Sports Event Security: Legal Issues and Strategies

By Lee Green

Background

It was a scene no different from that played out in stadiums, arenas and ballparks around the country on a regular basis. In this case, it unfolded inside a high school gymnasium at the end of a basketball game. The clock was ticking down with the home team leading the defending regional champions by six points. The sellout crowd was on its feet and in a frenzy over its team's impending victory over its biggest rival. The home team's star player steals the ball, streaks towards the basket, and as time expires makes an exclamation dunk punctuating the victory. In celebration, the crowd rushes onto the floor and mobs the star player.

What happened next is illustrative of the need for effective leadership in planning and executing one of the most important duties of school and athletic administrators: providing effective event management and security measures at sports contests.

The player, Joe Kay of Tucson High School, was knocked to the floor by the charging fans and in the melee was trampled. His jaw was broken and his neck was twisted in a manner that tore his left carotid artery and induced a stroke, impairing his ability to speak and leaving him partially paralyzed on his right side. At the time of the injury, February 2004, Kay was a National Merit semifinalist with a 4.5 grade-point average who had been awarded a full-ride volleyball scholarship to Stanford. He would spend the next eight months relearning how to walk, talk and think, although the severity of the injury has permanently deprived him of the use of his right hand and limited his superior pre-injury mental acuity in mathematics and music. He is presently a junior at Stanford and has become an advocate for the rights of those challenged by disabilities. 

Event Security Court Cases

Crowds storming courts and fields after sports contests represent only one aspect of the event management challenge for administrators. As the following 10 court cases illustrate, a diverse range of issues exist related to event security.

In Witherspoon v. Haft, an unruly crowd got more and more out of control throughout a game leading to a spectator falling off the back row of the bleachers and suffering fatal injuries.

In Berman v. University of Notre Dame, a fight among tailgaters in the parking lot outside the stadium led to an innocent third party who was passing by being knocked down and suffering a broken leg.

In Guttenplan v. Boston Professional Hockey Association, an on-ice brawl between players at a hockey game spilled over into the stands and ignited multiple fights in the stands during which a female spectator was severely injured.

In Wiersma v. Long Beach, tension in the stands between fans of visiting teams escalated first into a fight and then into a riot during which dozens of spectators were injured, the most serious of which was a spinal cord injury sustained by an innocent fan trying to flee the violence who was hit over the head with a folding chair.

In Turner v. Caddo Parish School Board, spectators in an overflow crowd at a high school basketball game were allowed to stand along the ends of the court and a grandmother-spectator was run over by a player coming off the end of the court during the game.

In Woodring v. Manhasset Board of Education, a railing on a bleacher collapsed during a crowd surge at the end of a game and a student fell off the side of the bleachers and died.

In Weldy v. Oakland High School District, a glass bottle thrown from the stands during a high school basketball game hit and severely injured an innocent spectator.

In Whitfield v. Macon County Board of Education, a fan was shot by another fan in a school hallway after an in-stands confrontation escalated during a high school basketball game.

In Perry v. Seattle School District, spectators were allowed to stand along the sidelines during a high school football game and a fan sustained serious injuries when trampled by a player running out of bounds during a play in the game.

In Harris v. Independence School District, a fight broke out on the court between players in a high school basketball game, igniting multiple confrontations in the crowd and leading to dozens of fans being injured, three severely.

Event Security Planning

Development of an effective event security plan involves seven steps:
1. Design and configuration of the event and facility.
2. Development of a spectator behavior policy.
3. Event-day implementation of the plan.
4. Development of a communication plan for the event.
5. Preparation of an emergency contingency plan.
6. Consideration of the special needs of the disabled.
7. Assessment of the liability insurance needs for the event.

The following is an overview of the key components of each of these seven steps.

1. Design and configuration of the event and facility: The event and facility should be zoned into activity areas structured to control and limit access. The public area should be those locations such as entrances, ticket booths, concession stands, restrooms and first-aid stations. The performance area should be limited to event administrators, coaches and athletes and includes locker rooms and team rooms. The service area should be accessible only to ticket sellers, concession workers and custodial workers and includes ticket booths, concession stands, supply rooms and storage areas. The support area should be accessible only to event personnel such as security, police and medical personnel. The parking area should be designated for the event and carefully supervised. Closed areas should be secured to ensure that they are off-limits to everyone.

2. Development of a spectator behavior policy: The policy should define reasonable, enforceable and clearly communicable limitations on spectator behavior at the event. Included should be clear guidelines regarding prohibited items such as weapons, alcohol, objects that can be thrown, noisemakers, objectionable signs and the like. Also included should be clear guidelines regarding behavioral standards regarding issues such as courtesy to other spectators, cheers and chants, sportsmanship standards, and profane language restrictions. Consideration must also be given to the media that will be used to communicate the policy, including the role of the public-address announcer, signs at gates, signage, game programs and event supervisors. Training must be provided for all event managers regarding consistent enforcement of the behavior policy and response strategies for all contingencies.
 
3. Event-day implementation of the plan: Execution of the security plan on game day should focus on controlling entry to the facility and controlling movement between the activity areas zoned for the event. Successful implementation will be a function of the preparation level of event managers, including their training and communication with one another throughout the event. Special attention should also be given to those factors that contribute to event management problems and crowd violence, including competition for space by spectators, close contact between fans, involuntary contact between spectators, the level of physical discomfort in the stands at sports events, the high degree of anonymity for fans, a lack of sportsmanship in the contest, an eruption of violence in the contest, the elevated level of passion at rivalry games, and the lack of an adequate number of event supervisors.
 
4. Development of a communication plan for the event: The International Association of Assembly Managers (IAAM), the professional organization for event managers, offers extensive resources related to event security, including books, videos, journals and seminars. The IAAM has created a "phase-coding system" for use in governing communication over radios, walkie-talkies or cellphones during events. Information is available at <www.iaam.org>.

5. Preparation of an emergency contingency plan for the event: The planning process for event management must include anticipation of the types of crises that might arise and appropriate response measures, including fire, bomb threat, contact emergency, crowd disturbances, a medical emergency such as an illness, a medical emergency such as an injury, a problem in the parking area, a lighting failure, a weather problem, and the like. Contact information for outside emergency response personnel and agencies should be compiled in advance and access for those personnel and agencies to the venue should be communicated to them in advance. Evacuation procedures should be designed so that training and rehearsal may be provided for event managers.
 
6. Consideration of the special needs of the disabled: The key to addressing special needs issues is to understand and anticipate the challenges that confront the disabled, including seating locations and access to those locations, accessibility of entrances to and exits from the venue, companions and companion animals, restroom accessibility, concession and merchandising access, emergency issues, and evacuation procedures.

7. Assessment of the liability insurance needs for the event: The IAAM has resources available regarding suggested insurance strategies for sports events. In addition, you should consider consulting with your state high school association to inquire about group insurance options related to your school's sports events.

Lee Green is an attorney and a professor at Baker (Kansas) University, where he teaches courses in sports law, business law and constitutional law. He may be contacted at Lee.Green@BakerU.Edu.