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Could Jets fans need to sign a waiver to watch their team at MetLife Stadium in 2020?

Could Jets fans need to sign a waiver to watch their team at MetLife Stadium in 2020?

The New York Jets have optimism for the 2020 NFL season. Fans definitely want to see how the new additions fit in and if quarterback Sam Darnold can improve in his third year at the helm. Throughout the COVID-19 pandemic, other sports have not had fans as spectators. The NFL is considering allowing fans to enter stadiums, but only if they sign a waiver that shields the league and its teams from liability should an attendee contract the coronavirus. So if you want to scream, “J-E-T-S! JETS! JETS! JETS!” at MetLife this season, you may need to sign a waiver in case you get COVID doing it.

The Athletic reports that the league is putting together a list of potential protocols in order to have the season, representing an array of options. Scenarios have ranged from completely empty stadiums to partial attendance to nearly full buildings. Each scenario is likely to be based on the COVID-19 numbers in that particular area.

For the Jets, these options raise some unique scenarios. In recent weeks, New Jersey has seen a huge decrease in the spread of the virus. For nearly a week, the hospitalizations state-wide due to the coronavirus are under 1,000. That’s a stark contrast to states like Florida, Arizona and Texas where there is a huge spike in cases. If the government allows the Jets to have fans at their games, there are undoubtedly many fans who would take the risk to see their team play. However, those settings have been shown to spread the disease and the NFL doesn’t want to deal with a lawsuit later if a fan who attended winds up getting sick or even worse. 

Last month in Tulsa, OK President Trump held a campaign rally and those in attendance were asked to sign a similar waiver. Lawyers debated whether or not those waivers would hold up in court. Closer to home in the tristate area, numerous day camps are asking parents to sign waivers before sending their children on a bus to camp.

Attorney Bob Hilliard told The Athletic, “Let’s say a fan and his family go to a game. The team/NFL allows, by poor processes, that fan, and his family to be exposed to Corona and everyone dies. The waiver defense will either be a question of law for the judge, or a question of fact for the jury, depending on the jurisdiction and the particular facts. I’d take the case.”

If fans are allowed in the stands, it won’t be the most expensive seats right next to the field. Last week, the NFL announced that teams will be allowed to cover the seats closest to the field with a tarp that could include sponsor logos. This is done to limit exposure and increase social distancing protocols to protect players and personnel on the field.

If the league errs on the side of caution, that will raise another slew of issues that could have legal ramifications. If New Jersey continues to have excellent results but fans are kept away from MetLife Stadium, fans will be furious. Then, if limited fans are allowed in the stadium, it's easy to speculate that priority would go to fans who purchased personal seat licenses.

Still, many hurdles have to be cleared before this waiver possibility comes to fruition. First, games need to actually get played. Then, the NFL has to allow fans in stadiums. After that, the Jets would have to determine how many and where they sit. Then, they would have to design the safety protocols upon entry.

Not easy for fans to say the least.