[CBFF] ST - ACLU may tackle Bears in challenge to pat-downs

[Jerry Madsen]

ACLU may tackle Bears in challenge to pat-downs

August 9, 2006

BY ANDREW HERRMANN Staff Reporter

After beating the Bucs, the American Civil Liberties Union's next
opponent may be the Bears.

At issue: whether pat-downs of Bears fans at Soldier Field are, as the
ACLU asserts, unwarranted "suspicionless searches" and "invasive"
violations of the Fourth Amendment prohibition against unreasonable
searches and seizure.

"We're looking at the situation closely,'' said ACLU staff lawyer Adam
Schwartz, adding that his office has gathered information from the
Chicago Park District, which owns Soldier Field, through Freedom of
Information Act requests.

The ACLU boasts a winning streak of sorts: A Tampa high school civics
teacher and Buccaneer season-ticket holder has won a string of legal
victories against the public body that operates the stadium there.
Last month, the teacher, aided by the ACLU, won a preliminary
injunction against the searches with a federal judge ruling the
NFL-mandated pat-downs "constitute unreasonable searches under the
Florida Constitution and the Fourth Amendment of the United States
Constitution."

Schwartz commented Tuesday after a federal judge in Chicago dismissed
a lawsuit by the park district in which the district, which fears
being drawn into a similar legal -- and potentially expensive --
fight, argued the searches were unconstitutional.

Terrorism response

The park district and the Bears have been butting heads since last
season over the Soldier Field searches, which the NFL ordered
leaguewide in response to global terrorism.

The district, which covers normal security under its rental agreement
with the Bears, resisted performing the additional pat-downs, citing
possible lawsuits and arguing the Bears should conduct and pay for any
searches.

Last season, after NFL pressure, the Bears covered the cost for the
last two games at Soldier Field and both sides said the matter would
be heard by an arbitrator during the offseason. But in July, the park
district filed a lawsuit in federal court, attempting to end the
searches before arbitration -- scheduled to begin today.

In a ruling Tuesday, U.S. District Judge Blanche M. Manning said the
district had no standing to argue the searches are constitutionally
prohibited. She acknowledged the Tampa case but said Fourth Amendment
rights can only be argued by an injured citizen, not "vicariously
asserted'' by another party. ''No season-ticket holder has attempted
to challenge a pat-down search" here, she noted.

Schwartz declined to say if the ACLU had a season-ticket holder in
mind to launch a legal challenge in Chicago.

Bears spokesman Scott Hagel said, "We're pleased with the judge's
decision.'' He said he did not know whether the searches will be done
at the first Bears home game Aug. 18, if the arbitrator has not made a
ruling.

aherrmann at suntimes.com

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