This guy objects, too!
Posted on 03/03/2009 9:53:20 AM PST by Publius Valerius
If the San Francisco 49ers intend to search everyone attending home games, they're going to have to prove it's a reasonable act.
In a case being watched closely by professional sports teams nationwide, the California Supreme Court on Monday ruled for the first time that searches at private entertainment venues, such as stadiums, could violate privacy rights.
But the court remanded the suit filed by Daniel and Kathleen Sheehan for further proceedings. The couple owns 49ers season tickets and objected to pat-down searches outside San Francisco's Candlestick Park as a violation of their privacy rights.
The high court decided that the case, which had been decided in the 49ers' favor on a demurrer in San Francisco Superior Court, had an insufficient record to support a ruling on the merits.
"Those who provide private entertainment venues, including the 49ers at NFL football games, have a substantial interest in protecting the safety of their patrons," Justice Ming Chin wrote for a unanimous court. "But when the security measures substantially threaten a privacy right, courts review the policy for reasonableness under the circumstances.
"Here," Chin added in Sheehan v. The San Francisco 49ers Ltd., 09 C.D.O.S. 2525 , "we cannot do so because the record does not establish the circumstances of, or the reasons for, the patdown policy. The 49ers have not yet given any justification for its policy."
The pat-down policy was implemented by the National Football League in 2005.
San Francisco 49ers spokeswoman Lisa Lang said in a prepared statement that the team was disappointed, but was "gratified" that the Supreme Court "stressed that the lower court must consider the important role that the 49ers have in protecting fan safety."
Ann Brick, a staff attorney with the San Francisco-based American Civil Liberties Union Foundation of Northern California who represented the Sheehans, said the ruling "reaffirms that businesses don't have carte blanche to violate the privacy rights of their customers."
Not only will the 49ers need to show searches are justified, she added, but also that they're effective and less intrusive than alternatives.
So if flying can be fun — we don’t have to be treated like criminals when we travel again?
Liberals continue to go about setting up conditions favorable to an act of terror.
Dangerously stupid.
Why should they object? Unless, of course, they were holding.
What is it with people named Sheehan, already?
Maybe they don't like being treated like criminals. Or maybe they don't like a fat, sweaty security guy putting his hands all over their bodies. Just some quick thoughts.
Why have a 4th amendment, unless you have something to hide?
Why do you need the 1st amendment, unless of course you want to say something unpopular, or belong to a hate group like a Christian church????
Pat-Down Searches at Entertainment Venues Need Justification...”
Your honor, take a look at her! She’s built like brick out house. Can a man truly need any more justification?
this ain't just about a terror attack. it's about drunk guys with knives, guns in side the park.
the people who cry about this simple frisk for weapons are the same ones who would sue the pants off the 49ers if they got stabbed inside the park.
Here's your sign.
Please. If that were true, they wouldn't sell alcohol inside the park.
it's about drunk guys with knives, guns in side the park.
Like I said, so then stop serving alcohol.
Do you leave your gun at home???
when i go to giants stadium in a neighboring state? absolutely. my job has rules stating i should not carry in that situation.
Good question.
I hate the security checks and the privacy invasions as much as anyone else. But until terrorists stop threatening America, get used to it. I don’t want to see another senseless attack simply because we didn’t like being searched.
stop serving booze simply because you don't want the people carrying weapons to drink? so i guess tailgating would be banned too.
as much as i don't like it, places like this have the right to not allow guns/knives in their facilities. you don't like it? don't go.
but these frisks are not much more than a show of force anyway.
But you take it other places then??
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