Foxborough counters Kraft Group’s lawsuit over stadium licensing fees

The Town of Foxborough has responded after Kraft Sports & Entertainment and the New England Patriots filed a lawsuit against the town over new financial obligations associated with Gillette Stadium’s annual entertainment license.

On Tuesday, Foxboro announced it had filed a 61-page answer and counterclaim asking a judge to dismiss the lawsuit, arguing that the companies are “contractually obligated” to pay public safety costs associated with stadium events — expenses the city says should not fall on local taxpayers.

“These public safety services are uniquely required due to the volume and nature of the events taking place at the stadium and should not be borne by Foxborough taxpayers… Under its long-standing contract with the city, Plaintiffs are required to bear these expenses, a fact Plaintiffs failed to include within their basic appeal,” the City said in a statement.

The countersuit comes after Kraft Sports — along with co-plaintiffs New England Patriots LLC, Kraft Soccer LLC and NPS LLC — filed a lawsuit against the city on June 15 in Norfolk Superior Court, accusing Foxborough of “repeatedly and unlawfully abusing its licensing authority to extract money” from the organizations that operate Gillette Stadium and its events.

According to the complaint, Foxborough used the stadium’s 2026 entertainment license renewal to impose nearly $1 million in new annual financial obligations, despite State Law Limit the entertainment license fee to $100.

However, Foxborough said prosecutors “intentionally mischaracterized the dispute.” In its counterclaim, the city asserts that the payments are not illegal licensing fees, but rather damages required under the long-term lease agreement between the parties to cover public safety services needed for large-scale events.

The city said it was “disappointed” to see the claims made by the companies because they “fail to acknowledge the extensive work” done by Foxboro’s public safety teams, noting that more than 70 events are held at the stadium each year.

In the suit, Foxborough dismissed most of the claims made by Kraft Group and its co-plaintiffs. The city asserted that the companies “intentionally” mixed state licensing regulations with their contractual requirements under the stadium lease.

“While Plaintiffs, a group of multi-billion-dollar corporations, would prefer that Foxboro taxpayers bear these expenses, they are contractually obligated to pay for the public safety services necessary to ensure safe and efficient events at their venue,” the document reads.

The town asserts that it “acted legally and appropriately in issuing the license and imposing the necessary conditions to protect public health and safety.”

In the lawsuit, Foxboro also denied plaintiffs’ claims that the city billed the company for “$953,640.” Foxborough said it instead issued its first bill, its 12th installment, under the terms of its entertainment license.

Additionally, Foxborough’s countersuit alleged that the lawsuit violated the “implied covenant of good faith and fair dealing” by rejecting the terms agreed upon in the lease.

“As a result of this violation, the city, stadium event sponsors and Foxboro taxpayers have suffered or will suffer harm that can only be remedied by specific performance of the obligations under the lease and license,” the court filing said.

Along with asking the court to dismiss the complaint, Foxboro asked the court to award the city its “costs, fees and expenses in defending this matter for the frivolity of the complaint and Plaintiffs’ lack of candor before this court.”

“The city remains committed to protecting public safety and the interests of its residents while ensuring that events at Gillette Stadium continue to be held safely and successfully,” Foxboro officials said. “The city is also committed to ensuring that the owners of Gillette Stadium adhere to their obligations.”

A Kraft Sports spokesperson did not respond Tuesday evening to a request for comment.

The legal battle represents the latest development in ongoing negotiations over entertainment licenses for Gillette Stadium.

Earlier this year, a row over security expenditures briefly raised questions about preparations for the 2026 FIFA World Cup, which is scheduled to feature another match in Foxborough.

In March, Foxborough board members said they would not approve the entertainment license required for the games unless the Kraft Group agreed to cover an estimated $7.8 million in public safety costs. The dispute was eventually resolved after Kraft Group agreed to cover security costs, paving the way for the World Cup matches to go ahead.