Should an act of terrorism occur at an NFL-sponsored event in Houston this week, the league, the security firm it hired to staff the game and ancillary events, and Harris County (Texas) are each guaranteed to be granted a high level of limited liability protection from having to pay claims that might be filed by victims of the tragedy.
The entities are protected by what is formally known as the Support Anti-terrorism by Fostering Effective Technologies (Safety) Act. The act encourages the creation, deployment and use of anti-terrorism technologies and practices, such as a stadium security plan. It was created by the U.S. Department of Homeland Security in 2002 in response to the multibillion-dollar lawsuits filed after the Sept. 11, 2001, terrorist attacks that left companies concerned they would be sued if security equipment they made or were using failed to stop terrorists.
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Homeland Security deems the NFL’s Super Bowl security plan a “qualified anti-terrorism technology.”
Photo by: GETTY IMAGES
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The NFL itself has the highest level of Safety Act protection: designation and certification. By awarding certification, DHS is saying the league’s Super Bowl security plan is a “qualified anti-terrorism technology” and an “approved product for homeland security.”
If an incident is deemed by DHS to be an act of terrorism, an entity that has achieved this level can utilize the government contractor defense to all claims that may arise. The NFL received the distinction in December 2008, and its renewal runs through November 2018.
Those benefits do not flow down to the teams or stadium owners.
However, NRG Stadium owner Harris County Sports & Convention Corp. in 2015 received a Safety Act designation, DHS’s second-highest award, for its security practice at NRG Stadium. Designation is a prerequisite for certification, and gives the county a significant level of liability protection.
It’s the third time that the owner of a Super Bowl venue has been covered. The Arizona Sports and Tourism Authority (owner of University of Phoenix Stadium) and MetLife Stadium Co. (the joint venture between the New York Giants and New York Jets that owns their venue) each received an award just a few weeks prior to the game. The owner of Levi’s Stadium, site of Super Bowl 50, was awarded protection in the past 23 months, as were Lambeau Field and FedEx Field owners.
Andy Frain Security Services, an Aurora, Ill.-based crowd management company that holds a Safety Act designation and certification, will staff the game.
The NFL controls all facets of the stadium’s operations from the first week of January through early March, and the venue will go into lockdown approximately 96 hours before kickoff.
Overall, the city of Houston expects to spend more than $7 million on security for the game, although the majority of that will be reimbursed by a number of partners.
The 2016 installation of a new $6.35 million Wi-Fi network will also be a critical component of the overall security plan. Irvine, Calif.-based 5 Bars deployed 1,250 wireless access points in the stadium, with nearly half of those installed under seats in the main bowl. The hardware was provided by Extreme Networks, the league’s official Wi-Fi provider.
