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Ethical Concerns and Economic Impacts: The Controversial 'I Love NY' Suite at Highmark Stadium

Ethical Concerns and Economic Impacts: The Controversial 'I Love NY' Suite at Highmark Stadium

For more than three hours on Dec. 17, the state's political center shifted 295 miles west of Albany to Orchard Park. Inside the comfort of a luxury suite at Highmark Stadium, Gov. Kathy Hochul sported a 'BUF' baseball cap and state-seal-embroidered jacket. Assembly Speaker Carl Heastie donned a Dak Prescott jersey and a Dallas Cowboys winter hat, while Assembly Majority Leader Crystal Peoples-Stokes wore a Buffalo Bills winter hat and scarf draped over her Dion Dawkins jersey. They, along with registered lobbyists, Amherst Supervisor Brian J. Kulpa, a legislative staffer, and others, dined on pizza, wings, beef on weck, and other finger foods inside Suite 140A, which has served as the 'I Love NY' hospitality suite since 2013. They cheered as the Bills dominated the Cowboys with a 31-10 win. However, this suite has also drawn scrutiny, just like a Monday morning quarterback. As the Bills prepare for their first 2024 regular-season game, ethical concerns and questions regarding the suite's role in promoting economic development have arisen. Earlier this year, New York's former state lobbying regulator filed a complaint with the state’s ethics commission, which is now under investigation.

Susan Lerner, executive director of Common Cause New York, said, 'The use of state resources for this kind of perk has to be really carefully examined.' The 16-seat 'I Love NY' suite emerged from a 2012 lease agreement aimed at keeping the Bills in Orchard Park for another decade. The state, county, and team split the $130 million cost of stadium upgrades, with the state and county funding millions more for annual maintenance and other expenses. As a part of the deal, the Bills allotted a hospitality suite to the state. 'It's just one more tool in our toolkit to connect businesses,' Hochul told The Buffalo News at the New York State Fair. Critics argue that taxpayers see little benefit from a suite primarily used for networking, emphasizing that the dollar value set for suite tickets is too low.

The agreement stipulated that state officials could only use the suite for preapproved reasons like charitable or public functions, as well as fostering economic development, tourism, and public awareness for Buffalo, Erie County, and New York State. Some Albany lawmakers questioned the necessity of state access to a luxury box. Empire State Development subsequently assigned Buffalo Niagara Enterprise—now Invest Buffalo Niagara— to manage the suite and guest list. However, they struggled to fill the suite in its first year, the only season they oversaw its use. Tom Kucharski, the group's president and CEO, insisted in 2014 that the suite was never meant for politicians, emphasizing, 'We don't want that in the box.'

Over a dozen years, suite use has evolved, as revealed by annual reports from Empire State Development. These reports disclose who distributed tickets, who attended, and guests' affiliations. However, transparency complicated box usage as companies considering relocation to Buffalo did not want their interest publicized before deals were finalized. Consequently, the suite’s usage shifted to include nonprofits and local businesses. Tim Clark, commissioner of the Buffalo Niagara Film Office, emphasized the box's significance for the film industry, noting that Highmark Stadium is among the rare NFL venues allowing film and commercial shoots. Buffalo’s potential has been showcased in multiple productions, including Universal Pictures' 'Best Man Holiday.' “I think we blow people away when they get here,” said Clark, currently discussing with a production company eyeing a sports movie in Buffalo.

Rebecca Brady, founder of Top Seedz, chose to expand her business in Buffalo due to the city's favorable assets, despite not gaining much from her experience during the January's divisional playoff game against the Kansas City Chiefs. The University at Buffalo also leverages the suite, inviting entrepreneurs from its startup programs to foster connections among businesspeople. David Hill, a UB spokesperson, highlighted how the Bills suite offers critical networking opportunities to entrepreneurs. Suite ticket values have also been contested. While non-state-connected attendees receive free suite tickets, state employees, elected officials, and their guests must donate an amount equal to the ticket's “value.” For example, Kathy and Bill Hochul each donated $184 to FeedMore WNY Foundation for seats at the Sept. 17 game against the Raiders. Critics doubt the accuracy of these valuations.

A Bills spokesperson declined to reveal 2023 season suite costs. Reports suggest that Bills suites range from $9,000 to $30,000 per game, translating to $375 per person for a 24-person suite. The Dec. 17 Bills-Cowboys game attracted high-profile guests. Hosted by the Amherst Chamber of Commerce, its President and CEO AJ Baynes said he had six tickets and aimed to invite people who could discuss the Chamber's and town’s development priorities. The governor had recently announced $31 million for Amherst sewer upgrades, crucial for the Boulevard Mall’s overhaul. Conversations at the game covered topics like funding for the Boulevard Mall and indoor sports facilities, which could boost Amherst's economy. Hochul and Heastie defended their suite usage, citing economic development discussions. However, ethical concerns have been raised due to the presence of numerous elected officials and lobbyists.

David Grandeau, who previously led the Temporary State Commission on Lobbying, filed a complaint with the state's Commission on Ethics and Lobbying in Government. 'It is just flat-out wrong for someone like Carl or the governor to take it for free,' said Grandeau, questioning the legitimacy of claiming charitable donations as equivalent ticket values. Hochul used the suite for three regular-season games and one playoff game last season, compared to one playoff game the prior season. Former Gov. Andrew Cuomo reportedly never watched a game from the state suite. Heastie attended the game with lobbyist Rebecca Lamorte, his girlfriend, and another registered lobbyist, Patrick Jenkins, who is Heastie's college roommate. Heastie dismissed ethical concerns, emphasizing that all attendees made charitable donations equivalent to their tickets’ value. Peoples-Stokes also defended her attendance, underlining her support for the Bills and dismissing criticism.

Reinvent Albany executive director John Kaehny suggested that selling the box or introducing a lottery would benefit taxpayers more. At the new Bills stadium opening in 2026, Erie County—not New York State—will manage a luxury box, with plans to aggressively use it for business recruitment.