Desert Sun, 25 November 1972 — Bowl Blackout Is OKd [ARTICLE]

Bowl Blackout Is OKd

LOS ANGELES (UPI)-The National Football League held court approval today of its plan to black out the Super Bow l here Jan 14 unless it is a sellout. Superior Court Judge David N, Eagleson granted the NFL a summary judgment Friday on a class action suit brought by attorneys Harvey A. Schneider and George Hanover, who filed the case as football fans and taxpayers to prohibit the game being blacked out The ruling rejected the claim of the plaintiffs that a blackout would violate their constitutional rights of equal protection and to be informed “The plaintiffs want to be entertained," said the ruling.

“There is no such constitutional right." Judge Eagleson also turned down a claim by the plaintiffs that a blackout violated antitrust laws. He ruled that the NFL and club owners "have the right to merchandise the event in any lawful way." His ruling pointed out that the NFL and Commissioner Pete Rozelle were experienced in handling football and the blackout decision was rot reached in an arbitrary manner. Attorney Philip K. Verleger. representing the league, and Rozelle filed an affidavit with the court outlining that the league had agreed to permit the Super Bow l to be televised locally if it was a sellout 10 days in advance.