Fan ejected for getting up to pee during 'god bless america'

[BT]

<!--quoteo(post=30695:date=Apr 16 2009, 09:21 AM:name=FlyAtTheThigh)-->QUOTE (FlyAtTheThigh @ Apr 16 2009, 09:21 AM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=30694:date=Apr 16 2009, 10:19 AM:name=sleepyhead)--><div class='quotetop'>QUOTE (sleepyhead @ Apr 16 2009, 10:19 AM) <{POST_SNAPBACK}><!--quotec-->From the NYCLU article

“The role of police officers is to enforce the law,” NYCLU Executive Director Donna Lieberman said. “New York’s finest have no business arresting someone for trying to go to the bathroom at a politically incorrect moment. That is an abuse of authority and a violation of the constitutional principles that our country is founded on.”

The lawsuit asserts that Campeau-Laurion’s constitutional rights were violated under the First, Fourth and Fourteenth amendments. Defendants are NYPD Commissioner Raymond Kelly, the NYPD, the New York Yankees Partnership, the City of New York and the two police officers who participated in Campeau-Laurion’s ejection.<!--QuoteEnd--><!--QuoteEEnd-->

Oi, I thought it was an usher who stopped him for some reason.

Nonetheless, I don't see how they're gonna make it a first amendment deal. Fourth (and by continuation, 14th), I can see, I suppose.
<!--QuoteEnd--></div><!--QuoteEEnd-->

First amendment is easy. Even though it wasn't his intention, if the guy wanted to make a statement by leaving during "God Bless America" (or turning his back, or not standing up, etc), that is his right, guaranteed by the first amendment. The police at the stadium infringed on that right.

Along those lines, the entire policy sucks ass. I have no problem standing and not moving during "God Bless America", but one would have to assume there are a number of non-Americans attending Yankee games. Why should they be forced to stand still during an ode to a country in which they are not a citizen?

[Fly]

<!--quoteo(post=30696:date=Apr 16 2009, 10:27 AM:name=BT)-->QUOTE (BT @ Apr 16 2009, 10:27 AM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=30695:date=Apr 16 2009, 09:21 AM:name=FlyAtTheThigh)--><div class='quotetop'>QUOTE (FlyAtTheThigh @ Apr 16 2009, 09:21 AM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=30694:date=Apr 16 2009, 10:19 AM:name=sleepyhead)--><div class='quotetop'>QUOTE (sleepyhead @ Apr 16 2009, 10:19 AM) <{POST_SNAPBACK}><!--quotec-->From the NYCLU article

“The role of police officers is to enforce the law,” NYCLU Executive Director Donna Lieberman said. “New York’s finest have no business arresting someone for trying to go to the bathroom at a politically incorrect moment. That is an abuse of authority and a violation of the constitutional principles that our country is founded on.”

The lawsuit asserts that Campeau-Laurion’s constitutional rights were violated under the First, Fourth and Fourteenth amendments. Defendants are NYPD Commissioner Raymond Kelly, the NYPD, the New York Yankees Partnership, the City of New York and the two police officers who participated in Campeau-Laurion’s ejection.<!--QuoteEnd--><!--QuoteEEnd-->

Oi, I thought it was an usher who stopped him for some reason.

Nonetheless, I don't see how they're gonna make it a first amendment deal. Fourth (and by continuation, 14th), I can see, I suppose.
<!--QuoteEnd--></div><!--QuoteEEnd-->

First amendment is easy. Even though it wasn't his intention, if the guy wanted to make a statement by leaving during "God Bless America" (or turning his back, or not standing up, etc), that is his right, guaranteed by the first amendment. The police at the stadium infringed on that right.

Along those lines, the entire policy sucks ass. I have no problem standing and not moving during "God Bless America", but one would have to assume there are a number of non-Americans attending Yankee games. Why should they be forced to stand still during an ode to a country in which they are not a citizen?
<!--QuoteEnd--></div><!--QuoteEEnd-->

I understand that he may have made a statement unintentionally and that it may have been infringed by the police's actions, but considering the way the entire thing is set up, I'd not be shocked if they (the police/NY/Gov) tried to make it a time and manner type deal, which generally (though not always) have the unconstitutional claims be ruled as constitutional (if that makes sense).

I am not now, nor will I ever be, a constitutional lawyer and don't have anything in front of me. I'm just going from memory. But from memory, I'd say the Fourth Amendment claim would be easier.