Editor’s note: This story is revised from the print edition.
The NBA has been awarded a Safety Act certification from the Department of Homeland Security, the highest level of protection granted by the program.
If an incident is deemed by DHS to be an “act of terrorism,” the league now can use what’s called the “government contractor defense” for all claims that may arise. This means that through August 2020, the NBA is granted protection from having to pay claims that might be filed by victims against the league in the event of a terrorist attack at one of its events.
Officially known as the Support Anti-terrorism by Fostering Effective Technologies Act, the act promotes the creation, deployment and use of antiterrorism technologies and practices. It was enacted in 2002 in response to the multibillion-dollar lawsuits filed after the Sept. 11, 2001, attacks.
The league worked with the Covington & Burling law firm and Catalyst Partners, a Washington, D.C.-based government relations and public affairs firm that has helped several teams secure the federal protection. Covington helped the NBA in 2010 obtain a “designation,” which provided a more limited degree of protection than the award it gained this month.
The NFL in December 2008 became the first — and until now the only — league to be awarded Safety Act protection for more than a single event. The league’s current designation and certification expires in November 2018.
MLB has received protection for its All-Star Game-related events for the past several years. The league currently is operating with limited protection under the act’s “Developmental Testing & Evaluation” tier, which gives it until August 2018 to further test and deploy its security plans.
These protections, however, do not necessarily trickle down to the venue owners or operators. Although 10 stadiums have some level of Safety Act protection, no NBA arenas do.
Yankee Stadium was the first sports venue to get Safety Act protection. That was in June 2012, and its coverage is set to expire June 30.
