ADF Warns WNBA Over Fan Speech After Sophie Cunningham Incidents

The Alliance Defending Freedom (ADF), a legal organization known for its work on Supreme Court cases concerning women’s sports, has formally alerted the WNBA to potential free speech issues following recent controversies involving supporters of player Sophie Cunningham. The group dispatched a letter to WNBA Commissioner Cathy Engelbert on Friday, detailing concerns that arose from separate incidents at games in Seattle and Atlanta.

Concerns Over Fan Expression

Suzanne Beecher, legal counsel for ADF, indicated that federal, state, and local free speech protections could be relevant in these situations. She pointed to the potential use of public funds in WNBA facilities, suggesting that “there could even be First Amendment arguments.” Beecher asserted that civil liberties were indeed infringed upon during the events in Seattle and Atlanta, stating, “Absolutely. The fans should be able to go and be respected in voicing their viewpoints.”

While no lawsuit has been filed, ADF is urging the WNBA to implement clearer policies regarding fan conduct and to ensure league employees and security personnel are trained to enforce these rules equitably. “The WNBA claims to stand for female athletes, but we’ve seen recent current events undermine that claim,” Beecher commented. “We have seen just in the past few weeks that there have been two separate incidents where fans have been silenced or berated when they tried to peacefully express their viewpoint.”

Incidents in Seattle and Atlanta

The first notable incident occurred on July 28 during a game between the Indiana Fever and the Seattle Storm at Climate Pledge Arena. Two teenage girls attending the game were seated courtside, wearing shirts from XX-XY Athletics and holding signs that supported Sophie Cunningham. Cunningham has recently voiced her opposition to transgender athletes participating in women’s sports. One of their signs read, “Thank you Sophie for speaking up for girls!”

Reports indicate that Celeste Keaton, a minority owner of the Seattle Storm, approached the girls, allegedly used profanity, and criticized their signs. According to the girls’ family, one of them was left in tears by the encounter. Subsequently, the WNBA fined Keaton and prohibited her from attending the Storm’s next five home games. The Seattle Storm also issued an apology, emphasizing their commitment to making all attendees feel welcome.

A similar situation arose on August 16 during another Fever game, this time against the Atlanta Dream. Kasey Thomason and her teenage daughter, Annie, were reportedly told by WNBA security personnel to cover their XX-XY Athletics shirts or leave the arena during overtime. The family stated that a third fan, who was wearing a shirt supporting transgender rights, was also asked to cover their clothing.

The WNBA later acknowledged that its security personnel had acted improperly in restricting the fans’ attire. “The WNBA is aware of interactions at Sunday night’s game in Atlanta in which fans were asked by league security to cover their shirts,” the league stated. “This should not have happened.” The Atlanta Dream clarified that their own employees were not involved in the security’s actions, emphasizing their dedication to a safe and inclusive environment and noting that “At no point was Dream personnel involved in the decisions made by WNBA security.”

ADF’s Call for Clarity and Consistency

Beecher described the WNBA’s statements as a necessary initial response but argued that the Atlanta incident highlighted the league’s need to do more following the confrontation in Seattle. “I think it’s absolutely a first step for the WNBA to say at least that they don’t stand behind what happened in those incidents, but the fact that after the first time they, you know, they said that they didn’t stand behind the co-owner’s berating of the teenage girls, but then again a few weeks later a similar incident occurred shows that more needs to be done,” Beecher explained.

She reiterated ADF’s position: “The WNBA needs to clarify their policy, educate their staff and partners that they need to respect the viewpoints of people regardless of what those beliefs are that they’re, that the fans are expressing.”

While acknowledging the WNBA’s right to impose reasonable limits on fan expression, Beecher stressed that such restrictions must be applied impartially, without favoring one side in the debate over transgender athletes. “You can, you can have reasonable restrictions on the manner in which things are expressed, but it needs to be equal across the viewpoints being expressed,” she said. “It can’t be that one, one side of the argument is silenced while the other side is amplified.”

Broader League Eligibility Questions

This dispute emerges as the WNBA continues to deliberate on its player eligibility rules. The league’s current collective bargaining agreement specifies that “only players who are women are eligible to play in the WNBA,” but it lacks a precise definition of “women” based on biological sex or gender identity. Commissioner Engelbert recently informed team officials that a dedicated task force, comprising presidents and general managers, would further discuss issues surrounding transgender participation, noting that eligibility rules are subject to collective bargaining.

ADF also seeks clarity from the WNBA on this matter. “So I think another step is providing clarity to their players and their future players on who’s eligible to compete in the WNBA,” Beecher stated. “Is it limited to females?”

Earlier in the week, Engelbert commented on the broader situation, suggesting that some individuals were attempting to exploit the league for divisive purposes and turn it into a “political football.” She also condemned what she termed “haters” targeting the league amidst the ongoing debate.

ADF’s Preferred Path Forward

Beecher indicated that ADF’s preference is to collaborate with the WNBA to preempt future conflicts rather than immediately resorting to legal action. “The preferred path would be to have this be a stepping off stone for the WNBA to make sure that going forward they’re really respecting the rights of all fans,” she concluded.