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Man wins lawsuit over Yankee Stadium bathroom break ejection while song was being played
Michigan
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in Sports Talk
From the New York Times:
New York City will pay $10,001 to settle a federal lawsuit on behalf of a Queens man who was ejected from the old Yankee Stadium last August after trying to use the bathroom during the playing of “God Bless America.” In addition, the team has publicly declared that it has no policy prohibiting fans from moving about during the playing of the patriotic song, which the team began playing during games after 9/11.
The New York Civil Liberties Union had filed a federal lawsuit in April on behalf of the man, Bradford Campeau-Laurion, of Astoria, Queens, saying he was the victim of religious and political discrimination. The suit said he was forcibly restrained and ejected from the stadium in the Bronx on Aug. 26, after trying to walk past a police officer as the song was played.
“God Bless America” is played during Yankees games after the visiting team’s at-bats in the seventh inning, which in baseball parlance is known as the seventh-inning stretch. Most of the time at Yankee Stadium, the rendition is a recording by the singer Kate Smith, though the tenor Ronan Tynan has also been there to sing the song in person.
The Police Department had defended its treatment of Mr. Campeau-Laurion, saying he was arrested after acting in a disorderly manner.
Without admitting liability and without admitting that Mr. Campeau-Laurion had sustained any damages, the city agreed to pay a $10,001 settlement and also $12,000 to cover the plaintiff’s attorneys’ fees. The settlement was entered before Judge Jed S. Rakoff in United States District Court in Manhattan.
At Yankee Stadium, ushers, stadium security guards and the police had enforced the policy of restricting fan movements during the playing of “God Bless America.”
But in a stipulation as part of the settlement of the lawsuit against the team and the city, the Yankees declared “that they have no policy or practice at the new Yankee Stadium that imposes any restrictions on fans wishing to move about the Stadium during the playing of ‘God Bless America’ that do not also apply during the rest of the game.” The team also said it had no intention of instituting such a policy.
New York City will pay $10,001 to settle a federal lawsuit on behalf of a Queens man who was ejected from the old Yankee Stadium last August after trying to use the bathroom during the playing of “God Bless America.” In addition, the team has publicly declared that it has no policy prohibiting fans from moving about during the playing of the patriotic song, which the team began playing during games after 9/11.
The New York Civil Liberties Union had filed a federal lawsuit in April on behalf of the man, Bradford Campeau-Laurion, of Astoria, Queens, saying he was the victim of religious and political discrimination. The suit said he was forcibly restrained and ejected from the stadium in the Bronx on Aug. 26, after trying to walk past a police officer as the song was played.
“God Bless America” is played during Yankees games after the visiting team’s at-bats in the seventh inning, which in baseball parlance is known as the seventh-inning stretch. Most of the time at Yankee Stadium, the rendition is a recording by the singer Kate Smith, though the tenor Ronan Tynan has also been there to sing the song in person.
The Police Department had defended its treatment of Mr. Campeau-Laurion, saying he was arrested after acting in a disorderly manner.
Without admitting liability and without admitting that Mr. Campeau-Laurion had sustained any damages, the city agreed to pay a $10,001 settlement and also $12,000 to cover the plaintiff’s attorneys’ fees. The settlement was entered before Judge Jed S. Rakoff in United States District Court in Manhattan.
At Yankee Stadium, ushers, stadium security guards and the police had enforced the policy of restricting fan movements during the playing of “God Bless America.”
But in a stipulation as part of the settlement of the lawsuit against the team and the city, the Yankees declared “that they have no policy or practice at the new Yankee Stadium that imposes any restrictions on fans wishing to move about the Stadium during the playing of ‘God Bless America’ that do not also apply during the rest of the game.” The team also said it had no intention of instituting such a policy.
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Hard to keep them guys still at anytime.
Steve
<< <i>great, with the ten grand the guy can afford a seat to watch one or two games in the new Yankee Stadium.
Yeah, but at that price they won't be very good seats.
The Yankees lashed out Tuesday at a Red Sox fan from Queens who claims he got booted from their old stadium when he tried to make a beeline for the bathroom during the playing of "God Bless America."
Yankees lawyers said Bradford Campeau-Laurion appeared intoxicated and went on a foul-mouthed rant when NYPD officers asked him to wait momentarily before exiting an aisle during the seventh-inning stretch of a Red Sox game on Aug. 26, 2008.
"Plaintiff ignored the NYPD officer's requests, shouted expletives and initiated physical contact with the NYPD officer by pushing the officer's hand out of the way and attempted to push past the NYPD officer," Yankees attorney Alan Vickery writes.
Vickery says Campeau-Laurion's "aggressive, unruly behavior" prompted the officers to escort him down to a ground level exit where they took his ticket stub for a seat in Tier Section 5. The Yankees deny they prohibit fans from leaving their seats while a taped Kate Smith belts out "God Bless America" - a regular event at major league stadiums since the Sept. 11 attacks.
The New York Civil Liberties sued the city and the Yankees in April on Campeau-Laurion's behalf. He claims his civil rights were violated by a misguided attempt at enforcing political correctness.
Read more: http://www.nydailynews.com/sports/baseball/yankees/2009/06/10/2009-06-10_yanks_hit_back_at_unruly_fan_who_sued.html#ixzz0KhwW4dOC&C
of course it was a douchey sox fan...
Interesting that they didn't bother to file assault on a police officer charges against this person.
Sounds like a bit of revisionist PR stuff from the Yankees who are embarassed about the incident and now
trying to save face.
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I am kinda sure that the chances that happened are pretty near ZERO %.
Bosox1976
<< <i>As an extension of an olive leaf, we at Fenway will allow all Yankees fans to spend the entire game in our rest rooms. No flushing during Sweet Caroline though. >>
What a wonderful idea!
<<< and also $12,000 to cover the plaintiff’s attorneys’ fees >>>
I always thought Civil Liberties Union lawsuits were filed Pro Bono - I guess not.
charged the plaintiff.
Steve
<< <i>Steve just because they sued to get paid does not mean if they were denied payment that they would have
charged the plaintiff.
Steve >>
Good point Steve. I had just never heard of say the ACLU asking the court to award them attorney fees in their lawsuits, but based on what you stated I guess perhaps they always do.
that is what is wrong with the world today!!!
TOOOO MANY GREEDY NO GOOD< AMBULANCE CHASING< BLOOD SUCKING< SOULD DRAINING LAWYERS!!!!!!!
as americans we should fight to reduce the amount of law schools and reduce the amount of lawyers...too many is bad for america!@