An Avondale man has filed a civil lawsuit against the state and an ASU police officer, alleging he was the target of racial profiling by ASU police.
John Batchan III filed a complaint in Maricopa County Superior Court on Sept. 29, nearly one year after the allegedly discriminatory incident.
On Oct. 26, 2002, Batchan, the owner of Ticket King, was attempting to deliver tickets to the Wells Fargo Arena box office when an officer reportedly approached him from behind and placed him in handcuffs.
"I had just sold two tickets for less than face value to a man who said he was looking for tickets when the officer snuck up on me and placed me under arrest," Batchan said. "I had no warning and no idea why I was being arrested."
Batchan was taken to the ASU police precinct in Sun Devil Stadium, where he was charged with loitering and detained for an hour. He claimed the officer did not read him his Miranda rights.
"The officer took away the money that I made from the sale of the tickets and said I wouldn't get it back," Batchan said. "I got it back eventually, but he confiscated the tickets I was trying to deliver to the box office."
Batchan was acquitted of the loitering charge in Tempe Justice Court in March.
"I was well within the limits of the law. I wasn't breaking the law that says you have to be 200 feet outside any stadium entrance. Besides, I wasn't trying to sell tickets for more than face value."
Arizona law prohibits the sale of a ticket "for a price in excess of the price as printed on the face of the ticket while being within 200 feet of an entry to the stadium, arena, theater or other place where an event is being held, or of the entry to a contiguous parking area."
"I was targeted by the officer at the stadium because I'm an African-American entrepreneur," Batchan said.
ASU spokesman Keith Jennings said no racial profiling policy is in place at the ASU Police Department.
"This has happened to other people, and it will happen again," Batchan said. "Harassment against African-American entrepreneurs must stop."
Batchan represented himself in the Tempe Justice Court case and intends to do so throughout the discovery phase of the civil lawsuit.
"I'll only hire a lawyer if the case goes to trial," he said. "I don't want to waste the court's time by representing myself."
Batchan is seeking monetary damages "as allowed by law." No court date has been set.
Reach the reporter at kelly.vaughn@asu.edu.
