Posted on 07/28/2006 7:24:33 PM PDT by Cagey
TAMPA, Fla. -- Security "pat-downs" of fans at Tampa Bay Buccaneers games are unconstitutional and unreasonable, a federal judge ruled Friday, throwing into question the practice at NFL games nationwide.
U.S. District Judge James D. Whittemore issued an order siding with a Bucs season-ticket holder who had sued to stop the fan searches that began last season after the NFL implemented enhanced security measures.
High school civics teacher Gordon Johnson sued the Tampa Sports Authority, which operates the stadium, to stop officials from conducting the "suspicionless" searches. A state judge agreed with Johnston that the searches are likely unconstitutional and halted them.
The case was later moved to federal court, where the sports authority sought to have that order thrown out. Whittemore refused Friday, writing that the pat-downs "constitute unreasonable searches under the Florida Constitution and the Fourth Amendment of the United States Constitution."
Further, Whittemore said the Tampa Sports Authority failed to establish that the risks outweigh the need to protect the public from unreasonable searches.
Howard Simon, executive director of the ACLU of Florida, which sued on Johnston's behalf, said Whittemore's decision could turn out to be significant.
"It's obviously not going to govern what's happening around the country, but it's certainly going to be an influential precedent," Simon said. "Other courts may look at it."
Simon said he thinks the decision shows that courts are "pushing back" at governmental attempts to violate citizens' civil rights on the basis of a perceived threat of terrorism or crime.
Rick Zabak, an attorney for Tampa Sports Authority, said the decision will be appealed.
"We're disappointed, and we respectfully disagree with the judge's conclusions," Zabak said.
Calls to an NFL spokesman were not immediately returned Friday. In a previous statement, the NFL said "these limited screenings are reasonable and important to the protection of our fans."
Another NFL pat-down case made it into federal court last week when the Chicago Park District sued in federal court to challenge the planned searches by police at Chicago Bears games.
If you don't like what the Fourth Amendment to the Constitution of the United States says, I invite you to either try to get it amended, or move to a country where you are 'free' to worship the state all you want.
James Madison and the other Founding Fathers were truly brilliant men. Hopefully the chains will rest lightly on the FReepers who wish to sacrifice liberty in pursuit of safety.
~ Blue Jays ~
Wrong. The liberty at play here is the right of a private business to set conditions on attendance. No one is forcing the customer to a pat down. He may simply go home. You do not have a 'right' to attend private sector events free of any conditions.
Hey, that's profilin'...and profilin' is wrong!
See my post #39.
So do the residents of Tampa get to attend the events for free? Obviously the city rents the venue to a private enterprise that sets the terms of admission.
That three feet of personal space comes in real handy.
" Stadiums and venues are using this as "smoke and mirrors" to get a look at your stuff to see if you're bringing your own Poland Spring to a summer ballgame rather than buying their $6.00 bottle. "
Anyone who has been to the Raleigh, NC, Entertainment and Sports Arena knows this too well. They won't even let you bring an EMPTY plastic bottle in to fill up at the water fountain at that place. I know b/c they wouldn't let me. Basically they wanted to make sure I had to buy their water.
They say it's for security but it's about profit. And if they choose to have these policies then I choose to vote with my feet and avoid that place.
The article says the TSA was the party in the lawsuit. Not the NFL. Not the Bucs.
Eric Clapton/Cream concert at Madison Square Garden
Who the hell would want to go see an Eric Clapton/Cream anyways??
They were smarter than you. There is no such thing as absolute liberty. Only ordered liberty, whch requires prudent attention to safety. Nothing in the constitition precludes the sort of action the NFL is engaging in. And hopefully, a higher court will attest to that.
See post #46.
So if you take a two-hour limousine ride to a Broadway play with your husband or wife and the venue decides cellphones are prohibited and must be tossed in collection bins because people can't be trusted to turn them off and may contain cameras, what would you do? What if it's an expensive converged device (e.g. Treo or Blackberry) supplied by your employer?
See what I mean about the slippery slope?
~ Blue Jays ~
Already answered. Besides, I fail to see how the citizens getting screwed once by the government -- having to pay for tickets to a venue they were already forced to pay for -- somehow justifies a second governmental screwing by unreasonable search.
"Wow! A judge that understands probable cause, common law custom during war time and the 4th amendment. Maybe we can stop patting down grannies in wheelchairs and focus on suspects that might be hauling bombs."
I agree with you. Where does it stop?
Have you ever had to go through one of these? These stupid pat downs cause huge crowds of thousands of people to stack up at the gates. Perfect target for your suicide bombers.
The only thing these security people worry about is someone bringing in beer or liquor that won't be purchased at kings ransom prices from the stadium vendors.
They don't stop weapons either. Two of my friends that are cops give their off duty carry pieces to their wife and girlfriend to put in their bra's. They don't search women very well.
Pat downs are a good for nothing, feel good exercise for the sheep.
"They are going into a private establishment, this has nothing to do with the Constitution."
You have no idea how much I agree with you; however, the judge stuck his nose into private property and now it's a public issue, complete with legal nuances, constitutional questions, various and assorted conundrums and maybe we can even get the EPA involved.
If I could, I'd build a stadium called "Make My Day" and the fans wouldn't be carrying wet mops. But the government knows better than us. Right?
Actually, we should thank our Islamic wing of the State Department, immigration lawyers, and the ACLU. I for one would prefer that the gestapo does not pat me down wherever I go in America, and I for one don't see the need to accept immigrant Muslims.
It's funny. We have the liberty bell being rung on this thread about pat-downs at stadiums, an obvious target for terrorists, about as obvious as trying to blow up the World Trade Center.
And meanwhile, we can all accept Kelo being rammed down our throats, a much more serious stab at our liberties, done with no purpose such as keeping us safe during a time of war...
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