The American Civil Liberties Union of Florida today announced that a federal judge has blocked mass pat-down searches at Buccaneer games, stating that the public “has a compelling interest in preserving the constitutional right to be free from unreasonable governmental intrusion.”Never mind that the patdowns also prevented people from bringing weapons and other prohibited items into the arenas and ballparks, but the very real possibility of a terrorist attack against a mass gathering of people. Attacking public events, like football and baseball games, is a very high profile attack that al Qaeda would consider. The NFL and the Stadium management owe a duty of care to the fans, players, and staff at the arena to ensure a safe facility. Those searches help ensure that safety.
The court order follows a similar injunction issued by a state court judge in October of last year and prohibits mass random searches of Tampa Buccaneers patrons without individualized suspicion. In both rulings, the courts held that the Fourth Amendment protects Americans from unreasonable searches such as those being conducted at Raymond James Stadium, which is owned and operated by the Tampa Sports Authority.
“This case is important because it involves being forced to give up a very real liberty in the name of generalized fear,” said Rebecca Harrison Steele, Director of the ACLU of Florida’s West Central office. “The government does not have a blank check to suspend the constitutional rights of Americans. Across-the-board pat-downs are a violation of each and every person's rights, and we are happy that has been upheld by the court"
Yet, the ACLU and the judge who issued this decision in the district court, U.S. District Judge James Judge Whittemore, believe that the fear of a terrorist attack should not diminish the civil rights of those entering sporting events.
The suspicionless pat-downs at Buccaneers games came as a direct result of the National Football League's (NFL) policy requiring security personnel to physically pat-down every person entering the stadium during football games. But, as the ACLU pointed out, the government can't search individuals without individualized suspicion.The City of Tampa and the NFL intend to appeal this asinine decision. As they must. The safety of their patrons depends on it.
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