The Electric Zoo 2023 Class Actions

Electric Zoo 2023 StampedeElectric 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)

Music Festival Attendees Reach Settlement with Third-Party Security Company Over Alleged Strip Search

In the beginning of September I was deluged with messages alerting me to a problematic security search at a well-attended New York City music festival:

I had to do a strip search...

Sexually Harassed and Humiliated by Festival Security

After speaking with several individuals who encountered abusive security, as well as one employee from the contracted third-party security company who came forward, attendees alleged security dogs picked people out of the security line to receive an invasive search in a tent the security company had set up just for that purpose.  Inside the tent, some attendees claimed they were ordered by security to take off their clothes, or had their clothing pulled away from their body so that security could look down their shirt or pants at their genitals and breasts.  Others alleged security simply reached their hands inside of their undergarments and directly touched their intimate areas.

Unfortunately, it was explained to me by the security guard who came forward to me that festival security company CSS Security was short-handed and brought in out-of-state security guards to fill the gaps.  It does not appear that those guards were properly licensed, and at least some of them would have been ineligible to be licensed because of criminal history.

I represented three individuals who claimed to have been subject to searches like these, and can say that a full and final settlement was reached on the matter with CSS Security to resolve all of my clients’ claims on the matter.

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