BILL ANALYSIS �
AB 2464
Page 1
Date of Hearing: April 25, 2012
ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND
INTERNET MEDIA
Nora Campos, Chair
AB 2464 (Gatto) - As Introduced: February 24, 2012
AS PROPOSED TO BE AMENDED IN COMMITTEE
SUBJECT : Stadium and Arena Security: Posting of security
contact
SUMMARY : Requires owners of professional sports facilities to
post notices of emergency contact information, as specified.
Specifically, this bill :
1)Requires the owner of any professional sports facility to post
written notices displaying the text message number and
telephone number to contact security in order to report a
violent act.
2)Provides that the notices must be visible from a majority of
seating in the stands at all times, at controlled entry areas,
and at parking facilities which are part of the professional
sports arena.
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement :
According to the author, "This bill is an extremely modest
step to restore a modicum of Californians' faith in their
ability to safely attend professional games. In the last year
there have been several high profile attacks at games in Los
Angeles and San Francisco, and the random nature of the crimes
coupled with its apparent increase in occurrence, leads this
Author to believe the Legislature needs to act.
"This bill mandates the placement of signs and or/displays
visible from the majority of seats and in parking areas under
the control of the league or franchise that give a phone and
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text number for stadium security, and periodic announcements
alerting the crowd to these signs. The Author believes this
is necessary to help fans report potentially dangerous
situations before they escalate to senseless violence."
2)Argument in Support :
According to the California Police Chiefs Association , "It is
an unhappy reality that violence at professional sporting
events has been on the rise. The tragic story of Bryan Stow,
a Giants fan savagely beaten at a Dodgers game, is unique only
in its notoriety. Stow, a paramedic and father of two, was
attacked from behind in the Dodger Stadium parking lot on
March 31, 2011, and was in a medically induced coma because of
the extensive brain damage he suffered. His alleged
attackers were finally apprehended after a long search, due to
help from members of the public. After the senseless
shootings of two men at the San Francisco 49ers - Oakland
Raiders game at Candlestick Park, and the beating of a fan in
a stadium bathroom at the same game, it's become obvious
stadium violence needs to be seriously addressed. Put simply,
it shouldn't take an act of courage to take in a ball game."
3)Background: Fan Violence: Professional Sports Responds With
Codes of Fan Conduct :
According to the author, this bill is necessary to
restore Californians' faith in their ability to safely
attend professional games, in part because of the high
profile attack at Dodger Stadium in Los Angeles of Brian
Stow last year. According to the Los Angeles Police
Department, Stow was leaving Dodger Stadium along with
several of his friends, following the conclusion of the
Los Angeles Dodgers vs. the San Francisco Giants baseball
game. The two suspects, who were wearing Dodger attire,
began taunting the victims because of their affiliation
with the San Francisco Giants. As the victim and his
friends attempted to walk away from the suspects, the
victim was hit from behind and fell to the ground. The
victim's friends attempted to intervene and they too were
hit by the suspects.
In response, the LA Dodgers have instituted greater
safety measures, and tightened their enforcement of their
Fan Code of Conduct, including a ban on all tailgating
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before games. In fact all 30 teams in Major League
Baseball have long had their own code of conduct,
according to information found on MLB.com. It is also a
case-by-case team decision how that code will be
communicated to the fans. The vast majority of the teams
(24 of 30) have a fan phone or text number, to which fans
may report unruly behavior. And many stadiums have
visible signage with the numbers displayed.
In the NBA, their Fan Code of Conduct, adopted on Feb. 17,
2005, sets forth expected standards of decorum for all fans
attending NBA games, is posted prominently in all NBA arenas,
and public address announcements concerning some of its key
elements are made during each NBA game. Guests who fail to
adhere to these standards are subject to ejection and
revocation of season tickets.
