[Archived] Is it legal to eject someone due to their clothing?

[EwoodDawn]

I think we need a new thread on a point raised in the 'Stoke away' thread. Apparently people were asked to remove their protest T-shirts today. Posters have suggested that this is against their human rights. When we play at Ewood, can anyone legally ask us to do anything regarding our appearance? When I signed my season ticket forms, there were no clauses regarding our clothing. I'd really like people from a legal background to clarify this issue before next weekend.

[Stuart]

Don't the club have the right of admission refusal (ROAR) and can at their discretion turn anyone away?

[EwoodDawn]

Don't the club have the right of admission refusal (ROAR) and can at their discretion turn anyone away?

Yes. But, as I put on the other thread, what if you went into the ground with your coat done up, then removed your coat to show your T-shirt in all it's glory? Would a steward be forced by his bosses to try to eject you? Sorry, but some of the poor stewards near where I sit in the Blackburn End might not be physically capable of that. And if he/she asked me to remove my T-shirt, well they'd be on very dodgy ground there, wouldn't they?

[AggyBlue]

Don't the club have the right of admission refusal (ROAR) and can at their discretion turn anyone away?

If they've already sold you a season ticket, I'd say no.

There isn't anything in the terms regarding dress code.

[beerwins]

I would ban anyone still wearing Grolsch bottle tops in their shoes and shell suit wearers, in fact I would make it a shoot on sight policy.

That also goes for the kids wearing their pants halfway down their arse....So be warned and buy a damn belt!!

[booth]

Whether they can or can't, it's damn oppressive.

It's a football match ffs.

I've never seen anything like this chaos. Forcing people to take t-shirts off, extraordinary.

[glen9mullan]

Well the answer to that is , if everyone buys one, what are they going to do? Refuse everyone entry?

[gumboots]

Well the answer to that is , if everyone buys one, what are they going to do? Refuse everyone entry?

Perhaps we should all wear them and then comply if they ask us to take them off/ Might cause some fun, knowing how many fans are female

[he6rt6gr6m]

Why would Stoke do that? I'd have thought away-games would be a safe-haven from the silencing I believe the fans are suffering at home.

[booth]

I think the problem I would have is that nowhere does it say you cannot wear a certain type of clothing and as the clothing is not indecent some kind of consumer right must be being broken.

You are a customer who has purchased a ticket to watch what is classed as entertainment. If you aren't allowed in do you have a right to claim your money back?

I can't see this being right, I feel like I'm in a timewarp.

What's next, a huge crucifix outside in case they want to hang somebody up for being "a very naughty boy"???

[ebenrocks]

You'd have to look at the terms and conditions you signed up to when you bought the ticket/season ticket. I'm sure there'll be something in there about the club retaining a right to refuse admission for any reason (probably without giving a reason as well). Also, there will CERTAINLY be something in there that says 'This ticket remains the property of Blackburn rovers fc' (a bit like on your bank card, or on train tickets)... its designed to stop touting, but in actual fact the club can use it to say that you no longer have the right to use the ticket.

As for it being against human rights, unfortunately the Human Rights Act only applies to public bodies (defined as any body which is publicly funded and which exercises a public function-schools, hospitals, care homes etc). Clubs are privately owned, so cannot be done under human rights laws...

(I'm only a law student, so am very possibly wrong about whether the club could be regarded as a public/private body... i don't know if there is any precedent on the matter, but i'll have a look into it)

EDIT: It seems as if clubs themselves would not be subject to the HRA/ECHR, bodies such as the FA would be, but not clubs themselves.

[FourLaneBlue]

It almost feels the club would rather not have the fans there at the ground. If the fans started boycotting, they could get on with what they want for the club in peace. No fans, or would that be no witnesses?

What is going on at BRFC is now becoming a disaster for not just the club, but the pride of the town and local area as well.

How many people's livelihoods outside the club rely at least in some part on BRFC?

[Al]

I'm convinced that it is not legal to refuse admission on a legally purchased ticket because of clothing that is neither pornorgraphic, racial or too revealing. The way to be sure is to take out a legal ruling preventing Rovers from refusing admission on legally acceptable clothing.

[BangkokRover]

The money the club receives from tickets is feeble compared to the rest of the EPL income.

