The roster of men in green and gold who have given the Chicago Bears fits is long and illustrious. Ray Nitschke wouldn't just tackle halfbacks, he'd crunch them. Bart Starr cut open Bear secondaries with a surgeon's precision. Aaron Rodgers? Every Bears fan knows what's on his résumé--fourth quarter comebacks on one leg, punch-in-the-gut game-winning drives, last-second touchdowns that dash playoff dreams.
And then there's Russell Beckman.
Beckman, a Wisconsin social studies and special education teacher in his 50s, is a Packers fan. He also has been a Bears season ticket holder for years. One of the perks for season ticket holders is that they can use accrued loyalty points for fan experiences, including standing on the sidelines during pregame warmups.
In 2016 he showed up to a Bears-Packers pregame event at Soldier Field in his Packers jersey, but was denied entry. So last year he sued the Bears in federal court, seeking to force the team to allow him to wear his Packer garb on the sidelines during pregame warmups.
Beckman's argument is twofold. He says he should be allowed to wear what he wants because, while the Bears are a private organization, Soldier Field is owned by the Chicago Park District and is hence a public facility. And, he says, barring him from wearing what he wants on the sidelines infringes on his First Amendment rights. His suit claims "viewpoint discrimination."
The Bears lost their bid to have the case tossed out of bounds last year, but have asked the judge to reconsider that ruling. The team has a policy against fans wearing gear from the opposing team during the pregame sidelines promo. Yes, they rent Soldier Field from the city. But say you get a permit to have a party at a public park. Aren't you within your legal rights to bar anyone you want from your party?
While the Bears ponder their legal arguments, they should also ponder this. The best way to beat Cheeseheads is with Xs and Os, with Trubisky, Cohen and Mack--not with legal briefs.
Editorial on 12/08/2018