MSG Entertainment Told Facial Scan Policy Could Cost Support

Madison Square Garden Entertainment could lose government support, including a $43 million state tax abatement and its liquor licenses, if it doesn't stop using facial recognition software to kick attorneys from firms suing the company out of its venues, including Madison Square Garden and Radio City Music Hall, elected officials said.

"We are gravely concerned that MSG Entertainment is using facial recognition technology against its perceived legal enemies, which is extremely problematic because of the potential to chill free speech and access to the courts," read a letter released by Rep. Jerry Nadler, D-N.Y., state Sens. Liz Krueger and Brad Hoylman-Sigal, and other elected officials, The New York Post reported.

"As a place of public accommodation, MSG Entertainment has a legal obligation to New Yorkers and the general public to protect them against discrimination and cease harassing them," the letter, signed by eight local, state, and federal officials who represent Manhattan, also says.

In addition to the tax abatement, Madison Square Garden benefits from a city permit that allows the arena to have more than 2,500 seats, which is set to expire this year, the lawmakers noted in their letter.

The officials called on MSG to "immediately cease the use of personal biometric technology for non-security purposes," while saying the software can identify threats to public safety but not target people for other reasons.

The officials, in their letter to MSG, wrote that facial recognition software is not flawless and urged the company to create a written policy about how biometric data is managed.

The action comes after MSG Entertainment used the facial recognition software at least four times to block attorneys who work for law firms with active lawsuits against the company, even if the lawyers aren't working directly in the cases.

MSG Entertainment is defending its policy, saying in a statement that it has instituted a "straightforward policy" that does not allow attorneys from firms that are pursuing active litigation against the company to attend events at its venues.

"While we understand this policy is disappointing to some, we cannot ignore the fact that litigation creates an inherently adversarial environment," a spokesperson said. "We continue to make clear that impacted attorneys will be welcomed back to our venues upon resolution of the litigation."

The first reported incident came when attorney Barbara Hart and her husband were kicked out of their seats at Madison Square Garden in October while celebrating their wedding anniversary at a concert by singer Brandi Carlile.

Hart told Rolling Stone it was a "very eerie experience" to be identified in a crowd based on a photo from her employer's website.

In December, Kelly Conlon was ejected from Radio City Music Hall while waiting in line with her daughter's Girl Scout troop to see the Rockettes. Conlon was part of an "attorney exclusion list" compiled by MSG.

In the other cases, a Long Island attorney was kicked out of a New York Knicks game in November, and a personal injury attorney from Brooklyn told The Post that he was denied a seat at a New York Rangers game Jan. 19 even though he wasn't directly involved in any lawsuits involving MSG and his employer.