(CN) – The California Supreme Court reinstated a lawsuit by San Francisco 49ers fans challenging the NFL’s policy of conducting pat-down searches as they enter the stadium.
Daniel and Kathleen Sheehan sued the team, alleging that the pat-down policy violates their state constitutional right to privacy.
The trial court sustained the team’s demurrer and dismissed the case.
A state appeals court affirmed the decision, stating that the Sheehans could have walked away from the search with no questions asked, so they consented to the search.
But Justice Chin reversed the decision, ruling that the Sheehans can proceed with their case.
“The record does not contain enough information to establish as a matter of law that the complaint fails to state a cause of action,” Chin wrote.
Part of the reason for Chin’s decision was the fact that the 49ers have not responded to the complaint.
“The 49ers have not yet given any justification for its policy,” Chin ruled. “Further inquiry is necessary to determine whether the challenged policy is reasonable.”