Appeals court reverses ruling on pat-downs at Bucs games

Tampa Bay Buccaneers fans may be subject to pat-downs before home games after all this year.

The 11th Circuit Court of Appeals issued a ruling Tuesday morning saying the district court judge erred when he upheld an injunction protecting Bucs' season ticket holder Gordon Johnston from the pat-down searches conducted at Raymond James stadium.

The patdown searches, which are NFL policy at stadiums nationwide, were halted for Buccaneers games after Johnston, a civics teacher, challenged them as unconstitutional.

In July, U.S. District Judge James Whittemore upheld a state court ruling that the patdowns violate the Fourth Amendment protection against unreasonable search and seizure.

The decision was appealed by the Tampa Sports Authority, a government body that owns the stadium.

In its 11-page ruling, the appeals court said the searches are constitutional because Johnston submitted to them voluntarily.

"Johnston knew that he would be subjected to a pat-down search by the Authority if he presented himself at an entrance to the stadium to be admitted to a Buccaneers game," the ruling said. "That is, he chose to submit voluntarily to the search, stating only a verbal objection."

The case now returns to U.S. District Court.

-- Carrie Weimar, Times staff writer

Comments

[Eric]

What a moron this guy is. Seems very selfish to try and sue someone when they are trying to protect you.

This will give me potentially yet another reason to think further about not renewing once my seat deposit comes up.

The Bush Administration has played for far too long on the politics of fear and this is just part of it.

First and foremost, the pat down searches are hardly anything. If they wanted people to be secure, they would take more than .5 seconds to do it. The speed sacrifices too much in quality. They want to do quality pat down searches? Do them right.

Second, all last year, or at least most of last season, we didn't have them and there was not one security threat at Ray Jay.

We are there to root for our beloved Pewter Pirates and to have a good time. We aren't there to do anything illegal.

I give major "props" to Gordon Johnson. I wish there were more citizen activist who asked "why" instead of just acting like lemmings.

[Lisa]

What happens if there is a terrorist attack at a stadium? Or even a shooting? The people complaining about the patdowns now would be the first to sue and complain. It is sad to say but this is the way it has to be. The needs of the many.....

[Chris]

Another example of a LibTurd Anti-American / Pro-Terrorist Teacher of your children(that's hwo brought the suit...thanks ACLU)........THANK GOD AND JESUS ALMIGHTY that the courts went against his asss-inine suit.....

[Oh My]

This all boils down to $$$. If they truly wanted to protect the fans they would install metal detectors! Of course that would cost too much and therefore is not feasible. The fact that they physically touch you is completely asinine. If I wanted to get felt up I would go down the street to Mons and spend the money there. At least it would be enjoyable and I would leave satisfied. Not like a Bucs Game. If you think a little tickle, tickle, nudge, nudge actually protects you then YOU ARE AN IDIOT!!! Those minimum wage rent-a-cops are just getting off touching you. They are not protecting all that’s good and pure from the evil forces of terrorism as the media and you mouth-breathers believe.

I think they should pat you down when you go to the grocery store, to the mall, out to a restaurant, get gas, to the beach, at the movies, when you go home, Take a $h!t. WE HAVE TO STOP THE TERRORISTS! NO ONE SHOULD BE ABLE TO WEAR CLOTHES IN PUBLIC. SAVE THE CHILDREN! THEY ARE OUR FUTURE. TREAT THEM WELL AND LET THEN LEAD THE WAY...

John Adams was a TRAITOR

[Dallas]

I would feel a lot better about submitting to these searches if they were being performed by a bunch of gorgeous Hooter's girls. The important thing about this story, as it is with all of the others, is that lawyers received large piles of money in return for their services.

[Dru]

Sure, this will protect us against terrorism. I'm sure if the terrorist who has strapped a bomb to himself is gonna walk away instead of attack the thousands of people waiting to get in. Are these "security" guards gonna pat down a plane before it hits?
I'm more worried about the criminals on the Bucs than a fan in the stands anyways!

[Bill]

Unbelievable. Benjamin Franklin said it best: a society that surrenders liberty for security deserves neither. Our government isn't interested in protecting us: they are interested in how many liberties they can trick us into surrendering. And the comments on this page lead me to believe that the american voter is as stupid as I always thought they are.

