Packers Fan Says Bears-Only Apparel Policy on Sidelines Violates Law

A Green Bay Packers fan recently told a federal judge that he shouldn’t be barred from the Chicago Bears sideline warmup program because of his apparel.

An attorney for plaintiff and Packers fan Russell Beckman recently argued before U.S. District Judge Joan Gottschall that the Bears policy of prohibiting non-Bears apparel on the sidelines is a violation of First Amendment rights.

He also claimed that the policy will deprive Beckman of the experience of displaying his team spirit on the field and cause him harm.

“Is it dramatic financial harm? No, it’s not, but it still raises serious First Amendment issues when the Bears want to entwine itself with the Chicago Park District,” the attorney representing Beckman told the court.

Soldier Field, where the Chicago Bears play their games, is publicly financed and owned by the Chicago Park District. Because the Bears control the stadium, Beckman argues that they are acting as a state party and are therefore prohibited from infringing on his First Amendment rights.

Beckman filed his suit against the Chicago Bears and the National Football League (NFL) in June 2017 over the Bears-only apparel policy. Beckman, who holds season pass tickets to Bears games, was allegedly stopped from standing on the field in December 2016 after he showed up in Packers apparel.

“Due to the prohibition that forbids wearing visiting team apparel while participating in this specific experience, the Bears have, without any compelling or reasonable cause, or Constitutionally mandated reason, deprived me of my ability to fully enjoy this specific on-field experience and the general experience of the Bears Packer game at Soldier Field,” Beckman’s NFL class action lawsuit claims.

The Bears apparel policy class action lawsuit asked the court to order the team and the NFL to not enforce the allegedly unconstitutional rule during the 2017 season and in the future.

The Packers and Bears play each other on Dec. 16 in a game which could be determine division rankings. If the Bears win against their rivals, they will clinch their spot in the division and the Packers’ hopes of making the playoffs will dwindle further.

Beckman’s preliminary injunction motion says he wishes to attend the high stakes game but thinks the Bears will continue to enforce their policy and deny him the opportunity to represent his team on the sidelines.

In March 2018, Judge Gottschall dropped Beckman’s claims against the NFL but refused to completely dismiss the class action.

Recently, she declined to reconsider her decision on the Bears’ motion to dismiss. Judge Gottschall has yet to rule on Beckman’s recent injunction motion but says she will do so as soon as possible.

Beckman is represented by Michael Lieber of Lieber Law Group LLC and H. Jefferson Powell and Nicole Ligon of the First Amendment Clinic at Duke University School of Law.

The Packers Bears Apparel Class Action Lawsuit is Beckman v. Chicago Bear Football Club Inc., Case No. 1:17­-cv-04551, in the U.S. District Court for the Northern District of Illinois.