG’s policy is clear: to use facial recognition technology to prevent litigation and, in turn, to make a profit by reducing MSG’s high litigation costs,” said Aaron Gross, a New Yorker filing on behalf of The New Yorker.

Since the city’s Biometric Data Protection Act takes effect in July 2021, the lawsuit could cover millions of people who have participated in MSG-owned locations.

Gross attended an MSG concert in February 2022 and had his “biometric identification information” taken by arena sensors without his consent, according to legal papers.

No other information about him was given in the case, and his lawyer Israel David refused to comment.

The city’s biometric law is typically used to prevent entertainment venues and other businesses from selling personal information for profit, but the lawsuit says it also applies to situations where people use facial recognition to avoid suing a business and save legal costs.

The lawsuit alleges MSG is violating the law.

The lawsuit seeks unspecified monetary damages and an injunction to stop MSG Entertainment’s lawyers from using Face ID to seek profits.

On Tuesday, the company got some good news when a state appeals panel in Manhattan was able to bar lawyers suing Kink and the Rangers from attending games, concerts and other events.

The decision lifted the order, which had been in place since November after one of the barred lawyers sued MSG.

But Dolan’s Garden, Radio City Music Hall and the Beacon Theater are still feeling the heat from the ban from the state liquor authority, which has begun proceedings that could strip them of their liquor licenses.

And some state Democratic lawmakers are using the ban as fuel to repeal the long-delayed Madison Square Garden tax cut, so the $42 million in annual savings can go to the cash-strapped Metropolitan Transportation Authority.

An MSG spokesperson said: “This is the worst suit yet.”