On July 18, the San Francisco Chronicle reported on a well-deserved loss in court by the ACLU. Two fans of the San Francisco 49ers filed suit against the team and the National Football League, with the legal assistance of the ACLU. They claimed that their constitutional rights were trampled by the policy of the League, carried out by the 49ers, to conduct “pat down” searches of fans entering their stadium.
The First District Court of Appeals (state court) in San Francisco, ruled that these fans had “consented to the searches” when they showed up for the game, knowing of the policy in advance. The majority rested its decision on the fact that the Team and the League are private organizations, and are not bound to be open to all citizens without restriction, like government agencies.
While the ACLU is talking about appealing this case, to continue its attack on “pat down” searches, the article noted that a federal appeals court in Atlanta had reversed a trial court decision against such searches. Also, a federal trial court had dismissed a similar claim against such searches in Seattle.
Also, note that the searches conducted on people about to board the NY subway system were also upheld in court, on the grounds that people who did not want to be searched were welcome to turn away, and not enter the system
All these are common sense decisions, seeking to keep Americans from being killed wholesale, in public places. The ACLU does not care, or worse, is actively hoping for, the killing of large numbers of Americans in such places.