~ Blue Jays ~
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.
Or just maybe the Judge may have remembered Jefferson's challenge to the Colonial Virginia assembly "it is better to live free men than to die slaves."
I, for one, am tired of dying the slow death of a thousand tiny cuts to "live" as a slave to "security".
Perhaps the judge does not attend sporting events, so has no reason to worry about his personal safety because of this decision?
Or maybe when Jefferson said, "oh what the hell, let everyone do wahatever they want and let's just let it all hang out!" No wait, he didn't say that. And he didn't mean by freedom, that we be made powerless to protect ourselves against a ruthless, depraved enemy that has already demonstrated willingness to use our freedoms against us.
There were plenty of freedoms curbed during World War Two. I believe Jefferson would've approved.
Easily fixed then. The NFL mandated the searches, the Bucs hire a private firm to do the searches.
Johnson can go piss up a rope.
~ Blue Jays ~
Let me guess--you're the gentleman in the chair.
You know so much about security, maybe you can divine who supplied the chair to that guy before he came into a venue?
You're just the guy I'd want at the head of my operation.
How so??? Don't you go to the grocery store, movie theater, etc. without being patted down? I went to every Mavs game last year, was never patted down, and never felt in danger (other than walking to the train station in downtown Dallas).
No problem. Allow ticket holders to refuse the search, refuse entry to said ticket holders. No rights violated
Those kind of motorized chairs are widely available on the market. There was a story in the The Wall Street Journal recently about their increasing number of sales. Thank you for your kind employment offer, but I'm happily with another company at this time.
~ Blue Jays ~
As long as they do it in their own private stadiums, it works for me.
Ummm you buy a ticket it comes with conditions. You want to drink the water you bought at wally world, drink it at home.You pay 50+$ for a ticket don't expect bargain basement prices for concessions. Did your buddy's family not notice that there are FREE water fountains?
"- Almost every concert I have been to in the past 25 years pats down people to ensure nobody is bringing in contraband."
makes me wonder how good a job they've done at Dead concerts.
"So what happens when a businessperson attending an event is told they'll have to surrender their expensive Montblanc Meisterstuck fountainpen because it could be used as a dagger?"
He can take it back to the car
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.
It doesn't matter what the real reason for these searches is. If you don't like being searched, then stay home (like I do).
Uh-huh. And my point was that a chair like that might be rigged by a third party, unknown to the disabled or indigent person who might be sitting in it.
Look. Plenty of grannies are scanned on their way onto airplanes. I'm all for profiling for terrorists. On the hand, let's not assume every time we see an "unlikely candidate" undergoing a security check, the pros automatically have their heads up their butts.
It is unreal what some people (especially FReepers) will endure! When the movie theaters in my area started checking bags, I would simply hand them my ticket and breeze past with a cheerful and smiling, "No thank you!" when they asked to peer in my bag. The use of metal detectors really gets under my skin and now a little 2-inch penknife is enough to prevent entry into many museums.
It seems many people have an inability to see what is down the road, even when given your excellent one thousand tiny cuts example. We are in 100% agreement on the topic.
~ Blue Jays ~
Why not?
"Search me, big boy..."
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