Sheehan v. San Francisco 49ers

October 10, 2007

Should San Francisco 49ers’ fans have to give up their privacy as the price of admission to the game? Dan and Kathleen Sheehan think the answer is no and have a filed a lawsuit challenging the 49er’s requirement, instituted in 2005, that requires every man, woman, and child attending a 49ers home gain to submit to a pat-down search of their bodies. In a split decision in July, the Court of Appeal held that because our clients knew of the 49ers’ pat-down policy at the time they renewed their season tickets, they “consented” to the searches and therefore could not challenge the practice. The ACLU argues that this so-called “consent” is not determinative. In deciding whether the searches are legal, the court must balance the severity of the privacy intrusion against the 49ers’ asserted justification for it, something that can only occur after a full evidentiary record has been developed. At the urging of the ACLU, the California Supreme Court has agreed to review the lower court’s decision.

LEGAL DOCUMENTS
Complaint
Order Sustaining 49ers' Demurrer

Court of Appeal Documents
Plaintiffs Opening Brief on Appeal
49ers' Opening Brief on Appeal
Appellants' Reply Brief
Court of Appeal's Decision

Petition for Review in Cal. Supreme Court
Sheehan's Petition for Review
49ers' Answer to Pet. for Review
Sheehan's Reply in Support of Review