JACKSONVILLE, Fla. — One Panthers fan was particularly upset about Sunday's blowout at the hand of the Jaguars.
The team’s owner, David Tepper, is under fire after a viral video, where he appears to throw a drink toward a group of Jaguar fans near his suite.
Since First Coast News shared the video, viewers have shared a slew of comments. Many mentioned if they did something similar, they’d be in handcuffs.
THE QUESTION
Is throwing a drink at someone is against Florida law?
SOURCES
- Jacksonville Attorney Andrew Bonderud
- Crime and Safety Analyst Mark Baughman
- Chapter 784 of the Florida statutes.
THE ANSWER
Yes, throwing a drink at someone is against the law in Florida.
WHAT WE FOUND
“It’s not only actionable civilly, but it’s a crime," said Bonderud. "It’s not the most heinous crime. It’s not a felony, but it is a crime.”
Florida statute 784 defines battery as when a person actually and intentionally touches or strikes another person against the will of the other.
There is a recent precedent for this – in May of 2023, a woman was arrested in Walton County and charged with two counts of battery for pouring a glass of wine on U.S. Representative Matt Gaetz.
Battery does require the victim to actually be touched, but even if the drink misses, Bonderud says it’s still against the law.
“If he threw something at someone, intending to hit them, but missed, that’s still a crime," said Bonderud. "That’s assault.”
In terms of a lawsuit, Bonderud says it could be taken up in a civil court.
Even if physical or emotional damages could be tough to allege or prove, Bonderud says there is still another option.
“A plaintiff could, nevertheless, recover what are called nominal damages," said Bonderud. "Would it be worthwhile for a plaintiff and a plaintiff attorney to file such a case? I don’t know.”
First Coast News Crime and Safety Analyst Mark Baughman says disorderly conduct could also be relevant, but a charge like that usually only applies in the heat of the moment.
“Law enforcement likes to witness things like that before they actually arrest people," said Baughman. "After-the-fact on that one, I wouldn’t think there’d be a sustainable charge there.”
The Everbank Stadium Fan Code of Conduct states a fan can be ejected for “Any conduct deemed inappropriate or dangerous to fans.”
First Coast News reached out to the NFL to see if Tepper will face any fines or suspensions.
A spokesperson shared the following statement:
We are aware of the video and have no further comment at this time.
A Jacksonville Jaguars spokesperson said the team will not have a statement regarding the matter.
The Carolina Panthers did not respond to a request for a statement.