A Hillsborough judge on Thursday ordered a halt to pat-down searches before Tampa Bay Buccaneers games at Raymond James Stadium.
Hillsborough Circuit Judge Perry A. Little issued the temporary injunction nearly two weeks after high school civics teacher Gordon Johnston, 60, sued the Tampa Sports Authority, claiming its decision to implement the searches was unconstitutional.
Little said he initially had doubts about the complaint, but in the end was convinced by legal precedents that the NFL-mandated searches should end.
“I didn’t think personally that what the Tampa Sports Authority was requiring was unreasonable, but our personal beliefs are not the standard we must be guided by,” Little said from the bench. “A random search of 65,000 people every Sunday is not the way.”
Under the judge’s ruling, the Tampa Sports Authority has a right to appeal the injunction and can fight to reinstate the pat-downs in a civil court proceeding.
Until then, however, Bucs fans will not be subject to the controversial searches at home games, including the next one Nov. 6 against the Carolina Panthers. If Johnston wins his lawsuit, the pat-downs would be permanently banned.
……“9/11 was a tragedy in and of itself, but that doesn’t mean, in my opinion, the Constitution has to be ripped up and thrown out the door,” Little said.
The Tampa Sports Authority began the searches this year as an antiterrorism measure mandated by the National Football League.
Two weeks ago, high school civics teacher Gordon Johnston, with the help of the American Civil Liberties Union, filed a lawsuit against the Tampa Sports Authority asking for an end to physical searches.
……John Goldsmith, who represented Johnston, congratulated his client.
“I think a lot of times the easiest thing for people is to go along,” Goldsmith said. “Unfortunately, going along is what allows our constitutional rights to be violated. It takes somebody who’s willing to stand up and protest to make our country work.”
Richard Zabak, who represents the sports authority, said he was disappointed by the ruling and was not sure what authority officials will do next.
“We respectfully disagree,” he said. “I don’t know how this is going to evolve.”
The injunction’s effect on the rest of the nation was unclear Thursday.
NFL officials stood by their policy.
“We are disappointed by this initial decision,” said Greg Aiello, an NFL spokesman. “Pat-downs at other NFL stadiums should not be affected by this ruling. We believe these limited screenings are reasonable and important to the protection of our fans.”
……In closing arguments Thursday, Goldsmith asked a rhetorical question: “Where do we draw the line?”
Do we pat-down people when they leave their house, he asked; do we search them before they get on a bus; do we search them before a baseball game or a basketball game?
“To permit that is to undo the very principles this country was founded on,” he said.
Well, the pat downs are gone, for now, as they should be. But what both articles seem to be missing is that the case hinges on the fact that the searches are being paid for by a governmental agency. If the Bucs decide to bear the cost themselves, the intrusive unconstitutional searches may well resume.