NY AG Tish James criticizes MSG face surveillance as ‘haunted’ by legal issues

New York Attorney General Letitia James has joined the fight against Madison Square Garden Entertainment CEO James Dolan and his “dystopian” use of facial recognition software to screen visitors.

The company has used the technology to block lawyers from law firms actively litigating against it from attending events at its sites, which James warned could be against local and federal laws.

“We are writing to express concern that the Policy may violate the New York City Civil Rights Act and other city, state and federal laws that prohibit discrimination and retaliation for engaging in protected activities,” she said Tuesday in a letter to MSG attorneys. .

“Attempts to dissuade people from
filing complaints of discrimination or encouraging those in active litigation to drop their claims so they can access popular entertainment at company venues may violate state and city laws against retaliation,” the letter said.

The state’s chief law enforcement officer is giving MSG until Feb. 13 to provide documents justifying the practice, which she says potentially affects thousands of attorneys spread across some 90 firms, and point out how it does not violate anti-discrimination laws.

“Discrimination and retribution against those who petitioned the government
there is no place in New York for damages,” the letter says.


James Dolan on court at a Knicks game
Madison Square Garden CEO James Dolan has implemented a policy of barring lawyers from events if they work for firms involved in litigation against his company.
USA TODAY Sports

The company used cutting-edge technology to identify and exclude at least four attorneys from events at MSG and Radio City Music Hall, whether or not they were directly involved in a lawsuit brought against the company with the help of their employer.

Westside Assemblyman Tony Simone was also denied an invitation to an NHL-sponsored event at MSG after he criticized the “dystopian” use of technology along with other Manhattan officials.

He is now sponsoring legislation that would expand the state’s existing law prohibiting “wrongful denial of admission” to include sporting events.


A sign at a security checkpoint notifying visitors to Madison Square Garden that facial recognition software is being used.
Critics of MSG point out that facial recognition software can compromise people’s personal information if not properly secured.
Matthew McDermott

MSG has defended this policy, arguing that facial recognition software is widely used for security purposes and that admitting lawyers involved in external litigation could pose risks to the company.


Letitia James in a blue outfit on a blue background speaks into a microphone with her index finger.
State Attorney General Letitia James Seeks Documents From Monosodium Glutamate Justifying Its Use
Stephen Jeremiah

A company spokeswoman did not immediately comment on Wednesday on a letter formally signed by Assistant Attorney General Kyle Rapinyan of the Bureau of Civil Rights in James’s office.

The letter argues that facial recognition software is hardly a perfect technology, especially when it comes to accurately recognizing people who are not white people like Dolan.

“Studies indicate that the company’s use of facial recognition software may be associated with bias and false positives against people of color and women,” the letter said.

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