The Electric Zoo 2023 Class Actions

Electric Zoo is a large annual electronic dance music festival held on Randall’s Island in Manhattan. They are no stranger to legal issues, and in fact my firm had sued them in 2019 over allegations that their security was conducting strip searches on attendees. But, matters were made worse when notorious Brooklyn nuisance/nightclub owner Juergen Bildstein purchased the event last year. 

Known for constant overcrowding and general assholery at his Brooklyn Mirage venue — which has resulted in that venue being temporarily shut down by the New York State Liquor Authority, New York Fire Department, New York Police Department, NYC Department of Buildings, and NYC Department of Health & Mental Hygiene (on separate occasions!) — Mr. Bildstein apparently took the same approach to organizing a festival.

The result was disaster: the first day of the three-day festival was cancelled entirely because they did not finish building their stages in time. The second day opened 2 hours late and some encountered lines to enter so lengthy that they never got in. And on the third day, NYPD noticed that they were approximately 7,000 people over their legal capacity mid-way through the day. Ticketed attendees who had not yet entered were denied access until they, predictably, rushed the gates, causing many injuries and a riot-like environment. Those who did manage to get in on either day were treated to unsanitary bathrooms, unfinished stages, and massive lines to leave. So far, Electric Zoo has issued no refunds.

My firm was one of four of which I’m aware that has filed class-action lawsuits against the festival and its organizers for fraud, breach of contract, and the like. Three of these firms, including my own, have joined forces and yesterday filed a consolidated complaint (that is, one complaint to cover all clients of all three firms). In total, we directly represent 16 plaintiffs and have asked the court to certify a class of all ticket holders. The fourth firm seeks to hold the festival liable for racketeering — a bold move and we wish them and their 3 additional plaintiffs well.

All four firms’ cases are being heard together as Brockmole v. EZ Festivals, Case No. 1:23-CV-8106 in the U.S. District Court for the Southern District of New York. The defendants will answer these complaints by next month and the court will set scheduling shortly thereafter.

Brockmole v. EZ Festivals – Consolidated Complaint (.pdf)

Brockmole v. EZ Festivals – Racketeering Complaint (.pdf)