California Supreme Court Hears ACLU Privacy Violation Arguments in 49ers Pat-Down Lawsuit
10 Comments Published by clay January 11th, 2009 in State and Local Politics.How about this? Is it a violation of privacy to be pat down prior to attending a football game? The California Constitution guarantees that Californians have a right to be free from unjustified intrusions on privacy. At the center of this protected realm is a sphere of personal autonomy that includes a person’s own body. A fundamental right to privacy was enshrined in state law when voters passed the Privacy Initiative in 1972. The right to privacy figured centrally in the state Supreme Court’s historic ruling in the same sex marriage case last May.Please remember to include evidence that you read the article in your response. 49er Fans
If the California Constitution guarantees that Californians have a right to be free from unjustified intrusions on privacy I think it should be kept. It’s not fair for people to be suspected of something that they haven’t done. It might be for security but if the person who is checking takes advantage of what they are doing then it is not fair. I like the California Constitution I agree with it and I think that it’s there for a reason and it should b respected.
I believe that it is perfectly acceptable to be searched before a 49er’s game. With the way things are, higher security could only do good. What do people have to hide? If they have anything to hide, they shouldn’t bring it into the football game. Higher security is need because football is a huge aftertime hobby of Americans. Just like in LAX how people are pat down, it is done for the better good of everyone. I remember my mom would be worried about going to Disneyland because of bombings and 9/11. Speaking of which, at theme parks all bags and purses are searched. Isn’t that a violation of privacy too? No, it is a security check.
Even though no other sport practices such security, people have to step up. One league has to be the first and since football is a huge sport in America, I believe it is okay for the football league to place such strict security on the games.
I would have no complaints about being pat down because it only takes a second and it could possibly save my life.
“…and Court of Appeal dismissed the suit before trial on the theory that the fans had consented to the searches by renewing their season tickets.”
This statement sums up what I was thinking the entire time I read this article, and that is that it was the fan’s choice. They choose whether to go to the games or not. And with anything there are certain policies that go along with that. If you do not like those policies than you can choose to not participate in that event. By buying their tickets they are in a sense signing a contract to adhere by the statutes that govern the stadium. Whether that be no weapons allowed or pat-downs. These policies are set in place for the fans safety. And I find it suspicious that they do not want to be pat-down, what are they hiding that would make them self-conscious about being pat-down? Is it really a self-esteem issue or something more? I understand if the pat-downs were intrusive like some squeezing your butt or something, but if they are just patting you down to check if you have concealed weapons or something of that nature than no, its not a big deal. Those people do not have to go to the game. They can’t force a business to change their entire policy just for them. When it is universally seen as practical. The bottom-line is that they do not have to attend those games. Its just like the policies regarding the first amendment if a group of neo-nazis want to have a rally all they have to do is make it known where and when they are going to have it so that anyone who does not want to be a part of it can avoid it. Its different if neo-nazis went up to you and blatantly started throwing racist speech at you. That’s different. Just like if you went to the game and was the only person being pat-down for no reason. That would be a violation of privacy, not if you and hundreds of fans are being patted down before they enter a large stadium full of people.
It’s perfectly normal to have searches. Its only a matter of safety. When there is thousands of people in a stadium, its only logical to search people.
I have been to numerous concerts where they search. The number of people at the concerts werent even half as big as a 49er game.
And plus, what do peple have to hide that’s so PRIVATE. If its that important, you shouldn’t bring it to any public event.
“The pat-down policy was implemented in 2005 in response to a directive from the NFL. Among major national sports, the NFL stands alone in requiring pat downs. No other major professional sport requires routine pat downs—not baseball, not basketball, not hockey.”
I think that if a person wants to go that football game, then they need to suck it up and just deal with the rules. If not, dont go.
I woulod be perfectly fine if all major games conducted searches. Basketball, hockey, baseball, soccer, anything.
Its onl a matter of safety.
So I think that it’s a good idea to have a security check before a football game. The people are getting so upset about have to be checked, and yet claim there’s nothing to hide… well, I beg your pardon… but if there is nothing to hide why stress about it?
One statement that kind of annoyed me was;
“The California Constitution says that we don’t have to pay for access to goods and services with our privacy,” said Ann Brick, staff attorney at ACLU-NC. ” This includes having to let a stranger run their hands all over your body as part of the price of attending a 49ers game.” I think that Ms. Brick is taking this to the next unnecassary level. There are security checks everywhere, in this day I think it’s acceptable. We get searched at the airport, at concerts, at theme parks… Hell some schools have metal detectors, and it’s not like the security gaurds grope you they simply pat your sides and your legs. They use a metal dectector if they belive you have something to hide. C’mon. Really?…I don’t see a huge deal with this, If there’s something you want to hide just don’t take it to a football game.
End of story.
Thank you. :]
To search people in order to watch a game that many people enjoy is acceptable. I’ve seen violence occur in stadiums all over the world just because the people are rooting for the opposite team. This ensures that even if it does happen, nothing major happens such as having knives, guns, or even anything that can be harmful. I find it acceptable to ensure the safety of many who can get hurt. If you want to see a show, you have to understand many things can go wrong, so making there security better should be something we should encourage, but there is a limit. If people would hate to be checked, than they can just watch it on TV, or not even go at all. There is a different experience, but at least the TV won’t be checking up on you. I don’t think the 49ers are breaking a law by providing a safe environment for their fans.
i believe, yes it is wrong to invade someone’s privacy and it is unconstitutional but you have to remember that there are terrorist that go to games like that and i believe that people have to be searched up to a certain extent because the organization needs to have some kind of safety precaution or like some sort of prevention. for example using metal detectors and bag inspections.
I don’t think that these pat-downs are unconstitutional or anything. I think its good that they have a better way of security. There has been previous attacks that have occurred during football games. I remember once watching television and i say a clip f someone getting stabbed because he was sitting on the opponents side of the stadium. Things like these could be prevented by these pat-downs. Although people always manage to find a way to commit a crime or act of violence, by having these pat-downs, it helps reduce these attack or possession of illegal things. They do these pat-downs at theme parks and concerts and it has proven to reduce crime. It is not like they are doing something that has never been done before or is not being done currently. I believe that people shouldn’t complain about this because its just helping security make the place safer for them.
First of all, if it is a violation of privacy to be searched then I would of already filed a harassment report because I’ve been frisked many times before entering somewhere. I believe it isn’t unconstitutional as long as the person searching you asks for your permission. I don’t know if that was the case though. As everyone else said, it is necessary to take the precautions of a security check and not risk any danger. Today, people are suing for stupid stuff and you got to be careful on what you do, say, and even believe.
Most if not all of you accept some sort of search (whether it is by a person or technology) prior to entering an entertainment event. I think it has become common practice, thus, we are more willing to allow it to happen.
What if we were searched before entering major stores, such as a grocery store, Target, or a department store? Would this be ok?