Updates to our Terms of Use

We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website.

Thursday, March 28, 2024 | Back issues
Courthouse News Service Courthouse News Service

Court Revives Lawsuit Over Stadium Pat-Downs

(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."

Categories / Uncategorized

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Loading...