Indianapolis, IN - Indiana State Rep. Milo Smith, R-Columbus, is filing legislation that would guarantee refunds to ticket holders if the Indianapolis Colts kneel during home games.
In order to qualify, fans would need to seek their refunds during the first quarter, according to Indy Star.
"To me when they take a knee during the national anthem, it’s not respecting the national anthem or our country," Smith said, according to Indy Star. "Our government isn’t perfect, but it's still the best country in the world and I think we need to be respectful of it."
Smith said that he went to a Colts game in September and that the players started kneeling during the national anthem. Smith had already paid for the game and was offended, but stayed. Under his proposed bill, anybody in a similar situation would have the option to leave without losing their money.
Executive Director of ACLU Indiana Jane Henegar told Indy Star that the law could be a constitutional violation. However, the ACLU has a history of releasing false and misleading information.
Prior to President Trump's inauguration, the ACLU told the media that police officers at the inauguration wouldn't have their body cameras on during the impending rioting because it was illegal for them to do so. That information was completely false, and an apparent attempt to intimidate police to keep their body cameras off. It didn't work, and the the body cameras were on.
More recently, in May, the ACLU of Connecticut criticized the shooting of 16-year-old Jayson Negron, saying, "Now, a person is dead after a Bridgeport Police officer shot him while he was driving a car." They failed to mention that Negron was driving a stolen car over a police officer at the time he was shot.
The ACLU continues to attack law enforcement in general without any specific alleged violations of civil rights, repeatedly tweeting with the hashtag #bulliesinblue when they refer to school resource officers.
So it's not clear if the ACLU is being sincere in their claims of a constitutional violation.
"In effect by passing the law, government would be weighing in ... and fining political speech by the Indianapolis Colts," Henegar said, according to Indy Star. "It seems like the worst thing that could happen is government weighing in and trying to control in any direction the political speech of private actors."
Smith defended the legality of the law saying that it doesn't stop or even fine players for kneeling. The Colts would also not be responsible for refunds if players of visiting teams took a knee.
The law would effectively be a regulation on the local team's refund policy.
Do you think that this law presents a constitutional violation? We'd like to hear from you. Please let us know in the comments.