Only a month after Iowa point guard Caitlin Clark collided with a woman who rushed the court following the Hawkeyes upset loss to Ohio State at Schottenstein Center in Columbus, Ohio, court storming made negative headlines again on Saturday. Duke center Kyle Filipowski sustained a knee injury when fans stormed Lawrence Joel Veterans Memorial Coliseum’s court in Winston-Salem, N.C., during the waning seconds of Wake Forest’s 83-79 victory over the Blue Devils.
Filipowski limped off the court with the assistance of teammates. Afterwards, he told the media there are videos of him being punched in the back and that he believes the attack as “personal” and “intentional.” Duke head coach Jon Scheyer blasted court storming as a “dangerous thing” and asked for the practice to be banned.
Conferences vary in how they deter court storming and whether they punish schools for failing to take sufficiently preventive measures. The Big 12’s penalty scheme includes fines and potential forfeiture of future home games. The Southeastern Conference has elevated its fines, with a third time offender now subject to a $500,000 penalty. The ACC, of which Duke and Wake Forest are members, does not automatically fine teams for court storming and has no known formal policy regarding the issue.
There are potential legal ramifications for court storming. A person—be it a player, coach, student, fan or journalist—trampled or otherwise injured during a court storming could file a negligence lawsuit against the arena, school, conference, NCAA and any other parties arguably responsible for stadium security. The core accusation would be that security was unreasonably lacking for the situation and that led to the injury.
While game tickets usually contain waivers that attempt to extinguish potential legal claims for injuries, enforceability of those waivers can turn on whether the injuries were foreseeable and connected to the playing of the game. Ticket waivers also wouldn’t pertain to players and coaches who entered facilities as part of teams. Also, while a fan sitting in the front row injured by an errant pass or by a player diving out bounds likely assumed the risk, a player shoved when dozens of people from the stands spontaneously race onto the court is in a more vulnerable spot.
Occasionally fans storming the court leads to litigation. A former Ball State student suffered a broken back in 2003 when storming fans caused a football goal post to collapse on him. He sued the school (among others) and it settled the lawsuit.
Filipowski, a sophomore, is a projected first-round and potential lottery pick in the 2024 NBA Draft. The 7’0” center is averaging 17 points and eight rebounds a game. Although the severity of his knee injury isn’t known, a lasting and serious injury could potentially hurt his draft prospects. Filipowski could plausibly argue arena security was inadequate, especially for a packed house (it was at or near capacity, with 14,744 in attendance) and especially for a game between archrivals. He could also point out the rushing started while he and other players were still on the court and question whether there were public address announcements and other warnings instructing fans to not rush. One other factor: Many NBA prospects purchase insurance for injuries and it’s possible Filipowski is insured.
The Clark and Filipowski incidents also occur as the National Labor Relations Board and federal courts weigh whether college athletes are employees and whether they can unionize. While much of the attention on employment status centers on pay, college athlete employees would gain a voice over more than money. They could demand better working conditions as a condition of their employment. A union for college athletes could demand reforms that seriously punish schools that permit court storming. Stripping wins or taking away future home games would no doubt send a message.