It's a victory -- in court

Ticket holder is denied injunction

By Nick Cafardo, Globe Staff, 10/1/2003

FOXBOROUGH -- When challenged on their right to revoke tickets of unruly season ticket-holders or those attending games as guests of season ticket-holders, the Patriots consistently have prevailed in court.

Yarde Metals of Bristol, Conn., was the latest to be denied an injunction in Suffolk Superior Court in its attempt for the reinstatement of six season tickets. The Patriots pulled the tickets because one of Yarde Metals' customers was arrested for disorderly conduct after he used a women's restroom after waiting in line at a men's restroom for 25 minutes last Oct. 13 at Gillette Stadium.

Judge Mitchell J. Sikora Jr.'s decision was based on four criteria that were not met by the plaintiff.

However, in a 23-page decision dated Sept. 26, Sikora brought up points that could be challenged in court in the future, mainly the concept of a ticket being a "revocable license," as opposed to a contract between the team and the season ticket-holder.

Sikora suggested the idea of a sports ticket being a revocable license might be outdated since season ticket-holders such as Yarde Metals spend almost $6,000 per season and Yarde had held its tickets for 20 years with 1,200 admissions without incident before the one that, in part, took place because the Patriots had not provided enough men's restrooms, a problem they later corrected.

Sikora wrote, "The currrent perennial season ticket account bears little resemblance to the occasional seat at the theatre, arena, or park to which the courts originally applied [the] minimal property concept of the revocable license. This issue may be ripe for examination by trial." He added that he still would make the Patriots a "favorite" if such a trial was pursued because "the Patriots begin the contest with a traditional doctrine and the plaintiff has the burden of changing it."

If the law was changed, contracts between a team and a season ticket-holder would make it more difficult to revoke tickets.

The back of a Patriots ticket reads, "The ticket and all season tickets are revocable licenses. The Patriots reserve the right to revoke such licenses, in their sole discretion, at any time and for any reason. Patriots may refuse admission to, or eject any ticket holder without refund if the holder fails to comply with any applicable rules or terms, or is deemed to be disorderly . . . Purchase of season tickets does not entitle purchaser to renewal in a subsequent year."

Season ticket-holders are also issued a fan guide that states "Without in any way limiting its right, the Patriots organization expressly reserves the right to: refuse to sell future season tickets to any individual or entity, including, but not limited to, individual or entities that: engage in improper conduct or permit use of their tickets by an individual who engages in improper conduct." It also says some of the improper conduct is "engaging in rowdy, profane, abusive, inconsiderate, drunken, or inappropriate behavior."

The Patriots have taken a get-tough policy to improve the atmosphere for patrons, especially families, around the stadium, yet problems still exist. With a paid season ticket waiting list of 40,000, according to an affidavit filed in the case by security chief Mark Briggs, the Patriots know they have many fans waiting for tickets.

Movin' on up

There were some promotions within the organization, with Jack Mula being bumped up to chief administrative council. Five others were promoted from directors to executive directors: Stacey James (media relations); Briggs (security and front of house operations); David Wheeler (food and beverages); Jennifer Ferron (marketing operations); and Murray Kohl (sales) . . . The Patriots were working out more players at Gillette yesterday.