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Cleveland Browns fan sues team over beer-soaked kerfuffle

Kristian Dyer

All Eric Smith wanted was an apology from the Cleveland Browns. Now, he has filed a lawsuit against the NFL team for mistakenly banning him from attending games.

Smith received a call from the Browns organization following the team's early September loss to the Tennessee Titans, telling him that he was banned from FirstEnergy Stadium for pouring a beer on Titans defensive back Logan Ryan after a touchdown against the Browns.

The problem with what might appear to be a rational and proportionate response lies in the fact that Smith claims that he wasn’t at the game. In his lawsuit, which was filed on Monday, Smith notes that at the time that Ryan was getting doused by an adult beverage, he wasn’t anywhere close to the stadium.

According to the court filing on Tuesday, Smith’s lawsuit seeks damages “in excess of $25,000” At the time of the incident, Smith "was at his home relaxing with his wife and kids before he left around 3 p.m. to DJ a wedding,” the lawsuit claims.

Smith says he has a mobile app that shows he didn't leave his residence until 2:57 P.M. that day.

Not only was Smith not at the season opener, he hasn’t attended a Browns game since 2010, and instead of the apology he sought, he was offered only tickets.

The suit names the Cleveland Browns and their related entities as well as First Energy Stadium and the NFL’s security division. Noting the details of the Browns 43-13 loss that day, the plaintiff notes that the team “committed an obscene amount of penalties and turnovers.”

Only a true fan would include such painful details.

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