Banned fan gives football club legal case deadline

Linzi Smith outside St James' ParkImage source, Linzi Smith
Image caption,

Linzi Smith claims Newcastle United and the Premier League both breached data protection laws when handling her information

  • Published

Newcastle United and the Premier League have been given a one-month deadline to respond to the threat of legal action from a banned fan.

Linzi Smith was barred after the club received complaints about her social media posts, which included tweets expressing critical views about transgender people.

She is now seeking damages, wants her ban reversed and wants the club to apologise.

Newcastle United has been approached for comment and the Premier League said it was not involved in the decision to ban Ms Smith.

Ms Smith said she wants the club's policies to "come in line with the law".

"Just because you don't agree with something, you can't take the power in to your own hands," Ms Smith said.

"I want to make sure that this doesn't happen to anyone else ever again."

Image source, Reuters
Image caption,

Newcastle United informed Ms Smith she was banned last year

Ms Smith's lawyers, Levins Solicitors, have sent two letters to Newcastle United - one claiming breach of data protection laws and one claiming discrimination under the Equality Act.

Another letter has been sent to the Premier League claiming the football body breached data protection laws.

The letters, which have been seen by the BBC, detail two complaints the club received against Ms Smith, copies of which she received through a subject access request.

The first complaint, made by an unnamed individual, states: "If I were trans, I would feel extremely unsafe and incredibly discriminated towards had I had to share a space with someone openly transphobic."

A second complaint claimed Ms Smith used her social media account to mix "her NUFC content with transphobic rhetoric".

The complaints claim Ms Smith made derogatory tweets, including references to trans people having a "mental illness" and references to Nazi experimentation.

The 34-year-old said she was expressing gender critical opinions, which are protected in law.

'Clubs should engage'

The legal letters also reveal correspondence between Newcastle United and the Premier League.

In an email sent on 4 August 2023, the Premier League told Newcastle that "where possible clubs should engage with the individual and give them an opportunity to discuss the incident".

It said such conversations would "open options such as developing an acceptable behaviour contract or exploring options for restorative education".

In its letter to the club, Levins said it was "striking that [Newcastle United] did not heed the Premier League's advice".

The law firm has given the two organisations until 24 May to reply to its letters.

These state that if liability is denied, lawyers will seek disclosure of "all relevant documents" related to the case from Newcastle United and the Premier League.

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