The NHL and NBA are staying on the sidelines when it comes to a growing fight between Madison Square Garden CEO James Dolan and Manhattan officials challenging his use of facial recognition software against his perceived legal enemies.
“Based on the facts and circumstances as we currently understand them, the NHL is not aware of any local (or other) law or applicable rule that MSG is currently violating,” David Zimmerman, senior executive vice president of the pro hockey league, said in a Feb. 3 letter to state Sen. Brad Hoylman-Sigal.
“We see no basis upon which this would be appropriate for Commissioner [Gary] Bettman to sanction or otherwise discipline MSG or Mr. Dolan,” Zimmerman added about the Rangers and Knicks owner.
The NBA cited how the practice is “under review by multiple authorities” including state Attorney General Letitia James and the New York State Liquor Authority while claiming it would be “premature for the NBA to comment further or take any action” despite a Jan. 27 letter from Hoylman-Sigal to both leagues.
Hoylman-Sigal noted in his letter that NBA Commissioner Adam Silver could impose a fine up to $1 million on anyone “guilty of conduct prejudicial or detrimental to the Association” while the NHL has similar leeway to discipline team owners like Dolan.
“These responses show that both the NBA and NHL should have a code of conduct for owners, just like they do for players and fans,” Hoylman-Sigal told The Post Monday. “I appreciate the openness of the NBA in particular to consider sanctions.”
Hoylman-Sigal and other MSG critics concede facial recognition has a role in maintaining public safety at venues like the Garden and Radio City Music Hall while questioning the legality of how Dolan was singling out people for ejection.
Dolan defended his use of facial technology in a recent TV interview where he floated the idea of siccing alcohol-deprived Rangers fans at state liquor authorities who have questioned his policy.
MSG has insisted lawyers tied to outside litigation pose a danger to the company despite the circumstances surrounding their ejection, including a woman thrown out of Radio City Music Hall late last year after being identified with facial recognition software while awaiting a performance by the Rockettes with her daughter’s girl scout troop.
“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,” an MSG spokeswoman has previously said.
A spokeswoman was working on a fresh response to the NHL and NBA responses to Hoylman-Sigal Monday.
James has questioned whether such practices comply with existing civil rights law and anti-discrimination rules while demanding docs from MSG that would justify how Dolan has deployed facial recognition.
“Attempts to dissuade individuals from filing discrimination complaints or encouraging those in active litigation to drop their lawsuits so they may access popular entertainment events at the Company’s venues may violate state and city laws prohibiting retaliation,” reads a letter from the AG to MSG attorneys.
Elected officials have also raised the possibility of nixing existing public benefits including a state tax abatement and an expiring permit allowing the Garden to accommodate more than 2,500 people at a time if Dolan refuses to give up the controversial use of facial recognition tech.
“I’ll continue to advocate for our legislation in Albany to stop James Dolan from banning fans from the Garden on his enemies list and as we enter the season, raise the alarm on the taxpayer-funded giveaway to Madison Square Garden that amounts to over $40 million a year,” Hoylman-Sigal said.
