SHEEHAN v. SAN FRANCISCO 49ERS, LTD.

No. S155742.

45 Cal.4th 992 (2009)

DANIEL SHEEHAN et al., Plaintiffs and Appellants, v. SAN FRANCISCO 49ERS, LTD., Defendant and Respondent.

Supreme Court of California.

March 3, 2009.


Attorney(s) appearing for the Case

Chapman, Popik & White, Mark A. White, Benjamin J. Riley; American Civil Liberties Union Foundation of Northern California, Ann Brick and Margaret C. Crosby for Plaintiffs and Appellants.

Brad Seligman and Alvaro D. Soria for Impact Fund, Legal Aid Society—Employment Law Center and Public Advocates, Inc., as Amici Curiae on behalf of Plaintiffs and Appellants.

Altshuler Berzon, Michael Rubin and Peder J. Thoreen for Unite Here as Amicus Curiae on behalf of Plaintiffs and Appellants.

Eric Grant; John W. Whitehead and Douglas R. McKusick for The Rutherford Institute as Amicus Curiae on behalf of Plaintiffs and Appellants.

Covington & Burling, Sonya D. Winner, Jonathan A. Patchen, Deepa Varadarajan and William V. Goldfarb for Defendant and Respondent.

Reed Smith, Paul D. Fogel, Dennis Peter Maio; Richard A. Munisteri; Ted Fikre; and Turner D. Madden for Live Nation, Anschutz Entertainment Group, Inc., and International Association of Assembly Managers, Inc., as Amici Curiae on behalf of Defendant and Respondent.

Bingham McCutchen, James L. Hunt and Dale E. Barnes, Jr., for Major League Baseball, the National Basketball Association, the National Football League and the National Hockey League as Amici Curiae on behalf of Defendant and Respondent.

Gus P. Coldebella, Acting General Counsel, United States Department of Homeland Security, Andrew J. Puglia Levy, Deputy General Counsel, Gregory G. Katsas, Acting Assistant Attorney General, Jonathan F. Cohn, Deputy Assistant Attorney General, Douglas N. Letter, Christopher J. Walker and Thomas M. Bondy for The United States of America as Amicus Curiae on behalf of Defendant and Respondent.


OPINION

CHIN, J.

In 2005, the San Francisco 49ers, Ltd. (49ers), began implementing a policy of the National Football League (NFL) requiring all patrons at their football games to submit to a patdown search before entering the stadium. Plaintiffs claim the policy violates their state constitutional right to privacy. (Cal. Const., art. I, § 1.) The case has come to us after the superior court sustained a demurrer and dismissed the action. On appeal after...

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