In 2009, the NFL fined Titans owner Bud Adams $250,000 for firing off a double-barreled middle finger at a game. For Panthers owner David Tepper, $250,000 should be the starting point for determining the proper punishment for throwing a drink into the stands at Jacksonville on Sunday.
The NFL has said it is aware of the video. The Panthers declined comment. (Most notably, the Panthers did not deny that the video shows what it appears to show.)
Whatever the NFL does, it needs to act swiftly and decisively. Tepper didn’t just cross the line. He jumped over it with both feet.
Sure, he probably had been hearing all day long from the fans below his suite that the Panthers stink and that he’s not a very good owner, to say the least. That’s no excuse for what he did. Not even close.
Even if it was only water, it was in a cup from which he presumably was drinking. In post-COVID America, there’s something inherently unsettling about sending germs mixed with liquid indiscriminately into the eyes, noses, and/or mouths of anyone and everyone within the splash zone.
Technically, Tepper could be charged with assault and battery. He could be sued in civil court for assault and battery, too. Throwing a drink onto someone is no different than throwing a punch at them, in the eyes of the law.
The damages most likely wouldn’t be significant, even if the person could convince a jury that the liquid did indeed get in his or her eyes, nose, or mouth and created reasonable fear of being infected by whatever virus Tepper might have been carrying. Tepper’s wealth and disposition won’t help him, however, when it’s time to face the music from a cross-section of average Americans who resent the notion of the rich and powerful treating them like a garbage can.
Then there’s the potential for punitive damages. Again, Tepper’s wealth will work again him. What would it take to properly punish someone like Tepper and to deter other thin-skinned multi-billionaires from doing what he did?
What Tepper did in and of itself isn’t a significant offense. The fact that Tepper is one of the richest men in America and a member of the most exclusive club of sports owners in the world makes it a bigger deal. If the NFL is going to fine an owner $250,000 for merely showing a middle finger or two, the punishment for throwing a drink onto paying customers should be significantly higher.
The Personal Conduct Policy applicable to non-players specifically encompasses “assault and/or battery.” It also covers “violent or threatening behavior toward another employee or a third party in any workplace setting,” “disorderly conduct,” and “conduct that undermines or puts at risk the integrity of, or public confidence in, the NFL, NFL clubs, or NFL personnel.”
Any, some, or all of those categories would seem to cover throwing a drink onto a crowd of paying customers. If the NFL wants to preserve the integrity of, and public confidence in, the NFL, it needs to take quick and clear action against Tepper.
If the NFL fails to do so, it will once again confirm that The Shield provides protection and cover for the periodic misconduct of the wealthy owners who hide behind it.
