Fan Sues Yankees; Ejected For Moving During “God Bless America”

[WSJ Law Blog]

Imagine you’re a Yankee fan. (I know it’s hard, but try.) Imagine you’ve headed to Yankee Stadium after a long work day, eager to enjoy a night with your friends, Derek Jeter and A-Rod, as they take on their nemesis, the Boston Red Sox.

Now imagine downing a tall cup of beer and trying to leave your seat to use the stadium’s bathroom during the 7th-inning stretch, as the sounds of “God Bless America” echo throughout the ballpark.

Unfortunately for you, the Yankees have a policy of restricting spectator movement during the playing of that song, and you run into two NYPD cops on “paid detail” at the game who prevent you from reaching your desired destination. When you try to explain that you are “not concerned” about the song, the cops forcibly remove you from the stadium. (On the upside, you didn’t have to witness the Yankees fail to score any more runs and lose, 7 to 3.)

That’s exactly what Bradford Campeau-Laurion says happened to him on August 26, 2008. With help from the New York Civil Liberties Union, he filed suit in Manhattan federal court today against the Yankees, two cops, and Ray Kelly, the NYPD’s commissioner. (Click here for the lawsuit.)

Campeau-Laurion says he’s proud to be an American, and he’s still a Yankee fan (he bought 24 regular-season home-game tickets for this season). But he “doesn’t want to be forced…to participate in a patriotic or religious ritual in conjunction with the playing of ‘God Bless America’ at Yankee Stadium,” according to the complaint. He’s asked the court for damages and to enjoin the Yankees and NYPD from enforcing the “no-movement” policy during the playing of the song. A spokeswoman told the AP the city law office had no immediate comment, and a Yankees representative did not immediately return a call.

Following 9/11, Major League Baseball required all teams to play “God Bless America” during the 7th-inning stretch. The requirement ended the next season, but the Yankees continued playing the song at every home game.

Click here for a 2007 NYT story on the Yankees’ no-movement policy, in which the Yankees’ chief operating officer says the team started the policy after fans complained about how other fans were not paying respect. The NYCLU told the newspaper it would consider legal action only if a fan were arrested for disobeying the measure.