When Fans Become Fanatics, the NBA Must Act Decisively

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Prince once said that he did not want fans because "fan" is just short for "fanatic"; he called the people who truly love his music "friends."A small but vocal, ignorant, and active number of NBA "fans" are proving Prince's point. This is not about people who buy tickets to cheer the home team, or even boo the road team; this is about people who think that a ticket's limited license provides unlimited license to act like a fool, to say ignorant and hateful things, and even to attack another person.

Last night, while Russell Westbrook left the court after suffering an ankle injury, a "fan" dumped popcorn on Westbrook. This is not the first time that "fans" have acted like ignorant fools toward Westbrook (and other players, but he seems to be a favorite target for abuse), and the NBA must act decisively to stop this before it gets even more out of hand.

Although statutes vary from state to state, the general template for an assault statute is that assault is defined by creating the apprehension (which means awareness, not necessarily fear) that a person is imminently going to make unwanted and offensive contact with your body--and the general template for a battery statute is that a person has made unwanted and offensive contact with your body. Assault and battery are actionable both under civil law (i.e., the victim can sue for damages) and criminal law (i.e., the state can prosecute the perpetrator).

If Westbrook saw what the "fan" was doing before the "fan" dumped popcorn on Westbrook, then Westbrook is the victim of assault. Being hit by the popcorn makes Westbrook a victim of battery. 

Today, the Philadelphia 76ers (the home team) announced that the perpetrator has been banned "indefinitely," adding, "We apologize to Russell Westbrook and the Washington Wizards for being subjected to this type of unacceptable and disrespectful behavior. There is no place for it in our sport or arena."

The NBA also issued a statement: "The return of more NBA fans to our arenas has brought great excitement and energy to the start of the playoffs, but it is critical that we all show respect for players, officials and our fellow fans. An enhanced fan code of conduct will be vigorously enforced in order to ensure a safe and respectful environment for all involved."

In a related story, the New York Knicks have "indefinitely" banned the "fan" who spat on Atlanta Hawks guard Trae Young.

Banning criminals from attending sporting events is not a sufficient response, and a more effective response must happen before something tragic occurs. The 76ers, Knicks, and any other team whose "fans" commit criminal acts should provide any available evidence to the authorities for possible criminal prosecution. It is unlikely that it would be worth it for Westbrook or Young to pursue civil action--each would have to prove damages, and even if they proved damages they would only collect to the extent that the perpetrators are able to pay--but if the league and the teams acted decisively then "fans" would learn that buying a ticket is not a license to commit mayhem.

Right now, "fans" feel protected and entitled--this is the "internet tough guy" writ large--but the NBA can nip this in the bud with correct and decisive action. Adam Silver, the ball is in your court.



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