Lawyers suing Madison Square Garden Entertainment Corp. can be banned from concerts and theatrical shows at the arena and other company venues, even if they purchased valid tickets, according to an appeals court ruling in New York on Tuesday.
The decision overturning a preliminary injunction is a victory for MSG chairman James Dolan, owner of the NBA’s Knicks and NHL’s Rangers, in his various ongoing legal battles with ticket re-sellers and the state liquor board.
The ruling doesn’t apply to Knicks and Rangers games, where lawyers suing MSG were already banned.
The public controversy began after attorney Larry Hutcher filed a lawsuit against MSG on behalf of season-ticket holders, whose passes were banned by the company after they were accused of improperly re-selling tickets.
Hutcher, a Knicks season-ticket holder for 47 years, discovered in September that he was banned from MSG, along with 60 lawyers from his form.
Lawyers suing Madison Square Garden Entertainment Corp. can be banned from concerts
The ruling is the latest win for Knicks and Rangers owner James Dolan (center)
Other lawyers have come forward with stories about being blocked from concerts, sports events and shows including the Rockettes’ Christmas Spectacular.
The policy potentially affects thousands of lawyers at scores of firms and is being enforced through the use of technology that scans the faces of people entering venues owned by MSG and checks them against a databank of lawyers from banned firms.
Hutcher and the firm sued MSG in October, arguing that he had already paid $18,000 for his 2022-23 season-ticket package.
In November, Manhattan Judge Lyle Frank granted a partial victory to Hutcher and other lawyers from Davidoff Hutcher & Citron LLP, who were given the right to attend musical and theatrical performances at the Garden, Radio City Music Hall and the Beacon Theater if they show up with a valid ticket.
‘The Court takes judicial notice that there is only one Radio City Music Hall, one Beacon Theater, and only one Madison Square Garden,’ Frank wrote. ‘As such, the plaintiff is entitled to injunctive relief.’
Frank added: ‘… there appears to be no rational basis for the policy instituted by [Madison Square Garden] except to dissuade attorneys from bringing suit against them.’
The ruling did not apply to lawyer bans at Knicks or Rangers games at the Garden, but Hutcher is appealing that decision.
The ruling did not apply to lawyer bans at Knicks or Rangers games at the Garden
On Tuesday, a Manhattan court reversed Frank’s ruling, arguing his preliminary injunction should never have been issued because the civil rights law cited in the case only provides monetary compensation to claimants.
The bottom line, Hutcher told Bloomberg, is MSG will have a $500 liability every time it denies access to a concert or show.
‘Basically what the court is inviting us to do is go to the event and get a check for $500 every time we are denied admission,’ he told Bloomberg, indicating that he plans to do just that. ‘I think what this is basically saying is this is something the legislature should address but there are a lot of people at my firm who will make a lot of money who cannot attend events.’
An MSG spokesperson told Bloomberg that the company is ‘very pleased with today’s appellate ruling.’
The policy has drawn the attention of New York Attorney General Letitia James, whose office is investigating the use of facial-recognition technology to enforce the ban.
The attorney general’s office said in a letter to MSG Entertainment that the ban — and the company’s use of facial recognition technology to enforce it — may violate anti-discrimination laws and may dissuade lawyers from taking on cases such as sexual harassment or job discrimination claims against the company.
The New York state liquor board became involved in the dispute in February, charging MSG with four violations, saying the policy violates laws requiring venues with liquor licenses to allow access to the general public.
The controversy began after attorney Larry Hutcher (pictured) filed a lawsuit against MSG
Attorneys suing MSG area already allowed to be banned from the Manhattan arenaÂ
In response, MSG announced sued the New York State Liquor Authority earlier this month over the agency’s threats to suspend the company’s alcohol licenses.
‘This gangster-like governmental organization has finally run up against an entity that won’t cower in the face of their outrageous abuses,’ Dolan said in a statement. ‘While others that have been subject to this harassment may have been forced into submission or silence, we are taking a stand on behalf of our fans and the many small businesses who have long been subject to the SLA’s corruption.’
The company claimed the SLA misrepresented rules by mandating venues that sell liquor to be open to the public, while night clubs and bars have ‘far more exclusionary policies.’
In January, the usually media-shy Dolan addressed the controversy on Good Day New York.
Related Post
‘If you’re suing us, we just asking you please don’t come until you’re done with your argument with us – the end,’ Dolan told Good Day New York. ‘And yes, we’re using facial recognition to enforce that.’
When asked if he would back down from this position, Dolan emphatically responded: ‘Not at all.’
Rangers games are another event where lawyers suing MSG can be bannedÂ
