by Dirk Gently »
10 Nov 2009 10:29
No-one's arguing about what the legalities technicalities are - owners of private property have the right to ban whoever they like (exept for reasons of colour, sex, age, religion, etc).
Although there's a subsidiary point about whether that should apply to facilities which have been partly built with public (i.e. football foundation) money on the idea that they're community resources, but let's not confuse the debate with that now.This particular point is all about the weight of evidence morally required before a club *should* (not *can*) ban anyone. Sunderland are banning supporters not for something that they have done at Sunderland, or for something that Sunderland have any evidence of. They're being banned because of something that Sunderland have heard that they might have done, but because that's not gone to court (if it ever does) the supporters can do nothing - there's no way to clear their name or have any right of appeal. To use your pub analogy, it'd be like me telling a pub doorman "don't let that Tony in here, he's a trouble-maker" and him banning you as a result, and not giving you any appeal against his decision. It might be legal but it's not fair, and the legalities can be overcome by ensuring that club's put their processes (including right of appeal) into their customer charters.
The key principle that should be established at all clubs is that they can't ban supporters without supporters being given a chance to see the evidence against them and being given a chance to answer those charges - that's a fundamental part of natural justice.
Incidentally, Sunderland, who pride themselves on being "fan friendly" have the below in their own Terms and Conditions :
SAFC T&C point 7 ...." only card holders found guilty .... of acting in a manner the Club considers detrimental to the Club's interests ..... will have their season card confiscated and be banned from attending future games involving Sunderland AFC.
So Sunderland even state their policy and then break it.