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Judge: Patdowns must continue

Today's ruling temporarily quashes the efforts of a season ticket holder to end the practice at Bucs home games.

By CANDACE RONDEAUX
Published November 1, 2005

TAMPA - Days after patdowns at Raymond James Stadium were ruled unconstitutional, a Hillsborough judge said Tuesday that Tampa Bay Buccaneers fans will continue to be subject to the searches. Hillsborough Circuit Judge Perry A. Little allowed the Tampa Sports Authority to continue with the patdowns pending the outcome of the agency's appeal to a higher court.

With just five days to go before the Bucs face off against the Carolina Panthers in a home game, the ruling temporarily quashes the efforts of season ticket holder Gordon Johnston to end the practice. The 60-year-old Valrico high school civics teacher filed a lawsuit against the Sports Authority two weeks ago, alleging that the searches violated his Fourth Amendment rights.

The National Football League mandated the patdowns at the start of the season at each stadium where its 32 teams play. Last week, however, Little ordered a temporary injunction barring patdowns at the stadium.

The Sports Authority voted Monday to appeal the judge's injunction. Today, the judge said he "recognized the importance of Mr. Johnston's right to be free of unreasonable searches" but agreed with Sports Authority attorney Rick Zabak that the patdowns should be allowed until the 2nd District Court of Appeal decides the appeal.

"The Tampa Sports Authority owes its patrons security," Zabak said.

The judge ordered Johnston to put up a $21,000 bond to cover the cost of the Sports Authority's attorneys fees or any potential losses in the event that the higher court rules against Johnston.

Johnston's attorney John Goldsmith was disappointed in Little's latest ruling. He said his client remains committed to fighting the patdowns and had received calls of support from Bucs fans and others around the country who expressed intest in his case. American Civil Liberties Union attorney Rebecca Steele, acting as co-counsel on the lawsuit, said it has not yet been determined how Johnston will cover the cost of the bond.

[Last modified November 1, 2005, 17:41:02]