[booth]

You'd have to look at the terms and conditions you signed up to when you bought the ticket/season ticket. I'm sure there'll be something in there about the club retaining a right to refuse admission for any reason (probably without giving a reason as well). Also, there will CERTAINLY be something in there that says 'This ticket remains the property of Blackburn rovers fc' (a bit like on your bank card, or on train tickets)... its designed to stop touting, but in actual fact the club can use it to say that you no longer have the right to use the ticket.

As for it being against human rights, unfortunately the Human Rights Act only applies to public bodies (defined as any body which is publicly funded and which exercises a public function-schools, hospitals, care homes etc). Clubs are privately owned, so cannot be done under human rights laws...

(I'm only a law student, so am very possibly wrong about whether the club could be regarded as a public/private body... i don't know if there is any precedent on the matter, but i'll have a look into it)

EDIT: It seems as if clubs themselves would not be subject to the HRA/ECHR, bodies such as the FA would be, but not clubs themselves.

So if you wore "Kean Out" trousers, and you were going commando that day, they'd force you to go tackle out?

[he6rt6gr6m]

I'm convinced that it is not legal to refuse admission on a legally purchased ticket because of clothing that is neither pornorgraphic, racial or too revealing. The way to be sure is to take out a legal ruling preventing Rovers from refusing admission on legally acceptable clothing.

But what if something could constitute causing trouble? Turning up in a Burnley shirt is a prime example.

Protest shirts are probably considered something that divides the fans.

[beerwins]

But what if something could constitute causing trouble? Turning up in a Burnley shirt is a prime example.

Protest shirts are probably considered something that divides the fans.

The manager and owners in the present climate divide more fans than any shirt could do, my advice is win some ###### matches then maybe the club can cast judgement.

We wont win another match this season and people are worrying about shirts!! If the club wont let you protest in the ground then do it outside.

[joey_big_nose]

So if you wore "Kean Out" trousers, and you were going commando that day, they'd force you to go tackle out?

Kean out trousers - that's the way forward .... ha!

I'm totally bemused as to why Stoke would care if people were wearing Kean Out clothing.

[he6rt6gr6m]

The manager and owners in the present climate divide more fans than any shirt could do, my advice is win some ###### matches then maybe the club can cast judgement.

We wont win another match this season and people are worrying about shirts!! If the club wont let you protest in the ground then do it outside.

Of course. I'm just pointing out what they are probably thinking when silencing the fans.

Outside, yep. What are they gonna do? Move you to Nuttall St? Or do they think they own that too?

[AggyBlue]

I'm totally bemused as to why Stoke would care if people were wearing Kean Out clothing.

It needs a fan who has had his shirt confiscated to write to SCFC and ask for an explanation.

It also needs the Fans Forum to ask for an explanation from BRFC too.

[Plastic Head]

Look. A football ground is private premises whether you pay to get in or not.

If the club don't want you there they can ask you to leave. The only time this would contravene law is if it is discriminatory, or if the manner of the request could constitute assault.

What the club cannot legally do is manhandle you from the premises. This could very well lead to a successful assault or even wrongful imprisonment offence. Neither can they seize or sequestor your property. Unless of course they ask you nicely for it and you willingly give it to them.

What they can do after they ask you to leave is tell you you are trespassing and ask you to leave and if you don't ask the police to arrest you. The stewards could then assist the police with arrest without reasonable fear of prosecution, as could any member of the public.

OK

So if you display a banner you are not breaking any law unless it could be considered offensive. If it is libelous that would be a civil matter for later.

If the club asks you to take it down or if banners are forbidden as a condition of enrty and you don't, they may ask you to leave. If you don't you are tresspassing.

Stewards have no more powers than any other member of the public and I would always advise them (although their employers may say otherwise) never to touch anybody or their property.

[beerwins]

It needs a fan who has had his shirt confiscated to write to SCFC and ask for an explanation.

It also needs the Fans Forum to ask for an explanation from BRFC too.

The club will not answer! I'ts a different animal than what we were used too, the club do not respond to anything, it took over 8 weeks to get a response from a question from our main sponsers.

The club does not care a ###### about the fans not one iota.

[roverandout]

i wouldnt take my trousers off for people to see my nob, theres already a big nob in the ground!!

[snatchymcsnatch]

Look. A football ground is private premises whether you pay to get in or not.

