Electric Zoo facing class action lawsuit over 2023 festival
The electronic music festival faced the cancellation of its first day and overcrowding on its third.
Electric Zoo 2021. Photo by Zachary Mazur/Getty Images
Electric Zoo 2023 suffered numerous setbacks, including the cancellation of its first day and capacity issues on the third. Now, two attendees have filed a class action lawsuit against the New York City electronic music festival, Rolling Stone reports and documents obtained by The FADER confirm.
Plaintiffs Nicole Brockmole and Lauren Bair are seeking damages on “behalf of all affected patrons who paid for ticket(s) for access or entry to [Electric Zoo] were not granted access.” Describing the festival as a “nightmare,” the complaint alleges Electric Zoo organizers “violated the terms of the ticket contract” by not providing an adequate explanation for the first day’s cancellation and denying entry to approximately 7,000 ticket holders on Sunday.
Additionally, the complaint claims that organizers “intentionally delayed” the announcement of Friday’s cancellation in order to continue selling tickets to the Electric Zoo afterparty at Avant Gardner; the venue is owned by the same Swiss investment fund that controls Electric Zoo.
Electric Zoo has blamed the cancellation of the festival’s first day on “global supply chain disruptions.” According to a Billboard report, the festival did not pay vendors in 2022, leading to a lack of professionals to service the event. The long lines and rejection of valid ticketholders on Sunday were blamed by EZoo on the issues it faced on Friday. Last week, Mayor Eric Adams said that the city would be taking legal action against EZoo.
The alleged infractions are listed in the complaint:
Defendants’ deceptive acts include representing or omitting that (1) Electric Zoo would take place as scheduled on Friday, September 1, 2023; (2) Electric Zoo had all the necessary equipment, materials, supplies, suppliers, vendors, labor and personnel to handle all the maintenance, construction, and build out for Electric Zoo’s design and infrastructure like the stages, seating, bathrooms, and concessions, (3) Electric Zoo would pass all inspections and tests done by the City and other agencies or regulators; (4) Electric Zoo would receive all the necessary permits and approvals by government agencies and other authorities to take place as scheduled; (5) Electric Zoo would not be oversold or exceed capacity; (6) Electric Zoo capacity and crown control would not violate, and comply at all times with, New York City fire codes and other capacity and safety rules and regulations applicable to New York concerts or festivals; (7) that everyone with a valid ticket would be able to attend and/or access Electric Zoo; and (8) EZNY had oversold their shows.
The FADER has reached out to Electric Zoo for a statement.