Bill your grammar sucks!

[Tammy]

Most of the suicide attacks in the world come OUTSIDE the secure areas just as they get to the congested part of the entrance. Every minute we spend clustered in a vulnerable line is putting everyone in much more danger than letting us get inside with our friends.
How many people really think the security people can stop someone they catch with a bomb before they can detonate and harm those around them?
Exactly what freedom are we fighting for if we live in foolish fear?

Freedom isn't free...it's a dollar and fifty cents!

[Joe]

Hmmm, As a season ticket holder this is a lot of noise. Nothing happened last year when I was never patted down, and as a result nothing happened. Pat downs are not going to find the things that can harm us. A person who wants to do something bad will find a way regardless. Just have a good time at the game, stop sticking your head in the sand and thinking that someone rubbing your legs will magically prevent a tragedy.

[C]

The NFL is relying on fear for submission and give the perception of safety. How many terrorist attacks would have been stopped by pat downs? Terrorists don't need guns to spread fear or to attack the masses. I would be more worried about the parking lot or outside the building, but I don't spend my life living in fear either. If you do, the terrorists have already won.

The only thing that the pat downs accomplish is holding up the masses of people attempting to get into the stadium. This plays into the terrorists hand. The searches are noting more than an attempt by the NFL and the Tampa Bay Sports Authority to show that they are trying to do something in the event an incident occurs. And what does that do? It saves them a ton on liability insurance. Gordon Johnston was right. These searches are not appropriate, nor do they help. And he had the testimony of several anti-terrorism experts to back him up.

[Libertarian Mike]

How can it be 'voluntary' if it's manadatory to get in? There are too many benighted people in this country who think that if you have nothing to hide there is no reason the cops should not arbitrarily search you, your house, your car, your medical records, your computer, your library history, your video rentals. BOYCOTT the stadium! It should be a lot easier since the Bucs suck again. Congratulations Osama...you won. And remain free, unlike us.

[Matt]

Trying to protect us Eric...please? These pat downs don't do anything but inconvenience those who attend the games. If someone wanted to terrorize Ray Jay they could walk right in past the pat downs. It's IS unConstitutional, it is unReasonable. I guess you'd think it was ok if they made you strip on the way; afterall, they're trying to protect you!!! Who's the MORON?!?!?!?!?

[Kay]

These are not voluntary! I tell you what, those of us that don't live in fear can go to the games and the rest of you can stay home but no pat downs. Can I voluntarily not be searched if I wear my bikini? How about the guys? Bill's comments are right on!

Just another good reason for me to stay away from a bucs game.

[Dallas]

I am pretty sure that no weapons will be found on the Buc's offense, so they should be exempt from the pat down.

[Rob]

So, now instead of blowing himself up inside the stadium, all a suicide bomber has to do is blow himself up outside the stadium in the midst of the thousands of people waiting in huge lines to be patted down. This making us more safe? Hardly. Just taking us further down the slippery slope away from the Bill of Rights.

[Tom]

Boohoo...if this bothers you so much don't go to the game, just as if you don't like airport security don't fly. This measure is probably intended more for handguns (see VTech) than suicide bombers. If it grinds your gears that much don't renew your season tickets...I'm sure any one of the 80,000+ on the waiting list will gladly take them off your hands.

[Paul]

I find it laughable how many "patriots" willingly give up personal freedoms and scoff at those who question authority. Pitiful at best. Oh well....go get felt up like sheep. I'll vote by not going. Too damn hot anyways.

[Dave]

The ten years are almost up.. with this ruling I am moved that much closer to letting my season tickets expire. I think Tammy is on point- it is safer to be inside where the faces around me are the same I have seen since RJ opened.
Tom if they worry about handguns then just check the owners...whoops I forgot that would be imposing on their rights!!

[Adam]

I'll just have to duct tape my shiv to the inside of my thigh.... no worries.

[iGwt]

A bill in Congress could make it a crime for pastors and churches to speak against homosexuality

[Sam]

Geez, Tom. I really wish there was a way to educate you about why people are appalled by this. Guys like you make me sad that our votes count the same amount. If you're so scared of terrorists, stay home and rock on your heels in the corner in the dark. Let the rest of us go out in the light and live like Americans.