Patriots play tough

The New England Patriots have been pursuing ticket resellers the same way they go after opposing quarterbacks, but the latest target is one of their own.

After suing StubHub Inc., one of the nation's biggest online ticket marketplaces, for allegedly violating the state's antiscalping law, the team is revoking nearly 40 season tickets belonging to former Patriot player Fred Smerlas, who was selling them as part of tailgate packages costing $625 to $750.

Patriots spokesman Stacey James said the tickets owned by retired NFL star Smerlas were being taken away for "violations of team policies." James declined to be more specific, but the Patriots prohibit season ticket holders from reselling their tickets to third parties except through the team's own ticket exchange, where sellers are required to charge face value.

Smerlas, in a telephone interview, said he didn't want to talk about why the Patriots are taking his tickets away, other than that the team is trying to apply its rules equally to everyone. He said he was told his tickets would be revoked next season. He said his tailgate business will go on.

"I know the Krafts. They've always been fair," Smerlas said of the family that owns the team. "They're trying to make sure they control their tickets."

Smerlas sells a food and beverage tailgate package at Patriots home games for $250, while a nearly identical plan with parking and a game ticket included costs $625, according to Smerlas's website, Patriotstailgate.com. In effect, Smerlas charges an extra $375 for a parking space and a game ticket with a face value of $125. Smerlas said the website information is somewhat misleading because prices fluctuate, and tailgate packages are often sold as part of broader sponsorship packages.

The Smerlas ticket revocation follows close on the heels of a lawsuit the Patriots filed Nov. 21 in Suffolk Superior Court against San Francisco ticket reseller StubHub. The team accused StubHub of violating the state's antiscalping law by letting Patriots season ticket holders resell their tickets at inflated prices on its website. The team also sued a number of season ticket holders who were selling their tickets on StubHub. Many professional sports teams are turning a blind eye to the secondary ticket market or figuring out ways to profit from it. Key Beacon Hill lawmakers say the state's antiscalping law is unenforceable, and are considering scrapping it.

But the Patriots are laying down the law to their season ticket holders, asserting control over their tickets even after they've been sold. "Tickets to Patriots home football games -- including season tickets -- are revocable licenses," the Patriots said in their complaint against StubHub. "As part of the effort to maintain a safe and fan-friendly environment at Gillette Stadium, to discourage scalping, and to ensure that fans do not pay far in excess of the face value of tickets, the Patriots strictly limit the transferability of these licenses." The Patriots website says season tickets can be revoked if the holder resells them to a third party, engages in improper conduct at a game, or gives the tickets to a third party who engages in improper conduct at a game. Improper conduct includes loitering in the aisles, profanity, drunkenness, and causing property damage.

The Patriots have revoked tickets occasionally in the past, but Smerlas is no anonymous fan. He grew up in Waltham and attended Boston College, where he was a cocaptain of the football team and later inducted into the school's athletic hall of fame.

He was a five-time Pro Bowl selection during his 14-year career as a nose tackle. He played 11 years with the Buffalo Bills, one with the San Francisco 49ers, and two with the Patriots before retiring in 1993.

Smerlas said he began buying Patriots season tickets in 1991 and 1992 when he was playing for the team and tickets were much easier to get. He said he has a total of 44 season tickets, 38 of which are held by All Pro Productions and the rest with another company he runs.

Most of the tickets are located in the $125-a-seat lower level, some right on the 50-yard line, but he said he also owns four club seats as well as some seats in the second level. "I got them before the rush began," he said.

Today, in the wake of three Super Bowl victories under quarterback Tom Brady and coach Bill Belichick, Patriots tickets are hard to come by. James, the Patriots spokesman, said more than 50,000 people are on the waiting list for season tickets. He said Smerlas's revoked tickets will go to people on that list. Smerlas's business career is heavily involved with the Patriots. He is a commentator with sports radio station WEEI (850 AM) and other media outlets, and his All Pro Productions company in Waltham has been hosting tailgate parties at Patriots home games for 12 years.

Smerlas said WEEI radio personality Glenn Ordway is a "working partner" in the tailgate business. A photo of the sports radio talk show star is featured on All Pro's homepage alongside one of Smerlas, under the heading "Party With The Big Boys." The website describes the pair as the "hosts" of the tailgate party.

But Ordway said he has no ownership role and acts more as a marketing representative, bringing in sponsors and raising money for charity. He said he receives appearance money for his role at the tailgate parties.

All Pro Productions is a for-profit business, but Smerlas said a portion of the proceeds goes to the Rodman Ride for Kids, which raises funds for child -related social service agencies in Massachusetts. A charity spokeswoman said the tailgate operation raises about $50,000 per year.

The Lincoln Park-All Pro Celebrity Tailgate Party is held in a heated tent on the back lot of the Rodman Collision Center across Route 1 from Gillette Stadium. It opens three hours before kickoff and shuts down two hours after the game .

Guests are greeted with hors d'oeuvres and served drinks and raw oysters. The gourmet meal varies from week to week, but features stations offering everything from roast beef to scallops and shrimp. Customers have the opportunity to get autographs and pictures taken with Smerlas, Ordway, and former Patriots players.

The basic tailgate ticket costs $250, although Smerlas said he offers two-for-one specials to some games. For $375 more, a customer gets a parking spot and a ticket for a seat in the lower level of the stadium with a face value of $125. For $750, a customer gets the basic package plus a ticket and limousine service to and from the tailgate tent.

Ordway said many tickets for the tailgate party have to be purchased on the secondary market because they don't have enough. He said some tailgate packages including tickets are also auctioned for charity. He said tickets aren't being scalped.

"There's no money made on the tickets," he said. Smerlas said he doesn't sell tickets individually, only as part of a tailgate package. He said 90 percent of his customers already have tickets and buy only the basic food and beverage tailgate.

The Patriots in the past have sold tickets at inflated prices as part of packages. In 2005, when the team took on the Philadelphia Eagles in the Super Bowl, the Patriots sold tickets to an official travel partner, which in turn sold them to fans as part of travel packages. A package without a ticket cost $1,099, while the identical package with a $500 ticket included was priced at $3,299.

James, the Patriots spokesman, declined to comment on the similarities to Smerlas's business, but when the Globe reported on the arrangement in 2005 he was quoted as saying the travel packages did not violate Patriots policies because tickets were sold as part of a package and not individually.

Smerlas said he has no hard feelings about losing his tickets, but he indicated the team's rules are subject to interpretation. "If it's slightly gray, then you must pay," he said.

Bruce Mohl can be reached at mohl@globe.com.