Yankees fans sue club, NYC for $6 million
Man ejected after photographing player's wife
Two lifelong Yankees fans are crying foul over being ejected from Yankee Stadium for taking a picture of catcher Jorge Posada's wife -- and they want $6 million for their distress.
In a lawsuit filed Tuesday in Albany Southern District Federal Court, Nicholas Malossi claims his civil and constitutional rights were violated when security officers took his camera and escorted him from the park without explanation in the fourth inning.
To make matters worse, he claims, when he told the guards his blind friend, Jerry Lonegran, was waiting for him inside, they said retrieving him wasn't their problem.
The two men are jointly seeking $6 million in damages from the New York Yankees, the City of New York, which owns the stadium, and the company that provides security for the games with the New York Police Department.
"Generally speaking, private entities are shielded from these sorts of lawsuits," said David Brickman, the plaintiffs' attorney. "But because the park is leased from the City of New York, and the security is jointly provided by the city and a private firm, that makes them liable for civil rights violations."
Malossi and Lonegran traveled from Albany for the September 22 game, which the suit says they do at least 20 times a year.
Malossi, an electrician, left his seat in the fourth inning to snap some pictures on his disposable camera in accordance with the park rules. The rules allow single-frame photography anywhere in the park, according to the Yankee Stadium Web site.
The site also says fans can purchase disposable cameras at the stadium.
The suit claims after security unjustifiably tossed Malossi from the park and took his camera, one of the officers told him that retrieving handicapped persons "was not our problem."
The men were separated for 90 minutes. During that time, Lonegran, whom Malossi never left alone for more than 20 minutes, was unaware of what had happened to his guide and companion.
The suit alleges Lonegran was "refused assistance" by two NYPD officers before one finally agreed to escort him outside the park to meet Malossi.
On his way out, Lonegran was told his companion had been ejected for snapping a photo of Laura Posada, who was sitting in the bleachers.
Once outside, police also told Lonegran he could not re-enter.
"Neither plaintiff violated any state law, city code or stadium rule which would have warranted the seizure of their persons or arrest or ejection from the stadium," the suit claims.
Yankees Partnership spokesman Rick Cerrone declined to comment on the suit because the organization had not yet been served with it. The media liaison for Burns International Security Systems was on vacation this week.
"Our hope is we get the Yankees' attention and cause them to treat their fans better," Brickman said. "They need to clarify their policies."
