2024-07-16 03:40:01
Game tickets are revocable licenses to enter a sports facility and occupy a seat for a specific event.
What happens when people without tickets force entry into a facility and occupy seats purchased by ticket holders, who then show up?
That problem played out at the Copa América final between Argentina and Colombia Sunday night at Hard Rock Stadium in Miami Gardens, Fla. According to eyewitnesses, thousands of fans without tickets tried to enter the stadium to watch what might be global star Lionel Messi’s last game for Argentina. According to ESPN, the crowd overcame security at one gate to rush inside while photographs published on social media showed fans using vents to enter the stadium.
As the game played on Sunday night, reports surfaced on social media that ticketed fans found their seats were occupied and were unable to gain help from security to remove the trespassing fans. Some fans spent thousands of dollars on tickets; the high price attracted media attention in recent days.
The match, which was scheduled to start at 8 p.m. ET, was delayed by more than 80 minutes due to the chaos. Security measures were implemented to shut down gates to stop additional rushing and regain order.
Tickets to professional games often explicitly limit potential legal exposure for the host and facility. Tickets often contain language stating the ticket holder agrees to arbitrate disputes, consents to not sue and assumes a bevy of risks, including injuries. Potential remedies for ticket disputes are also normally limited to refunds. Venues usually try to include language that foreclose the possibility of reliance and other damages, such as cost to travel to a game or stay at a nearby hotel.
Sometimes fans have successfully argued ticket disclaimers and waivers are procedurally unconscionable, including when one-sided terms are cloaked in legalese and obscured in minutia. Courts occasionally entertain ticket lawsuits. Ticket-holders who received inferior seats or no seats at Super Bowl XLV (2011), which was held in Cowboys (now AT&T) Stadium, sued and ultimately settled. More often than not, disclaimers and waivers are deemed enforceable on the idea that fans accepted them when they bought the ticket.
Fans who showed up to their seat at the Copa América final only to see someone else there would have a compelling argument they should get a refund. However, the listed ticket price and what they actually paid could be two very different amounts. A refund for the listed price might not entirely cover what they paid if they incurred broker fees.
In a statement issued early Monday morning, Hard Rock Stadium acknowledged there are “disappointed ticket holders” who couldn’t enter the facility due to security measures. Hard Rock Stadium says it will “work in partnership with CONMEBOL to address those individual concerns.”
Scott Soshnick contributed to this story.
