Jason Ensign, a Kansas City Chiefs fan who was arrested in 2009 after giving the finger at a game in San Diego, had his record cleared on Tuesday. According to Superior Court Judge Gale Kaneshiro, Ensign violated the NFL’s fan code of conduct but was “factually innocent” because security guards never asked him to leave before becoming physical with him.
Kaneshiro explained in her ruling exactly how the situation between Ensign and the security guards failed to go as they legally should.
“His conditional license to be on the premises had not been revoked and he was not a trespasser at the Stadium when the unlawful use of force was first applied to him. He was entitled to use reasonable force to counter the unlawful force used by the private security guards on his person.”
That “reasonable force” Ensign used was alleged punching and biting. In all, he had been charged with seven battery counts.
In a very odd twist, the city attorney for San Diego actually sent out a press release saying the decision was a victory because the ruling upholds a team’s ability to remove fans from a venue. I’m no lawyer, but that one feels like a stretch.
The two sides reportedly will meet again in court next month due to a civil suit that Ensign has filed. He says the ordeal cost him his nursing job and led to an investigation by the state nursing board.