Judge upholds stadium pat-down ban

By CARRIE WEIMAR
Published July 28, 2006

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TAMPA -- A federal judge upheld a ban on security pat-downs outside Raymond James Stadium before Tampa Bay Buccaneers games, ruling the practice violates the constitutional rights of fans.

“A generalized fear of terrorism should not diminish the fundamental Fourth Amendment protection envisioned by our Founding Fathers,” U.S. District Judge James D. Whittemore wrote in his 26-page order Friday. “Our Constitution requires more.”

The ruling marks another major victory for Valrico civics teacher Gordon Johnston, 60, a Bucs season ticket holder who filed suit against the Tampa Sports Authority in October 2005.

A state court and an appeals court sided with Johnston last year and agreed to block the pat-downs. The case was then transferred to federal court.

Richard Zabak, the authority’s lawyer, said he was disappointed by the ruling. “But it’s not surprising given some of the questions the judge was asking,” he said.

Zabak said the authority will meet Monday to determine their next step, which could include an appeal to the U.S. Court of Appeals for the 11th Circuit.

But Johnston’s co-counsel, Rebecca Steele with the American Civil Liberties Union, said she thinks it’s unlikely the TSA would prevail in an appeal.

“The law is strongly on our side,” Steele said. “Every court that has looked at this has agreed with us.”

Whittemore’s ruling means Bucs fans will not be patted-down before entering Raymond James Stadium when football season starts.