Fan Sues Patriots HOF for Damaging Tom Brady–Signed American Flag

A fan is suing the Patriots Hall of Fame for allegedly damaging a Tom Brady–signed American flag, claiming that improper displaying techniques faded the quarterback’s signature and devalued the flag by up to $1 million. 

Daniel Vitale, the plaintiff, is reportedly seeking damages, interest and cost for the Hall of Fame’s breach of contract and its fraudulent and negligent misrepresentation, according to the lawsuit obtained by Yahoo Sports and TMZ Sports. The monetary amount was not disclosed. 

The rare flag flew at Foxboro Stadium in 2001, the same year Brady became New England’s starting quarterback. Vitale says he signed a loan agreement with the Patriots Hall of Fame in 2021, with the agreement, he says, that the flag would be treated like a museum piece and displayed “using accepted professional library and museum techniques and standards,” per Yahoo.

Vitale said he did not insure the flag because he was under the impression the Hall of Fame was a museum and was assured by Kurt Evans, the curator, numerous times it was and the flag would be handled with care.

However, Vitale claims the flag was not handled properly by the Patriots Hall of Fame staff. Vitale visited in November 2021 to view the flag, but it was not on display. An attendant told Vitale that the flag was O.K., but after Vitale noticed an autograph on a different item was faded, the attendant noted he’d been asking for the Hall of Fame to switch out lighting and glass for years.

“I know, I’ve been telling them for years that they need to switch out the lighting and glass,” the attendant said in response, per Yahoo. “It is not the right stuff for this type of display.”

Vitale later heard from Evans in January 2022, who told him there was “slight fading” to the autograph because of contact with the air. Vitale then spoke with the man in charge of the Hall of Fame, who said that it was not a museum, per Yahoo. He also reportedly told Vitale no staff members had any experience with the preservation of memorabilia or museum practices.

The flag itself and Brady’s signature on it have been fully authenticated. The signal-caller’s signature, the flag has a sewn patch commemorating the stadium’s final year of existence as well as the date and game when the flag was flown. On Dec. 22, 2001, the flag flew as New England beat the Dolphins 20–13. 

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