Alliance Defending Freedom (ADF), a law firm known for its involvement in legal cases related to women's sports, has sent a letter to WNBA Commissioner Cathy Engelbert following incidents involving supporters of player Sophie Cunningham at games in Seattle and Atlanta. ADF's legal counsel, Suzanne Beecher, indicated that free-speech protections may apply, particularly in light of potential public funding at WNBA venues. Beecher stated that fans should be respected for voicing their viewpoints and called for clearer policies from the WNBA regarding fan expression.
The letter follows two incidents where fans wearing shirts supporting Cunningham were reportedly confronted by WNBA security and team personnel. In one case, during a game on July 28, two teenage girls were approached by Seattle Storm minority owner Celeste Keaton, who allegedly used profanity towards them. The Storm later fined Keaton and issued an apology, stating that all attendees should feel welcome.
In a separate incident on August 16, fans at a game against the Atlanta Dream were told to cover their shirts or leave the venue. The WNBA acknowledged that security personnel had improperly restricted fan clothing and stated that such actions should not have occurred. The Atlanta Dream clarified that their employees were not involved in the decisions made by WNBA security.
Beecher emphasized that the WNBA must improve its policies and ensure that all viewpoints are respected without bias. She noted that while reasonable restrictions on expression can be imposed, they must be applied equally across different perspectives. The letter from ADF also addresses the WNBA's ongoing discussions regarding player eligibility rules related to transgender participation. Engelbert has stated that the league's rules are collectively bargained and that discussions will continue. ADF expressed a preference for collaboration with the WNBA to address these issues rather than pursuing litigation.