Locker rooms no place for press

In spite of the First Amendment to the United States Constitution, which guarantees freedom of the press, there are some places where journalists don’t belong and are simply not allowed: At times inside a court room with closed proceedings, a jury deliberation room, a medical exam room, and in a legal consultation, among other places.

I’d suggest adding locker rooms to this list...if for no other reason than because these places are essentially restrooms with showers and lockers. Who, in their right mind, would even think of following someone into the "john" for an interview at the urinal?

I have multiple reasons for my argument, but one is enough: An individual’s right to privacy, guaranteed by the Fourth Amendment to the U.S. Constitution. There is also something to be said about plain, old-fashioned common decency respecting another person’s dignity.

Popular culture has gotten so wrapped up in media access that it has lost any sense of conscience. The only thing on our minds in this modern age seems to be access to instant (and constant) information. We get so wrapped up in whether or not we can do something, that we don't think about whether or not we should.

The landmark 1978 U.S. Supreme Court ruling in Ludtke v. Kuhn opened the door for female reporters to enter the locker rooms of male athletes, granting them the same equal access as their male counterparts.
Most people today feel equal access is a good thing. No harm, no foul, right?

But then there were sexual harassment incidents that followed in consequence to this equal access. The most talked about of these events was when Boston Herald reporter Lisa Olson was harassed by members of the New England Patriots after a 1990 NFL game.

Suddenly, the issue of female reporters in men’s locker rooms became a hot-button topic, and the debate over how to accommodate female press members lasted for months.

The topic, though, has seemed to wax and wane over time. It only becomes important when another harassment incident occurs, like when TV Azteca reporter Ines Sainz was the subject of comments made by members of the New York Jets while she waited inside the locker room for quarterback Mark Sanchez after a 2010 NFL game.

I’d like to preface what I’m going to say next by emphasizing that there is no excuse for the behavior of anyone who harasses someone else. They need to own their behavior and accept the consequences of their actions.
However, general common sense would tell a person that a locker room, like a restroom, is really no place to conduct any other business than that of the athletes themselves. It is full of smelly, sweaty bodies, rank clothing, wet and stagnant air ... and, yes, urinals. It is a loud and obnoxious place, full of chaos and no general order to things. The locker room is a place where a bunch of athletes are just trying to clean up and unwind from a hard day’s work.

As an athlete, the very last thing I would want in the locker room is a reporter waving a microphone in my face, eager for a scoop or an emotionally charged quote. Frankly, the locker room is no place for reporters of any gender. Period.

It is a place where individual privacy ought to be respected, and a person’s sense of dignity preserved.

That is really the best way to settle any debate over whether female reporters belong in men’s locker rooms. Should they be allowed? Per the U.S. Supreme Court, that question has been moot since 1978.

But do they belong there? Categorically no. Not any more than male reporters belong in women’s locker rooms. It is inappropriate, to say the least. But it is also a reckless exercise that has trouble written all over its face.
I feel that encouraging women reporters to enter men’s locker rooms to get a scoop for a story is irresponsible, too. It sets up a dangerous scenario that puts these women in precarious, high risk situations where their chances of being harassed are increased.

While we have every right to expect male athletes to conduct themselves as gentlemen at all times, we must also acknowledge that this expectation is simply not realistic, either. The locker room is really the last place one should expect chivalrous or gentlemanly behavior.

And, by the way some of these women reporters dress, I can only shake my head and wonder silently, “What in the world were you thinking?” Who are you trying to impress, and why?

They are certainly not trying to win brownie points with their editors.

Although it would be wrong to assert that a woman asks for harassment by the way she dresses, common sense dictates that when a woman dresses provocatively she should not expect benign or platonic reactions from members of the opposite gender. Ines Sainz and Erin Andrews tend to dress like they are on their way to a catalog shoot for Venus or Frederick’s of Hollywood.

I see more legs and skin on them than I do male basketball players. They both seem to dress in ways that do not convey a sense of journalistic integrity or professionalism. If women like them are truly all business as sports journalists, then they need to dress ready for business, instead of seemingly dressing to impress the visual appetites of male athletes from whom they can gain an exclusive interview.

