"Judge calls city's scalping law idiotic," by Christopher Quinn, Cleveland Plain Dealer (November 24, 1999)

(Article is accessible via Lexis-Nexis.)

A Cleveland Municipal judge yesterday termed "idiotic" the city's anti-scalping law, which prohibits people from selling tickets at a discount outside a sports stadium.

"We want people to come to the city and have a good experience, and while cars are being stolen, we have police wasting time giving out tickets for scalping," said Judge C. Ellen Connally, a judge for 20 years. "During that entire period I have complained about this idiotic law that prevents people from selling extra tickets."

The judge said she hoped Cleveland Councilman Michael O'Malley would be successful in changing the law. O'Malley said he would introduce legislation Monday to let people sell sports and concert tickets anywhere, anytime for face value or less.

O'Malley learned of Cleveland's unusual definition of scalping Sunday after three police officers confiscated four tickets from State Rep. Dean DePiero, a Parma Democrat. DePiero said he was outside the Cleveland Browns Stadium entrance offering $30 tickets to the Browns-Carolina Panthers game for $5 each when police seized the tickets.

Cleveland prosecutes scalpers through its ticket broker ordinance, which bars people from selling tickets outside a stadium or arena for anything other than face value. Police and prosecutors interpret the law to mean selling tickets at a discount is illegal. Only licensed ticket brokers are exempt.

Connally said the law was so ridiculous that some people have sworn in court they were ticketed by police for giving their tickets away. Gary Barker of Akron said yesterday that police confiscated four of his Browns tickets earlier this year even though he was selling them for face value.

"If you go to the Cleveland Orchestra, people walk around trying to sell extra tickets, and no one has ever been arrested. So why do the police pick on sports fans?" Connally asked.

One of her colleagues, Cleveland Municipal Judge Sean C. Gallagher, wondered yesterday whether the scalping law serves any public interest.

"Logic should dictate that we take a very compassionate view," Gallagher said. "Is the spirit of the law designed to protect the public or infringe on the public?"

DePiero was not arrested Sunday, although police spokesman Lt. Edward Thiery said a citation could be mailed to him. DePiero said he had not received any citation as of yesterday, and would fight any charge if he did because he believes the law is illegal. He said he might introduce a statewide bill to stop cities from passing such laws.

The penalty for scalpers in Cleveland is a fine of $5 to $200 and up to 60 days in jail. Connally said many people charged with the crime enter a first offender program, donate sports tickets to charity and have the charge dismissed.

The Cleveland Law Department is reviewing the ticket broker law, according to Nancy Lesic, the spokeswoman for Mayor Michael R. White.