Sports Law Blog
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Saturday, July 12, 2014
 
It wasn't the alcohol, stupid

Reading Jimmy's posts on the Bryan Stow verdict, I was struck by how wrongheaded and offensive the Dodgers attempts to blame Stow were. Jimmy points to the principle that drunk people need safe conditions.

But the real issue here was not that Stow was drunk; it was that he was wearing a Giants jersey and "yelling and raising his hands," which the Dodgers argued (and perhaps will continue to argue) provoked the fight. The two assailants targeted him because of his cheering, not his drunkenness. While Stow perhaps yelled louder (and perhaps more obnoxiously) because he was drunk, this is an attack that might have happened even if he was sober and cheering for his team. Alcohol was a distraction here--really an effort by the Dodgers to paint him as an irresponsible person--one that did not fool the jury.

Taken seriously, the Dodgers argument would mean that if you cheer for the other team too loudly, you are, at least partly, responsible for any beating that comes your way. And that they are not responsible for protecting you on their property.










1 Comments:

Sadly too many people, sports fans in particular, take the view that when you are in opposing team "territory", your well being is at the discretion of the home team.

Blogger Steve Winkler -- 7/12/2014 12:17 PM  


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