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By CANDACE RONDEAUX, Times Staff WriterA judge stays his injunction against the searches at Bucs games until an appeals court rules on the issue.
TAMPA - Patdowns of football fans will continue this Sunday at Raymond James Stadium while the legal battle over the searches moves through the courts.
Hillsborough Circuit Judge Perry A. Little had issued an injunction last week halting the patdowns, but the Tampa Sports Authority is appealing that order, and Little said Tuesday the ban on patdowns won't take effect while that appeal is ongoing.
With four days to go before the Tampa Bay Buccaneers face the Carolina Panthers in a home game, the ruling temporarily quashes the efforts of season ticket holder Gordon Johnston to end the patdown practice.
Johnston's attorney, John Goldsmith, said he was disappointed in Little's latest ruling. He said his client remains committed to fighting, adding that he has received several calls of support from Bucs fans and others around the country who expressed interest in his case.
The National Football League mandated the patdowns at the start of the season at each stadium where its 32 teams play, largely to guard against terrorists. Johnston, a 60-year-old Valrico high school civics teacher, filed a lawsuit against the Tampa Sports Authority two weeks ago, alleging that the searches violated his Fourth Amendment rights.
On Thursday, Little ordered a temporary injunction that barred patdowns at the stadium, saying the searches jeopardized Johnston's constitutional rights. But the home team advantage shifted to the Sports Authority Monday when the agency voted to appeal the judge's injunction after the NFL agreed to pay the legal bill for the appeal.
On Tuesday, 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 makes a decision.
"The Tampa Sports Authority owes its patrons security," Zabak said.
The judge also ordered Johnston to post a $21,000 bond to cover the cost of the Sports Authority's legal fees in the event the higher court rules against Johnston. American Civil Liberties Union attorney Rebecca Steele, co-counsel on the lawsuit, said it has not yet been determined how Johnston will cover the cost of the bond.
Under Tuesday's ruling, the Sports Authority has 15 days to file a written appeal. But there's no way of knowing exactly when the appeals court would decide on the case, which means its possible that the patdowns could stay in force until the football season ends.
The Sports Authority is still negotiating with the Bucs about who will pick up the roughly $7,500 it takes to conduct the patdowns at each game. So far the Bucs have refused, saying security is the authority's responsibility.
Candace Rondeaux can be reached at 813 226-3337 or rondeaux@sptimes.com