What to Know
- Madison Square Garden owner James Dolan threatened to ban the sale of alcohol at an upcoming New York Rangers game
- Dolan's remarks came after New York Attorney General Letitia James pressed MSG Entertainment about its apparent use of facial recognition technology to identify opposing lawyers
- What started the controversy was a mother joining her daughter on a Girl Scout trip to Radio City Music Hall, but not being allowed to enter because the law firm she works for is suing MSG Entertainment — even though she is not an attorney working on any cases involving the company
Yea, this will really convince people to be on your side. Especially hockey fans.
Madison Square Garden owner James Dolan threatened to ban the sale of alcohol at an upcoming New York Rangers game. He didn't specify a date for the potential ban, though the Rangers play the Golden Knights Friday night.
It's somehow connected to an ongoing battle about his company's use of facial recognition technology.
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Dolan made the threat during a TV interview Thursday morning.
“The SLA [State Liquor Authority] is way, way beyond their skis...they're being extremely aggressive and they're saying 'We're going to take away your liquor license.' So I have a little surprise for them," Dolan said during the interview. "What we're gonna do, right, it we're going to pick a night, maybe a Rangers game, and we’re gonna shut down all the liquor and alcohol in the building."
The warning comes in response to the State Liquor Authority investigating Dolan's use of facial recognition technology, which has resulted in bans against a group of lawyers who are currently suing his company, MSG Entertainment Corporation.
"It’s like something out of ‘The Godfather,’ it’s like ‘It’s only business.’ It’s not only business, and if you sue us, we’re gonna tell you not to come," Dolan continued. "If you’re grandstanding with the press, et cetera, I’m gonna tell you: Go ahead, take away my liquor license. People are still going to come to the games."
Dolan said the ban on alcohol wouldn't impact him, because he's been sober for 29 years. He added that they will post flyers at stations where beer is normally sold that feature a picture of SLA CEO Sharif Kabir, which will include his email and phone number.
Dolan said he would instruct fans to "tell [Kabir] to stick to his knitting and to do what he’s supposed to be doing. And stop grandstanding and trying to get press."
The SLA commented later Thursday, following Dolan's remarks.
"All establishments licensed to traffic in alcoholic beverages by the State Liquor Authority are subject to and are expected to comply with the same laws and obligations, whether they are a small business or a multi-billion dollar corporation," the regulator said. "After receiving a complaint, the State Liquor Authority followed standard procedure and issued a Letter of Advice explaining this business' obligation to keep their premises open to the public, as required by the Alcoholic Beverage Control Law."
New York State Sen. Brad Hoylman-Sigal responded to Dolan's interview, tweeting "Maybe James Dolan should've sold tickets to this public meltdown of a petulant, petty and vindictive billionaire."
Hoylman-Sigal, who represents part of Manhattan, released a statement that further expanded his thoughts on Dolan, calling the interview a "public meltdown" and labeling him the "poster child of privilege, as someone who inherited his wealth and receives an annual $43 million dollar tax break" from the city.
"James Dolan showed why Albany should pass our legislation (S2424) and close the ‘sporting event’ loophole in our Civil Rights Law that allows Dolan to ban fans from Madison Square Garden using facial-recognition technology, simply because they work at law firms with clients he deems opposed to his financial interests," the statement read. "Given Dolan’s condescending attitude towards the rest of us, it’s not surprising that he’s taken to...publicly humiliating honest and hardworking civil servants like the CEO of the State Liquor Authority.
"New York shouldn’t allow petty tyrants to impose their warped fantasies on the public while reaping millions each year from taxpayer subsidies. I’m grateful to both the New York State Attorney General and the Manhattan District Attorney for launching inquiries into Dolan’s vindictive business practices intended to silence his critics," the statement concluded.
New York legislators are looking to get better protections for ticketholders and soon could take aim at the company's use of facial recognition technology in enforcing their policy — even as the company refuses to back down.
