Wintrust Arena owner MPEA, City of Chicago also named as defendants


CHICAGO (WLS) -- Former NBA player Enes Kanter Freedom has filed a federal lawsuit against the Chicago Sky and the owners of Wintrust Arena.
The Sky banned Kanter Freedom from attending WNBA games at Wintrust Arena after he was removed from the building by security last month.
Court documents obtained by ABC7 Thursday showed the federal lawsuit claims Kanter Freedom's First Amendment rights were violated.
The Sky, the City of Chicago and the owners of Wintrust Arena, the Metropolitan Pier and Exposition Authority, are all named as defendants in the lawsuit.
Kanter Freedom was involved in a verbal altercation with Sky point guard Natasha Cloud late in the third quarter of a loss against the Indiana Fever. He was sitting courtside in a black T-shirt that read: "WOMAN noun. adult human female." When a timeout was called, Cloud walked toward Kanter Freedom and shouted at him. He was standing with his arms outstretched and took a few steps toward the court before security cut him off and directed him to leave.
Sky owner Michael Alter said Kanter Freedom had begun to "chirp" and "engage" Cloud in what he believes was an effort to provoke her. Cloud has been a vocal supporter of LBGTQ+ rights.
"[Kanter Freedom] has demonstrated to us, unequivocally, that he has the potential to be a threat," Alter said. "That he is not able to control himself to the extent where we can be comfortable that he may [not] step towards the court again and towards the players.
"So, so that is the basis for which we will not permit him into the building until such time as he can prove otherwise."
MPEA issued a statement following the lawsuit Thursday, saying "We do not have any comment on litigation filed by Mr. Freedom. The agreement between MPEA and the Chicago Sky provide the Sky with ability to control whether any individual may access Wintrust Arena on Chicago Sky game days. The Chicago Sky informed MPEA that Enes Freedom was removed from the arena and banned from future Chicago Sky events because he violated rules imposed by the WNBA. MPEA employees were not involved in those decisions. The Chicago Sky's decision to ban Enes Freedom is only applicable to the Chicago Sky or WNBA games, it does not apply to the majority of events at Wintrust Arena, including other sporting events, comedy shows, and concerts."
Kanter Freedom has inserted himself in the pollical realm in recent years and has been vocal in the national debate sparked by Fever guard Sophie Cunningham's comments regarding transgender athletes. He and former NBA player Royce White recently declared themselves women and eligible to play in the WNBA.
Multiple sources told ESPN that the two are not eligible to play in the league.
During an interview on FOX News, Kanter Freedom claimed Sky general manager Jeff Pagliocca texted he and his representative "just enjoy the game" after they informed him that they would be attending. Pagliocca, who had 20 years of training and player-development experience, and Kanter Freedom had a previous relationship working together.
Alter said the team didn't find out that Kanter Freedom was attending until about 3-and-a-half hours before the game and that the purchased tickets were not under his name. He said "Freedom's manager" texted Pagliocca that they would be attending. Pagliocca and Kanter Freedom have not spoken in three-to-four years, according to Alter, who said he was reading the texts that Pagliocca received.
"You've always been fair to me, so I figured you deserved a heads up in advance," Alter read. "Enes and I will be at the Sky Game tonight. Hope you are all well."
Pagliocca's response was, "appreciate the text," according to Alter. The suggestion, as the Sky took it, was they were coming to do more than just watch a game, or there would be no need for a "heads up."
Alter denied that Pagliocca told them to enjoy the game or anything that insinuated that the team was happy to have him.
"It was pretty clear to us that his purpose of coming here was trying to be provocative and just see how much attention he could get and stir up," Alter said.
After being removed, Kanter Freedom posted on social media: "I just got kicked out of a @WNBA game for supporting WOMEN! Let that sink in, AMERICA!"
Things were quiet through most of the game before things changed, according to Alter, who said he spoke to numerous people sitting in the area. Any claims that Kanter Freedom didn't say anything is false, according to Alter, who said he began verbally engaging with Cloud in the third quarter in an attempt to provoke her. The two went back and forth, but still no action was taken.
"That all changed when he made a decision to stand up from his seat, again, on the court, put his arms out, point a finger at the player on the court, Natasha Cloud," Alter said. "And most importantly, he took a step towards the court. That changed everything, and he went from being a fan ... to being a potential threat. And that is why the security acted as quickly and swiftly, very smoothly, as they did."
The WNBA collective bargaining agreement signed in March states that "only players who are women are eligible to play in the WNBA." There is no further definition of a woman, and the WNBA has no publicly available policy governing eligibility of transgender or intersex athletes. No known transgender woman has played in the WNBA.
Sources told ESPN that there are currently no instances that requires the league to review eligibility distinction and that it will continue to research and review the topic. There are no expectations of any rule altercations in the near future.
Alter said he believes in the First Amendment and that people have the right to their beliefs -- political, religious or otherwise. Fans who enter the building, however, are expected to follow league and team rules upon purchasing a ticket.
"I heard him last night, he said, 'Well, I didn't cross the baseline,' as if though that's some magical threshold," Alter said. "One reason he didn't cross the baseline was because he was prevented from doing so. But regardless of that, the security people's job is not to wait until a threat intensifies. It's to avoid the threat from happening when [a] perceived threat occurs, and that's exactly what they did.
"He started walking. They didn't wait to see how far he was going to walk or what he was going to do when he got there."
ESPN contributed to this report.