Alliance Defending Freedom (ADF) warned WNBA Commissioner Cathy Engelbert on Friday that the league may expose itself to legal liability by silencing fans who support fairness in women’s sports, citing two recent incidents involving supporters of Indiana Fever guard Sophie Cunningham.
The conservative legal group made its case in a letter to Engelbert. It argued the WNBA has betrayed its commitment to open dialogue. The league could face liability under the First Amendment and public accommodations laws, ADF wrote, because it singled out fans for their views but allowed opposing messages to stand.
“The message these incidents send is clear,” the group wrote. “Fans who know what it means to be a woman and who support fairness in women’s sports aren’t welcome at WNBA games.”
ADF pointed to a game between the Atlanta Dream and the Fever. Security personnel approached a mother and her 17-year-old daughter there and told them to cover their clothing or leave. The pair wore shirts branded with XX-XY Athletics, a company that says it works to protect women’s sports. Security described the shirts as offensive, according to Fox News, though the guard cited neither the arena’s prohibited-items list nor its fan conduct code.
The WNBA later acknowledged the encounter. “The WNBA is aware of interactions at last night’s game in Atlanta in which fans were asked by league security to cover their shirts. This should not have happened,” a league spokesperson said. The Atlanta Dream distanced itself from the decision, saying its personnel was not involved.
Days earlier, Seattle Storm co-owner Celeste Keaton confronted two teenage girls holding signs supporting Cunningham during a game against the Fever. Keaton berated the fans with profanity and called them insane, leaving at least one girl in tears. The WNBA suspended Keaton for five home games and fined the team.
ADF argued that many stadiums sit on public land or were built with public funds, which it said can render private conduct “state action” subject to First Amendment limits. The group cited Burton v. Wilmington Parking Authority and noted that Seattle bans discrimination based on political ideology.
The incidents trace back to Cunningham’s July comments to ESPN, when the Fever guard said she wants to protect young girls who “shouldn’t have to go against biological men.” ADF said it is open to helping the league draft policies that protect peaceful expression.
ADF’s post generated a heavy response from users, who piled on the WNBA and its commissioner.