What a day for court decisions … but this one affects me directly.
Today’s ruling by a three-judge panel of the 11th Circuit Court of Appeals will allow patdowns of fans to resume at Raymond James Stadium in Tampa for Buccaneers football games. The court apparently didn’t rule on the constitutionality of the patdowns, which were challenged under the Fourth Amendment prohibition of unreasonable searches and seizures. Rather, the decision rested on the plaintiff’s standing — or lack thereof — to sue.
“[Plaintiff Gordon] Johnston knew that he would be subjected to a patdown search … if he presented himself at an entrance to the stadium to be admitted to a Buccaneers game, ” the opinion said. “That is, he chose to submit voluntarily to the search, stating only a verbal objection.”
Johnston was searched outside three home games before a Hillsborough Circuit Court judge halted the practice in November 2005. The case later moved to federal court.
Johnston, 61, said he was disappointed and surprised by the decision.
“I almost feel like I was hit in the stomach, ” he said. “I feel like, man, I know the Constitution. It just doesn’t make any sense to me.”
Johnston said he wants to weigh his options with his attorneys before deciding how to proceed. He could ask the panel to reconsider its decision. He can also request a review by the entire 11th Circuit, which is made up of 12 judges, or appeal to the U.S. Supreme Court.
This is going to take a lot of fondling. (Photo by Sinfonian at the last home playoff game, January 7, 2006)
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As noted later in the article, this really could lead to a slippery slope, because the ruling basically says that if you consent to certain treatment in violation of the Fourth Amendment, you can’t complain about it later.
The decision reverses and remands an earlier ruling in U.S. District Court in Tampa, and indeed the Eleventh Circuit is the first court to rule against Johnston, who also won at the trial and appellate levels in state court.
Frankly, I’ve never thought that the patdowns achieved much of anything. I’ve had season tickets for Buccaneers games since 1998, and I’ve undergone the searches myself (which I guess makes me ineligible to be a new plaintiff, since according to the 11th Circuit, I consented). The patdowns are quite cursory and the personnel conducting them seem to be in a great hurry — understandably, since a large number of the 65,000 or so fans attending each game are entering within the last 20-30 minutes before kickoff, creating huge lines at each gate that would be longer if the patdowns were thorough.
Ultimately, because I love the Bucs and I love attending the games, I’ll go to RayJay pretty much no matter what. However, I tend to agree with U.S. District Judge James Whittemore, whose ruling against the patdowns was reversed today:
“A generalized fear of terrorism should not diminish the fundamental Fourth Amendment protection envisioned by our Founding Fathers, ” Whittemore wrote in his July order upholding the state court decision barring the searches. “Our Constitution requires more.”
And so the gradual, inexorable erosion of Americans’ constitutional rights continues …
Blast Off! in exile 