Document Type

Conference Proceeding

Publication Date

Fall 2019

Journal Title or Book Title

Northeast Business and Economics Association (NBEA) 2019


Publisher's PDF

Publisher's Statement

PUBLISHED BY THE NORTHEAST BUSINESS & ECONOMICS ASSOCIATION © 2019 The Northeast Business & Economics Association reserves the right to publish the Proceedings in both print and electronic formats. The individual authors retain the copyright over their own articles.


This paper explores the parameters of the limits of sport spectator under current law. The nature of the venue will be examined. The difference between the arena of a public university, an arena subsidized by public funds or tax incentives, and a privately owned stadium will be compared and analyzed. Paying customers in a place of public accommodation have the right to speak, be heard and not have to hear offensive speech. Is there an assumption of risk involved in the foreseeability of what is known or culturally expected to occur in the sports or entertainment facility? Should a patron who knowingly purchases a ticket to sit in the right field bleachers of Yankee Stadium, the Blue Seats at Madison Square Garden, the Dawg Pound in Cleveland or in the vicinity of the Cameron Crazies at Duke University consent to predictable community behavior including speech? Does the analysis change based on the actions of the player or fan? Wearing a Boston Red Sox hat at Yankee Stadium or inciting fans by making gestures to the crowd or a competitor dancing on the insignia of the opposing team?

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