The NBA Guidelines also set forth minimum standards regarding
the serving of alcohol, including the provision that alcohol
be served only until the start of the fourth quarter,
restrictions on the size (24 ounces) and number (two) of
alcoholic beverages sold per individual customer, the training
of arena personnel in effective alcohol management, and the
maintenance of designated driver programs in each NBA arena.
The NFL and all 32 NFL clubs have followed a fan code of
conduct to help promote a "positive fan environment at NFL
stadiums," since Nov. 18, 2008, according to NFL.com.
"The fan code of conduct is designed to set clear expectations
and encourage a stadium environment that is enjoyable for all
fans. Teams may add additional provisions to the standard
code based on local circumstances or preferences. Each team
will communicate its code of conduct during the preseason to
season-ticket holders and fans through mailings, online, and
in-stadium signage, and other messages."
These policies have not come without controversy. In San
Diego, a Kansas City fan who was removed from a Chargers game
and subsequently charged with battery on the stadium security
guards who escorted him out (charges later dismissed by the
court), has sued the NFL and Qualcomm Stadium for infringing
his first amendment rights to free speech. Asserting that fans
have the right to express their support for their teams
through language and gestures, Jason Ensign claims a
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constitutional right to engage in obscenities.
The San Diego City Attorney stated in support of the code of
conduct, "I'm concerned about the deterrence of crime at these
sporting events. The code of conduct is designed to be a
deterrent and stop that. The idea of families going to a
ballgame, they should not fear there being brawls and all
this. People say, 'We should be able to do what we want and
say what we want, but I buy tickets too. And if I'm sitting
there with my kids, I don't want someone in front of me
provoking a brawl behind me." The NFL is defending the policy
saying, the code of conduct has reduced fan incidents at
stadiums and they are not aware of any other legal challenges
it.
(San Diego court case tests legality of NFL's fan conduct
code, June 15, 2011, AP June 15, 2011, retrieved 4/23/12 at
http://www.nfl.com/news/story/09000d5d8205634f/printable/sa...)
However, the chances of Mr. Ensign winning his first amendment
case are slim if history is an indication. "Historically,
courts presented with issues relating to season tickets and
personal seat licenses have treated season tickets as licenses
and have supported the team's ownership of tickets. This
stems from the commonly accepted rule that a single admission
ticket to a place of amusement is 'a mere license to witness
the performance, which the owner or proprietor may revoke at
will'." Davis, The Myth and Mystery of Personal Seat Licenses
and Season Tickets, (2007) Saint Louis University School of
Law, 241. This notion was supported by People v. Waisvisz,
582 N.E.2d 1383, 1386 (Ill. App. Ct. 1991), appeal denied, 591
N.E.2d 30 (Ill. 1992) "A ticket to a sporting or entertainment
event is a license which may be revoked at the will of its
issuer." See also Finnesey v. Seattle Baseball Club, 210 P.
679, 681 (Wash. 1922) ("�A] ticket of admission �to baseball
park] is a mere license, revocable at the will of the
proprietor, even after the holder has entered the �park] and
has taken the seat.").
4)Amendments Negotiated in Assembly Public Safety Committee Will
be Taken Today :
This bill comes to AEST&IM Committee following two hearings in
the Assembly Public Safety Committee. As first heard by
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Public Safety on April 17, 2012, the bill would have created a
registry for persons banned from professional sports arenas
and created sentence enhancements for strikes committed within
sports arenas. That version of the measure failed passage.
Amendments were negotiated, and the author agreed to amend the
bill to contain the Safety Notification provisions which the
present analysis addresses. This version was adopted by
Public Safety on April 24, 2012, which was heard as proposed
to be amended. Due to time constraints imposed by the looming
policy committee deadlines, those amendments will be taken
here today should the Committee choose to approve this
measure.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Licensed Investigators
California Police Chiefs Association
Opposition
None known
Analysis Prepared by : Dana Mitchell / A.,E.,S.,T. & I.M. /
(916) 319-3450