"MSG instituted a straightforward policy that precludes attorneys pursuing active litigation against the company from attending events at our venues until that litigation is resolved," the company previously told NBC New York.
Dolan's remarks came after New York Attorney General Letitia James pressed Madison Square Garden Entertainment about its reported use of facial recognition technology to identify opposing lawyers.
"MSG Entertainment cannot fight their legal battles in their own arenas," James said Wednesday in a release announcing her letter. She's seeking a response from MSG Entertainment by Feb. 13.
"Madison Square Garden and Radio City Music Hall are world-renowned venues and should treat all patrons who purchased tickets with fairness and respect," she said. "Anyone with a ticket to an event should not be concerned that they may be wrongfully denied entry based on their appearance, and we're urging MSG Entertainment to reverse this policy."
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Madison Square Garden Entertainment responded to the letter later Wednesday.
"To be clear, our policy does not unlawfully prohibit anyone from entering our venues and it is not our intent to dissuade attorneys from representing plaintiffs in litigation against us. We are merely excluding a small percentage of lawyers only during active litigation," a spokesperson said in a statement. "Most importantly, to even suggest anyone is being excluded based on the protected classes identified in state and federal civil rights laws is ludicrous. Our policy has never applied to attorneys representing plaintiffs who allege sexual harassment or employment discrimination."
A spokesperson for the company previously told NBC New York that their facial recognition technology does not retain images of individuals, except for those previously advised they are prohibited from entering the company's venues or whose previous misconduct has identified them as being a security risk.
What started the controversy was a mother joining her daughter on a Girl Scout trip to Radio City. Conlon is an associate with the New Jersey based law firm, Davis, Saperstein and Solomon, which for years has been involved in personal injury litigation against a restaurant venue now under the umbrella of MSG Entertainment.
But Conlon said she herself doesn't practice law in New York, and is not an attorney working on any cases involving MSG.
That didn't stop MSG Entertainment from identifying and zeroing in on her just as she got into the lobby before the show the weekend after Thanksgiving. Security guards stepped in, and while her daughter, other members of the Girl Scout troop and their mothers got to go enjoy the show, Conlon wasn't allowed to do so.
"It was pretty simultaneous, I think, to me, going through the metal detector, that I heard over an intercom or loudspeaker," she told NBC New York. "I heard them say woman with long dark hair and a grey scarf."
She said she was asked her name and to produce identification.
"I believe they said that our recognition picked you up," Conlon said.
A sign at Radio City Music Hall stated that facial recognition is used as a security measure to ensure safety for guests and employees. Conlon says she posed no threat, but the guards still kicked her out with the explanation that they knew she was an attorney.
"They knew my name before I told them. They knew the firm I was associated with before I told them. And they told me I was not allowed to be there," said Conlon.
MSG said she was banned — along with fellow attorneys in that firm and others, as according to their policy.
"While we understand this policy is disappointing to some, we cannot ignore the fact that litigation creates an inherently adverse environment. All impacted attorneys were notified of the policy, including Davis, Saperstein and Salomon, which was notified twice," a spokesperson for MSG Entertainment said in a statement.
"This whole scheme is a pretext for doing collective punishment on adversaries who would dare sue MSG in their multi-billion dollar network," said Sam Davis, a partner at the firm where Conlon works.
Davis has upped the legal ante, challenging MSG’s license with the State Liquor Authority.
"The liquor license that MSG got requires them to admit members of the public, unless there are people who would be disruptive who constitute a security threat," said Davis. "Taking a mother, separating a mother from her daughter and Girl Scouts she was watching over — and to do it under the pretext of protecting any disclosure of litigation information — is absolutely absurd. The fact they’re using facial recognition to do this is frightening. It’s un-American to do this."
A spokesperson for MSG reiterated in a statement that safety is their highest priority and that facial recognition is just one of the methods they use. MSG Entertainment also said it is confident their policy is in compliance with all applicable laws, including the New York State Liquor Authority.