It is common knowledge that men are generally very visual, and are easily stimulated in this manner. No one knows this fact better than men; except maybe women.

When a woman wears attire that is liberally skin-bearing or tight and skin-hugging, she sends a non-verbal message — intentional or not — to men with whom she comes into contact.

Considering how brazenly Sainz has dressed, I’ll wager she is not only quite cognizant of this fact, but it may, in fact, be a motivation of hers to attract attention so she can get to popular male athletes first.

Assuming this is true, then she and other women who may think the same way deserve the consequences of their actions. I know that sounds harsh, but when you make waves, expect your boat to get rocked. Dressing with a measurable degree of sex appeal isn’t going to get a woman respect from men, either. Short skirts and short-shorts, very shapely skinny jeans, platform-sized stiletto heels, and halters or low-cut tops that display obvious cleavage conjure up images of street walkers, clubbing co-eds, or groupies more than they do professional journalists who deserve to be taken seriously; and have their jobs given equal billing.

I submit that athletes and their jobs need to be taken seriously, too. Invading their privacy and sense of personal space by converging in a locker room is not very respectful of professional athletes who are still on the clock.
The Constitutional right to privacy is just as important as the right to free press and the right to equal protection under the law, including Title IX equal access.

The media needs to honor and respect this right as much as it trumpets its right to free press.

The locker room is no place for any member of the media, male or female. It won’t kill reporters to have to wait for athletes to undress, shower, re-dress, primp and unwind for a few minutes before facing the cameras and microphones. Just as reporters must wait for a jury to deliberate before getting the verdict, they also should wait for athletes to finish their business before sharing it with the world.

Just as reporters must wait for a police investigation to be completed before information is released to them, they should also wait until athletes are prepared to face them.

And, just as reporters must wait for the team physician to complete his or her examination of an athlete before their conditions are released, so, too, should reporters be made to wait a few extra minutes for athletes to have the opportunity to exercise their right to privacy.

Verily a scoop, and who gets it first, is not as important as respecting the privacy of the individual. Simply having access to the athletes and coaches should be enough. Where and when that access occurs should be less important.

I’m thinking that if the shoe was on the other foot, and athletes were pounding on the doors of the news room demanding to be the first to read the final draft of a story, reporters might feel a little uneasy as though their right to privacy was being disrespected.

I say all of this as one who has some authority to do so. I spent ten years in the print journalism business, including several years on the front lines of a sports desk. I know about the pressures of deadlines. But I never let that effect my judgment or my perspective. I was a human being first, and a journalist second. I valued my personal privacy as much as the next person, and I had a fiduciary responsibility to honor the privacy of those from whom I sought interviews and information.

Removing all reporters from the locker room isn’t just the right thing to do, it is also a prudent solution to a recurring problem.

Rather than having to revisit Title IX all over again the next time a female reporter feels harassed in a locker room, how about we take the locker room out of the equation entirely? Let’s stop the victimization before it has even an inkling of a chance to start.

And, let’s stop playing the victim, too. Female reporters are guilty of this more times than not. Instead of crying foul in complaint, or in reminiscence of the good old days when athletes got away with brutish behavior, let’s move forward as professionals.

Frankly, I am tired of reading the blogs or columns of female reporters who seem to relish in recalling their own personal brushes with inequality as though they are swapping war stories. They tend to wear these experiences like badges of honor that entitle them to moan, groan and complain about injustice.
How about we get beyond victimization already by reducing situations and scenarios that naturally seem to lend themselves to bad behavior?

Kick out all of the reporters in the locker room, and maintain exclusive privacy for the athletes, coaches, and other team staff. Just because business on the field has concluded doesn’t mean it’s over in the locker room.
Let the athletes finish their business before doing business with the media.

And, most of all, let’s all try to observe the Golden Rule of “do unto others.” If we all tried to practice this a little more often, issues like sexual harassment and locker room access might not be debated.

— Brett Fisher is a writer and cartoonist who lives in Carson City. He and his wife, Lisa, have resided in the state capital since 2008.