Stricter Punishments in Sports Stadiums: What Can Be Learned from the British

In various countries around the world and also in Israel, when a severe violent incident occurs within the boundaries of a sports stadium, it often happens that the team to which the rioters belong absorbs heavy fines and punishments, such as matches without a crowd or point deductions. From a legal perspective, it is doubtful whether it is fair or correct to impose a punishment on a team for which a third party is responsible, an enthusiastic fan as he may be who identifies wholeheartedly with the team. It would be more correct to establish clear procedures and instill a sporting culture that the club will promote, to clarify to the fans that violent behavior of any kind is not only unacceptable, but is inconsistent with the spirit of the club. In my role as the legal advisor to the Basketball Association, I acted in this spirit in two ways: First, I set a list of actions that each team must perform if it wishes to use the defense of "taking all reasonable measures to prevent verbal and physical violence by the team's fans". Behind the list of actions stands the rationale that for a team brought to disciplinary action, proving that it took all reasonable actions and measures, did everything in its power to instill proper sporting values, and strictly condemns violence, it is not fair to impose punishments on it. Actions and guidelines from clubs may include several parameters: publishing codes of conduct at the stadium, explicitly denouncing violent behavior (including verbal violence), inspecting and screening offensive and defiant signs, employing ushers in addition to the police to maintain order – and ensuring there are no dangerous objects or condemning signs, as well as approaching fans showing signs of violence, including verbal violence, to nip it in the bud and warn them lest they be banned. Second, I acted to amend the disciplinary regulations of the Basketball Association so that it would also apply to any fan, allowing for personal punishment (ban, fine, revocation of subscription). This change was anchored on the game ticket or subscription, as well as on signs in the halls. Unfortunately, after a few years, the Supreme Court of the Association ruled in a decision regarding a case of severe physical violence by a fan, that applying the regulations to fans is not legally valid. It is no secret that incidents of violence in sports constitute a severe and reprehensible phenomenon, financially harming the club, as well as the fan in the stands and thousands of fans who avoid attending and supporting their beloved team, out of fear of the phenomenon or due to punishments given to the team. Violence in sports stadiums creates enormous image damage to sports, alienating many who feel that this is not the place for a pleasant family experience, and additionally causes danger and harm to human life. The phenomenon of violence in stadiums is not limited to one sport or one country. In fact, it is a global and widespread phenomenon encompassing various sports, especially when it involves large crowds in competitions between rival teams. One of the countries that experienced the phenomenon of violence in stadiums most severely is Britain in the 70s and 80s of the last century, due to the "Heysel disaster" in which 39 fans of the Italian football club Juventus were killed, following a violent struggle that occurred in the stands before the match against Liverpool; and the "Hillsborough disaster", in which 97 Liverpool fans were crushed to death in a match against Nottingham Forest. These disasters led the country to enact laws and set regulations to eradicate the phenomenon. Among other things, the legislation included taking severe sanctions against teams whose fans behave violently, setting lengthy detention periods for violent fans or imposing a ban on their arrival at stadiums, applying rules regarding the sale of alcohol in the stadium area, setting guidelines for renovating stadiums to meet hosting requirements, as well as canceling standing areas in games. Additionally, the British police began to take an active role in locating problematic fans and distinguishing between a regular fan and a "hooligan". In light of a situational assessment conducted in Britain indicating that the hooligans accompanying football matches changed their status from an unorganized mob to a highly organized force with a high potential for causing disorder, the police accelerated several avenues of activity, including: undercover activity in civilian clothing to locate hooligans, raiding the homes of those suspected of violent behavior, seating the visiting team's fans in separate stands and bringing them into the stadium through different entrance gates, placing police officers at the entrance gates to stadiums, and using cameras and closed-circuit television to locate risk factors. The clubs, for their part, cooperated with the police, and some even created a "hotline" for fans where they could report acts of violence in stadiums. The "British model" used by the authorities to reduce the dimensions of violence in football stadiums is mostly reactive and not proactive, but it has proven itself and allowed the football industry to develop into an unprecedented cultural and economic phenomenon. In today's technological era, it is possible to locate "hooligans" and remove them more easily from stadiums, while taking personal disciplinary actions against them, without harming the team or the fans. In the State of Israel, the situation is slightly different. The Prohibition of Violence in Sports Law, 2008, was passed in the Knesset on July 30, 2008, and amended on December 17, 2014. The law was enacted to deal with the phenomenon of violence in sports, in light of the multitude of expressions of violence and racism that occurred in sports stadiums and in the context of sporting events. However, with the continued occurrence of various violent incidents within the framework of sporting events and the intensification of the phenomenon in recent years, it was decided after consultation with the Police and the Ministry of Internal Security that there is room to approve the use of more effective tools for better dealing with violent incidents. As part of this, it was decided to amend the law in a way that would provide an effective response to the difficulties that have arisen in recent years regarding the enforcement of the law and the handling of violent incidents in sporting events. Indeed, at the initiative of the Minister of Culture and Sports, Chili Tropper, a memorandum of the Law for the Prohibition of Violence in Sports was distributed at the end of February this year for public comments, and it is expected to reach the approval of the government and the Knesset later. The amendment to the law includes several significant steps, including granting additional powers to the police, including authorization to issue administrative fines of ILS 5,000, in the hope that this will deter rioters. Likewise, the memorandum of the law proposes to expand the authority of removal from stadiums, so that it allows removals of violent and rioting fans and for longer periods. The proposed course of action, which aims to locate the "weeds" and remove them from the stadium, is the correct and effective course of action for eradicating the phenomenon of violence in stadiums. Additionally, it allows a wider audience to participate in a sporting event in a direct, safe, and pleasant manner for additional audiences. It is hoped that the new memorandum of law will advance us towards enjoyable, exciting, and violence-free sporting events.