New York Attorney General Letitia James Wednesday released a letter to Madison Square Garden Entertainment Corp. (MSG Entertainment) regarding its reported use of facial recognition software to identify and deny entry to MSG venues for all lawyers affiliated with law firms that represent clients in pending litigation related to MSG Entertainment. The policy may affect up to 90 law firms and thousands of lawyers.

James’ letter articulated that MSG Entertainment’s use of facial recognition software “may violate the New York Civil Rights Law and other city, state and federal laws prohibiting discrimination and retaliation for engaging in protected activity.” Further, MSG’s use of facial recognition software “may be plagued with biases and false positives against people of color and women.” Additionally, James expressed concern that MSG Entertainment’s policy may deter lawyers from accepting cases that involve litigation against MSG Entertainment.

James states in a press release that “[a]nyone with a ticket to an event should not be concerned that they may be wrongfully denied entry based on their appearance, and we’re urging MSG Entertainment to reverse this policy.” MSG Entertainment’s response to the letter is requested by February 13, 2023, along with identification of its efforts to ensure legal compliance and that MSG Entertainment’s “use of facial recognition technology will not lead to discrimination.”

Various other companies faced scrutiny over the last few years for their use of facial recognition software, such as Google, Clearview AI, and Facebook.