If the club don't want you there they can ask you to leave. The only time this would contravene law is if it is discriminatory, or if the manner of the request could constitute assault.

What the club cannot legally do is manhandle you from the premises. This could very well lead to a successful assault or even wrongful imprisonment offence. Neither can they seize or sequestor your property. Unless of course they ask you nicely for it and you willingly give it to them.

What they can do after they ask you to leave is tell you you are trespassing and ask you to leave and if you don't ask the police to arrest you. The stewards could then assist the police with arrest without reasonable fear of prosecution, as could any member of the public.

OK

So if you display a banner you are not breaking any law unless it could be considered offensive. If it is libelous that would be a civil matter for later.

If the club asks you to take it down or if banners are forbidden as a condition of enrty and you don't, they may ask you to leave. If you don't you are tresspassing.

Stewards have no more powers than any other member of the public and I would always advise them (although their employers may say otherwise) never to touch anybody or their property.

Pretty much sums the thread up to be fair. If I was to wear a tshirt saying Kean is a "C U Next Tuesday" I'd fully expect to be ejected. Well worth it though if it got on the jumbo tron.

[ebenrocks]

What they can do after they ask you to leave is tell you you are trespassing and ask you to leave and if you don't ask the police to arrest you. The stewards could then assist the police with arrest without reasonable fear of prosecution, as could any member of the public.

Trespass is a civil matter though, and therefore the police can have NOTHING to do with it, especially not arrest you. If they did you'd be able to smack them with a wrongful arrest claim. It's the old 'trespassers will be prosecuted' fallacy...

I've found the season ticket terms and conditions. The relevant paragraphs read:

ADMISSION TO THE GROUND

The use of the Season Ticket to gain entry to the stadium for one or more home league

matches constitutes acceptance of such rules and regulations, the Ground Regulations and

these Terms and Conditions. Blackburn Rovers reserves the right to eject from the stadium

any person who fails to comply with such rules and regulations. Please return the Season

Ticket unused if the terms and conditions of use are unacceptable.

Blackburn Rovers is committed to preventing discrimination in all its fields of operation and

within its stadium, providing an environment free from racial abuse, harassment, bullying

and victimisation. Any Season Ticket holder engaging in such abuse or harassment will

have their Season Ticket confiscated and be banned from attending future games involving

Blackburn Rovers. No refunds will be issued.

It is a breach of Ground Regulations to stand in seated areas during play except for the

purposes of access and egress. No person may stand in a seated area whilst play is in

progress. Persistent standing in seated areas is strictly forbidden and a breach of the Ground

Regulations. This may result in ejection from the ground, and lead to the confiscation of

the Season Ticket.

If a supporter is prosecuted for any criminal offence the Club reserves the right to confiscate

their Season Ticket.

Your entry to the stadium is conditional upon your consent to be searched by the Police

or Club Stewards.

AND

CANCELLATION & WITHDRAWAL OF SEASON TICKET

Stewards or other agents of the Club are empowered to confiscate any Season Ticket that

has been subject to misuse or its user is in breach of any term and conditions or the ground

regulations.

Supporters are reminded that it is a criminal offence to (a) enter upon the field of play, (

chant foul and abusive or racist remarks, © throw any objects towards the playing area or

other areas of the stadium, (d) be in possession of intoxicating liquor or illegal substances

during play whilst in view of the pitch or whilst entering the ground, (e) be drunk whilst

entering or attempting to enter the ground. THESE ARE ARRESTABLE OFFENCES.

Blackburn Rovers is committed to preventing discrimination in all its fields of operation and

within its stadium, providing an environment free from racial abuse, harassment, bullying

and victimisation. Any Season Ticket holder engaging in such abuse or harassment will

have their Season Ticket confiscated and be banned from attending future games involving

Blackburn Rovers. No refunds will be issued.

If a supporter is prosecuted for any criminal offence the Club reserves the right to confiscate

their Season Ticket.

(http://www.rovers.co.uk/staticFiles/fc/72/0,,10303~160508,00.pdf)

Make of them what you will, but to me the reasons they have given for being able to remove someone from the stadium, and withdraw a season ticket are so broad that they could be construed to cover almost everything - they would probably rely on 'harassment' of Kean to kick those with the shirts on out.... which is a shame really coz I've just bought one!