[Infowarrior] - Judge rules NFL pre-game patdowns unconstitutional

[Richard Forno]

Judge rules against Bucs; league defends pat-downs
 
      
July 28, 2006
CBS SportsLine.com wire reports
http://www.sportsline.com/print/nfl/story/9576028

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
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.
AP NEWS
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