This case should be thrown out early in the process. Nobody is subject to mandatory search. Only those chosing to submit to search in order to get into a crowded football stadium. Supply and demand says that if enough people stay home because of the search policy.... the policy will change :)
I experienced the pat down at the Texans game last weekend. It was no big deal, lasted about 1 second. Clearly they were looking for items around the chest/waist area.
I still think I am due a refund because of the Texans performance on the field.
The words "crowded football staduim" do not appear in the 4th Amendment.
There are two and only two distinct possibilities:
1. The government owns the stadium, in which case the 4th Amendment comes into play.
2. The stadium is privately owned (and by that I mean the taxpayers didn't pay for it), in which case the stadium's owners can set whatever admission rules they like, including searches.
If I am a season ticket holder and the team decides -- after I've already paid for my tickets -- to make a major change in their admission policy (like requiring every fan to undergo a strip search), then they have clearly violated the terms of our "agreement."