What actions should stadium officials take to prevent

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Reference no: EM133408534

Case: Uecker is the radio broadcaster for the Brewers. In June 2006, Uecker petitioned the Milwaukee County Circuit Court for an injunction against Ladd, alleging a six- or seven-year pattern of harassment. Around the same time, Ladd, a self-described "devoted fan," was charged with felony stalking. The injunction petition hearing was held on July 3 and September 7, 2006. The court commissioner found probable cause and issued an injunction charge.

On September 8, 2008, Ladd filed a sprawling pro se complaint alleging that between June 1 and September 7, 2006, Uecker defamed her in the affidavit supporting the injunction petition; he and/or the Brewers published the allegedly defamatory affidavit to a website called thesmokinggun.com; the Brewers posted on their website a defamatory article regarding her removal from a spring training game in Maryvale, Arizona; and a claim for "false light invasion of privacy" for, among other things, making and republishing false, defamatory statements and photographing her in the stands at various baseball stadiums.

Ladd's September 8, 2008, complaint alleges that Uecker defamed her: (1) in the affidavit in support of his petition for the harassment injunction; (2) by publishing the affidavit to thesmokinggun (3) during the two-day injunction hearing; and (4) in a media interview after the first day of the hearing. Distilled to its essence, Ladd's claim is that the false depiction of her as a stalker has damaged her personal and professional reputations. Except for the continued injunction hearing on September 7, 2006, however, all of these incidents occurred more than two years before Ladd filed her complaint.

Ladd also argues that, although Uecker and/or the Brewers allegedly posted his affidavit to thesmokinggun.com on June 2, 2006, the purportedly defamatory statements still can be accessed on the Internet today. She contends that the information therefore is republished each time someone visits that website or others to which the material has found its way, thus renewing her cause of action.

Ladd asserts, however, that Uecker's statements lost their absolute privilege through "excessive publication" on the Internet, because the "stalker label" "defame[ed][her] as a criminal" and because Uecker defamed her to law enforcement officials.

Ladd's complaints that the Brewers defamed her likewise fail. The Brewers advised Ladd in December 2006 that, in light of the harassment injunction, they would deny her entrance to the spring training facility in March 2007 should she purchase a ticket. Upon finding her in the stands, they were entitled to have her removed. As Ladd's ticket indicates, a ticket of admission to a place of amusement is simply a license to view a performance that the owner or proprietor may revoke at will.

Ladd included a photocopy of her ticket as an exhibit, evidently to show she had a right to be at the game. The ticket reads: "The license granted by this ticket to enter the Club baseball game is revocable."

Ladd then directs us to an allegedly defamatory March 20, 2007, article in the Brewers' online news archive about the Maryvale incident. Assuming, as Ladd contends, that the Brewers posted the story there, and accepting simply for argument's sake that the article is defamatory, this claim also fails. Before filing suit, Ladd did not give written notice to the Brewers providing them "a reasonable opportunity to correct the libelous matter."

Ladd alleges that the Brewers took photographs of her in the stands at baseball parks and disseminated her "mug shot" and information about the injunction and the spring training incident. None of these involved private places, using her likeness for advertising or trade, or depictions of nudity. Further, they are matters of public record.

Ladd had been hounding Uecker for six or seven years, sending him unusual gifts, seeking his autograph, and appearing at ball parks and hotels where he was staying.

Consider the following questions in light of the Uecker case.

Questions

What can be done to prevent crazy fans from stalking players?
What actions should stadium officials take to prevent such conduct? How could the stadium owners keep stalkers from entering the ball park?
Where is the ethical line drawn between an enthusiastic fan and a stalker?
The fan was banned from Brewers' home and road games. How can this be enforced?

Reference no: EM133408534

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