Cannabis, Psychedelics & Healthcare Attorney / Falcon Rappaport & Berkman LLP / Hofstra Law School Professor / Executive Board Member, The JUSTÜS Foundation
Appellate Court Reverses Trial Court's Injunction Blocking MSG from Denying Access to Lawyers Suing it Yesterday, the Appellate Division - First Department reversed a trial court's preliminary injunction blocking MSG from denying access to anyone presenting a valid ticket for theatrical performances and concerts on the day of the event, citing a state civil rights law which says that no one who is 21 or older and “behaves appropriately” can be denied entry to a cultural event. As you may recall, this was the case where MSG was found to be using facial recognition software to identify lawyers at the firm who had sued MSG on behalf of former Knicks and Rangers season ticket holders whose passes were not renewed for alleged reselling. The Co-Managing Partner at that firm, Larry K. Hutcher, a long-time season ticket holder commenced a separate action against MSG alleging that it retaliated against him by revoking his Knicks season tickets and barring all 60 lawyers at his firm from events at MSG, as well as other venues operated by the company. In November, NYS Supreme Court Judge Lyle E. Frank issued a preliminary injunction blocking MSG from denying access to anyone presenting a valid ticket for theatrical performances and concerts, but excluded sporting events from his decision since the referenced statute, Civil Rights Law § 40-b is specifically limited in application to “legitimate theatres, burlesque theatres, music halls, opera houses, concert halls and circuses”. The appellate court agreed that the law did not cover sporting events, but reversed the injunction saying that the civil rights law limits claimants to monetary compensation. While seemingly a loss for the law firm, Hutcher said that the decision recognizes the validity of the civil rights law, making MSG liable to pay $500 every time it refuses access to a theatrical performance or a concert. However, to be entitled to recover for wrongfully being denied entry, it would appear that you need to hold a valid ticket for the event at issue. Since tickets for theatrical performances and concerts are often well over $500 each, it would seem that this decision simply codified a ticket holders entitlement to recover a portion of the ticket price for what turned out to be an unusable ticket. Or are you entitled to recover the cost of the unused ticket as well? Either way, this is one of those cases that should not sit right with any Rangers or Knicks fans. I know that Charles Oakley would agree. Kudos to Larry K. Hutcher, a long-time season ticket holder and avid sports fan, as well as an excellent trial lawyer, for taking a stand against what amounts to nothing less than bullying by James Dolan.
Good summary, Andrew. But will it matter when the subsidies end and the music stops over Penn Station?
Partner and Chair, Employment Law Group-Leveraging Relationships into Success
1yIt would appear that the fine would be limited to $500. Given the goals of civil rights legislation, the appellate interpretation would seem to fly in the face of "good sportsmanship" and legislation should certainly be advanced to address the limit to theatres and circuses. Dolan has created a three-ring circus by the use of #biometrics, in the form of #facialrecognition software in this manner to bar attorneys from attending sporting events simply by virtue of their firm affiliations. #bullying Terrific post Andrew Cooper