SAN DIEGO — Arguments continued in civil court on Thursday over whether the San Diego Padres are violating city code in bringing a rodeo to Petco Park.
Last month, the plaintiffs, The Animal Protection League and Showing Animals Respect and Kindness sued the Padres and C5 Rodeo, the company putting on the event. They said the event violates municipal code, which prohibits non-service animals inside and around Petco Park.
During a hearing Thursday, Padres Attorney Elaine Harwell told the judge the plaintiffs are interpreting the municipal code incorrectly.
"The statute is actually meant to apply to the conduct and regulate the conduct of the patrons attending the events at Petco Park, not to govern what type of events or what type of entertainment is occurring at the ballpark," said Harwell.
She said the provisions in the code prohibit the throwing of any solid objects, including footballs or baseballs.
"If the court were to read the statute the way the plaintiffs are advocating for that would mean the Padres couldn't even hold baseball games at Petco Park without violating this particular municipal code provision," she said.
Harwell also pointed out fireworks are prohibited under this same code, and fireworks are set off at Petco Park all the time.
But the attorneys for the plaintiffs said this case isn't about fireworks. Attorney Bryan Pease told the judge just because you may be breaking the law in setting off fireworks and you haven't faced any consequences for it, doesn't mean the code doesn't apply.
"It does go to the level of harm. The speed limit is 55 mph, you're doing 65, you might not get pulled over," said Pease. "You're doing 85, you might get pulled over."
He pointed out there has never been a rodeo at Petco Park.
The rodeo is scheduled to begin in less than a month. Harwell argued if a temporary restraining order is granted as the plaintiffs have requested, ticket sales and marketing would have to be halted, and the event canceled.
Therefore, giving the plaintiffs their desired outcome, without allowing the defendants due process.
Judge Joel R. Wohlfeil allowed the defendants more time to file their formal responses. He said a ruling will likely be issued early next week.