The California court battle began way back in November 2009, when Chiefs' fan Jason Ensign was detained by security guards after flipping off Chargers' fans in Qualcomm Stadium.
Ensign fought the charges, saying his bird-flipping was protected speech, and a city ordinance couldn't stifle him. This week, a judge agreed with him.
The San Diego Union-Tribune reports that the San Diego City Attorney's Office charged the rowdy Kansas City supporter with battery under an ordinance that outlaws "noisy, rowdy or boisterous manner as to disturb spectators or participants" at stadium events.?
Superior Court Judge Gale Kaneshiro tossed the case against Ensign, saying the ordinance was too vague and didn't outline specific banned behaviors. The judge also said he was, you know, like, totally protected by the First Amendment.
Ensign's lawyer, Mary Provost, issued a pretty stern warning to prosecutors, telling the paper, "They can't limit speech in a public forum." She added, "They can limit behavior, like throwing projectiles at players. This decision puts them on notice they should be very careful about who they charge."
A spokeswoman for the City Attorney's Office basically blew off the ruling, saying, "We expect that the law will be enforced and that unruly fans at sporting events who disturb the peace of others will be removed and prosecuted."
If that's the case, soon daytime-TV advertising slots in San Diego will be flooded with spots for lawyers specializing in "car crashes, medical malpractice and wrongful stadium ejection for exercising your constitutional rights!"
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Source: http://blogs.pitch.com/plog/2011/05/chiefs_fan_flipped_off_charges_fan.php
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