Suit Filed in Dallas over Super Bowl Seat Problems

Angry football fans have sued the National Football League and the Dallas Cowboys, saying they were denied seats to the recent Super Bowl despite having paid thousands of dollars for tickets. The lawsuit was filed after the league admitted to mistakes that left about 400 paying fans unable to watch Super Bowl XLV in person — or able to see the field only on TV screens — and other Cowboys’ season ticket holders watching from temporary metal chairs with obstructed views.

The lawsuit, filed in federal court in Dallas, accuses the league and team with breach of contract, fraud and deceptive trade practices. It seeks class-action status, more than $5 million in damages and unspecified punitive damages. The NFL and the Cowboys declined to comment on the lawsuit. Cowboys owner Jerry Jones is also a defendant.

The Green Bay Packers defeated the Pittsburgh Steelers 31-25 in the Super Bowl before more than 103,000 people at Cowboys Stadium in Arlington, Texas.

The league has invited the 400 affected fans who paid for tickets but did not get a seat to a future Super Bowl of their choice. It also offered the choice of a cash payment of $2,400 — three times the face value of the ticket — or round-trip airfare and a hotel.

The lawsuit contends that the NFL knew of seating problems before the game. It also accuses Jones of causing the problems with the hope of setting a Super Bowl attendance record. He fell short by 766.

The lawsuit, filed by law firm Eagan Avenatti LLP, also accuses Jones of deceiving Cowboys season ticket-holders known as “Founders” into paying $1,200 a seat for Super Bowl tickets, only to be offered metal fold-out chairs, many with obstructed views of the field and the stadium’s giant overhead video board. These Founders, who paid more than $100 million for seat licenses to help fund the stadium’s construction, said the team had promised the $100,000-and-higher licenses would entitle them to the “best sightlines” and the right to buy a Super Bowl ticket at face value, according to the suit.

The case is Simms et al v. Jones et al, U.S. District Court, Northern District of Texas, No. 11-00248.