Thread: Video redux
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Old 01-04-2013, 10:59 AM   #26
Join Date: Mar 2012
Posts: 469

Originally Posted by TCF View Post
Football stadiums have refused entry many, many times to people in opponent's jerseys citing safety concerns. As long as the policy is enforced evenly.

Burger King can refused service for any reason not associated with the federal civil rights law against refusal of service based on race, disability, and the like.

Burger King, or any private enterprise, would be well within its rights to refuse service to a customer who came in wearing a shirt for its competition. Its highly doubtful such a hypothetical would ever happen, no use having bad PR if the person went to the media.....but no violation of law would have occurred.

The USTA also is perfectly within its rights to ban video taping, as would any tennis club where a tournament was held. As long as the rule was enforced evenly, with no discrimination based on things covered in the civil rights act, there are no 1st amendment issues.

Corporate entities are considered 'people' in many ways. They have rights too under the law to make rules as they see fit, as long as those rules are not discriminating against a protected group under civil rights statutes.

I have to agree with TCF on this. USTA is a private entity , not a governmental organization. Furthermore, your football fan analogy is flawed becuase you are not just a fan of the event, you are a participant and a guardian and/or affiliate of a participant in the event. It's more like you are a player for the 49'rs and not being allowed to wear a Cowboys jersey.

You and your player sign an agreement to abide by USTA rules in
order to play in the event. You do not have to sign this agreement or play USTA events. But if the rules say you to have to do hand stands and sing a Bette Midler song after you get aced, and you signed the agreement, than you gotta sing.

It's still a ridiculous policy, but I don't think it a first amendment case. As I said, if the event were held on public courts, than any stranger walking by could videotape the players and there would be no legal way to stop them. Not so if the event were at a private facility though.
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