If you’re a fan of women’s basketball, you’ll have noticed a weird trend this season – one that has nothing to do with the players or stats. If you haven’t been following, a look at the most recent episode from earlier this month will catch you up.
On August 5, the Dallas Wings and the New York Liberty were playing at Barclays Center in Brooklyn. The fans in the arena were varied, from a 12-year-old girl to a 32-year-old auto body shop owner named Charles Burgess, who, for some reason, had come equipped with a neon green dildo. Burgess was from Dayton, Ohio, and his reasons for attending the game aren't entirely clear.
Regardless, it seems his enthusiasm really got the best of him. Around 8:45 pm, Burgess pulled the sex toy out of his pants and hurled it toward the court ... hitting that 12-year-old girl. Why on earth would he do such a thing? Well, there’s a good deal of evidence that Burgess wasn’t just acting out of impulse.
Dildo Disruptions
Since late July, there has been a string of incidents in which spectators have thrown sex toys (most commonly – you guessed it – neon green dildos) onto the court or into the crowd during WNBA games across the United States. At least seven such incidents have occurred at games in various major cities across the country. Some of these objects have landed on the court and caused delays in play, while others have struck fans, including children, in the stands.
In Phoenix, an 18-year-old who attempted the stunt was tackled by a volunteer as he tried to leave and was later arrested. He claimed the act was a prank inspired by a trending social media challenge. In Atlanta, a 23-year-old was charged with disorderly conduct, criminal trespassing, public indecency, and indecent exposure after two incidents at Atlanta Dream games. Multiple incidents in Chicago and Los Angeles led to game delays and ejections, though not all resulted in arrests. Donald Trump Jr. even posted a contrived image of his father and the current president doing the same.
Media reports and police statements indicate that the motivation for throwing sex toys at WNBA games is primarily driven by a social media "prank" trend. This trend has been linked to a group involved in promoting a cryptocurrency meme coin, which claims responsibility for orchestrating some of the incidents. The group describes the stunts as protests against what they call the "toxic" environment in the crypto world, and insists they are not meant to disrespect women athletes. Individuals arrested for participating in these incidents have told police that the act was intended as a joke designed to go viral online.
Consequences for Burgess
What happened in Burgess’s incident? According to police reports, the girl experienced pain from being hit but did not require hospitalization, and no major injuries were reported. Witnesses saw the incident, and Burgess fled the scene on foot following the throw.
At the time, Burgess had not been identified as the perpetrator, and the New York Police Department immediately launched a search for the suspect. Witnesses at the scene reported seeing the object thrown and the perpetrator fleeing on foot, prompting police to request assistance from the public in identifying him.
Over the following weeks, investigators reviewed surveillance footage and gathered information, ultimately identifying Burgess as the suspect. On August 20, after driving from Ohio, Burgess voluntarily surrendered himself to authorities at the 78th Precinct in Brooklyn.
He was formally arrested and charged with two counts of assault in connection with the incident. Following his arrest, Burgess pleaded not guilty and was released pending his next court date, which was scheduled for December. His attorney stated that Burgess intended to "vigorously fight" the charges, characterizing them as embellished and exaggerated.
Legal Liability
We’ll note that Burgess is the father of six children, and according to his lawyer, has no prior criminal record. It seems pretty likely that the guy had no intention of hitting anyone, let alone an innocent girl who’s probably completely mortified from the publicity by now.
But regardless of the intent, there are consequences, some more dire than others. A lifelong ban from attending games could be worse than getting into criminal trouble for some, but rest assured, there’s a punishment fit for everyone.
Throwing objects at sporting events can violate both general criminal laws and event-specific statutes. For example, in New York, Penal Law § 240.75 makes it a misdemeanor to throw or drop any object at a sporting event that creates a substantial risk of physical injury. Assault, disorderly conduct, reckless endangerment, and public indecency are common charges, and penalties can range from fines and probation to jail time, especially if injury occurs. Civil liability is also possible if victims choose to sue for damages.
League Response
The WNBA has responded forcefully, issuing statements that the safety of everyone in the arena is a top priority. The league is working closely with local and federal law enforcement to pursue arrests and prosecution, including felony charges where applicable.
Arena security standards have been tightened, and all teams have reiterated policies prohibiting the bringing of prohibited items and the throwing of objects. The WNBA issued a statement saying that, in line with their security standards, “any fan who intentionally throws an object onto the court will be immediately ejected and face a minimum one-year ban in addition to being subject to arrest and prosecution by local authorities.”
With the WNBA's increased visibility and heightened media coverage, these incidents have sparked widespread concern about arena safety and respect for women. Terri Jackson, the executive director of the WNBPA (players’ union), has been concerned and requested information from the WNBA. The league, in response, released a statement noting that it was investigating claims that individuals were being incentivized to carry out these stunts and expressing concern for player safety.
Dangerous and Misogynistic?
No one on the court has been particularly amused by the stunts, to say the least. LA Sparks coach Lynne Roberts called the various sex toy incidents "ridiculous," "stupid," and "dangerous." And given the fact that every single perpetrator of the sex toy-throwing so far has been a man (in a sport with a lot of female fans), the incidents have been viewed, at least from the many women involved in the sport, as a misogynistic statement.
While the recent spate of flying neon dildos might have added some comic relief to the WNBA for some, let’s hope this bizarre chapter in sports history soon comes to a close. And if you’re ever tempted to join a viral trend at a game, remember: what goes up must come down — and it could land you in a very different kind of court.
Related Resources:
- Important Laws and Policies for Transgender Athletes (FindLaw's Learn About the Law)
- Basketball Star Dearica Hamby Takes the WNBA to Another Kind of Court (FindLaw's Legally Weird)
- Could an NFL Owner Face Criminal Charges for Throwing a Drink? (FindLaw's Law and Daily Life)
