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Facility Operator Law Review

Stachnik, Jackson R.

Created on April 12, 2024

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Transcript

Facility Operations Law Review

What is Facility Operations

Thats me! What do I do?
  • Safely operate the facility for athletes and spectators
  • Observe rules and regulations
  • Find ways to make the facility profitable

Deals with injury, damage, or civil wrong to a person or person's property often resulting in monetary damages

Tort Law

Deals with legal agreements made between two parties

Contract Law

Deals with laws put in place by the ADA which give protections to those with disabilties

Disability Law

Tort Law

Why does it matter for us?
  • Live sports venues are not the safest environments
  • Historical defenses may not be as effective in trial as they have been in the past
    • Extreme sports have lost the ability to use standard liability defenses
  • Allred v. Capital Area Soccer League, Inc. (2008)
    • Defenses for negligence are not one-size-fits-all
    • Special measures must be taken in the event a patron does not have adequate knowledge of the game

Extreme Sports and Assumption of Risk: A Blueprint

Specific Uses for Contract Law:

  • Advertising deals
  • Sponsorship
  • Waivers
  • Athlete/employee contracts

Contract Law

A facility must remain profitable and can do so by entering into deals with other parties. To ensure each side provides what they agreed to, an enforceable contract must be used. Contracts also protect from damages and create options to seek remedies if an agreement is not held. Contracts can be tricky and must be created with care and anticipation for future variables.

  • Sports Marketing and the Law: Protecting Proprietary Interests in Sports Entertainment Events

Disability Law

ADA Title III prohibits discrimination on the basis of disability in places of public accommodation, including our facility. Therefore we must find ways to treat our patrons and employees fairly. How?

  • Universal Design
  • Accessible Stadiums
    • Equal sight lines
    • Landis v. Wash. State MLB Stadium Public Facilities (2021)

References

Allred v. Capital Area Soccer League, Inc., 194 N.C. App. 280 (N.C. Ct. App. 2008) Horton, D. (2004). Extreme Sports and Assumption of Risk: A Blueprint. University of San Francisco Law Review, 38(Summer), 599-664. Hums, M. A., Schmidt, S. H., Novak, A., & Wolff, E. A. (2016). Universal Design: Moving the Americans with Disabilities Act from Access to Inclusion. Journal of Legal Aspects of Sport, 26, 36–51. Landis v. Wash. State Major League Baseball Stadium Pub. Facilities Dist., 11 F.4th 1101 (2021) Philip Morris, Inc. v. Pittsburgh Penguins, Inc., 589 F. Supp. 912 (1983) Wall, A.M., (1996) Sports Marketing and the Law: Protecting Proprietary Interests in Sports Entertainment Events. Marquette Sports Law Journal, 7(Fall), 77-185.

Summary