Why punish the band?
Bruce Harreld Speaks
- Thread starter RobHowe
- Start date
Why punish the band?
hawkdrummer1
Well-Known Member
If students were traveling on a University sponsored activity and encountered events including physical injury, the school could be liable. If the University then tried to sweep it under the rug rather than acknowledge and address it... it adds another layer.
Students have been injured on University trips elsewhere and families sued successfully.
GesterHawk
Well-Known Member
They would have to prove some sort of claim against the U, what would that claim be?
GesterHawk
Well-Known Member
Also, I don't know if not doing an imaginary investigation is a sound basis for a civil tort.
pythagoras
Well-Known Member
There is a whole lot of stupid being thrown around in this thread.
Its not punishing the band. This isn't about a band. Its about the potential cancelling of a football series because of a band. The game does not require a band to be played. And from what transpired last weekend, the move would be to protect the band, not punish it.
Bottom line, you roll into a football stadium with the visiting teams colors on, you're asking for trouble. That includes IC. You may get away with it over and over again for years but eventually it will catch up with you. I won't even go to Camp Randall or Lambeau Field anymore (I even root for GB) because their fans are too drunk and aggressive.
Add to that the fact that bands wear the most ridiculous looking outfits I've ever seen and its like waving a baby in front of a pit bull. There is no way a police force or any security can protect an entire band. So the only logical thing to do is leave them at home.
Safety. No different than an employer being found at fault for unsafe conditions.
and like i said stupid response to the ISU bs....and dumb idea
We already do and we spend it to protect the fans as well.
1hawkeye1
Well-Known Member
Wouldn't it be more punishment to force them to go to a place where they will be verbally attacked and physically assaulted? Skip that game and send them to a different one. Who the hell wants to go to Ames anyway?
Not sending the band is an efficient, practical and effective remedy to the problem. To send them is opening the university up to another lawsuit. I can hear it in court now. "You mean to tell me, that there is a history of violence on the part of isu fans towards the Iowa band, and you decided it wise to send them there again?"
failure to maintain player, coach and student safety. Didn't someone post the buyout is like $1 million?? You could Venmo and pay that easily!
I think the two Presidents will hash it out. Everybody wants safety. Just changing some process and timing would enhance safety.
Dumb idea to people who care about the band. The question is, how many actually care about the band?
GesterHawk
Well-Known Member
So, was the UI intentionally placing them in harms way, or was the U being negligent in providing adequate protection?
okeefe4prez
Well-Known Member
Only viable cause of action against Iowa is negligence. If Iowa is responsible for the band's safety (which would be an issue in and of itself in the trial), if they only provided 4 cops and allowed the band to get separated, they might have been negligent. As I said in another thread, Iowa immediately went into full on cover your ass mode.
GesterHawk
Well-Known Member
I would agree that negligence would be the only basis.
But to prove negligence, the lawyers would have to prove that the U either failed to listen to previous concerns or were completely off base with the amount of protection provided.
The U's lawyer would easily be able to counter any claim that the U was at fault for the band getting separated because 1. the band members are adults, 2. I am sure that the band officials told the band to stay together. (Not victim blaming on my part, just looking at things from a legal perspective).
Chances are that both schools would be listed as co-defendants. Iowa's best bet would be to turn it and try to prove that ISU was negligent in providing a safe environment of the members of the band.
ISU would be primarily responsible for security in my opinion. KF is the only one with the constant companion from the state patrol.
hawkeyes87
Well-Known Member
Band members have said the physical violence was new / unexpected. So it`d be tough to prove inadequate measures in place. Now, if security was negligent in their duty...? I don`t know.
Ree4
Well-Known Member
Yeah I never knew how bad it was until I visited their board in the week leading up to the game and a few times since. I'm a diehard Hawkeye fan who has lived my whole life in Iowa City, and I've never hated a team/fanbase so much the way ISU fans hate Iowa. It's incredible and sad at the same time.
okeefe4prez
Well-Known Member
Yeah, I wouldn't touch a case like that with a 10 foot pole. There would be a ton of defenses available.
