Alliance Defending Freedom Warns WNBA Commissioner Cathy Engelbert of Potential Legal Liability Over Censorship of Fans Who Support Sophie Cunningham and Women’s Sports

WNBA Commissioner Cathy Engelbert speaking to journalists at halftime in a Lynx vs Mystics game (Credit: Lorie Shaull)

Alliance Defending Freedom has formally put the woke WNBA on notice.

ADF Legal Counsel Suzanne Beecher sent a blistering letter Friday to WNBA Commissioner Cathy Engelbert warning that the league’s treatment of fans who support Indiana Fever star Sophie Cunningham and fairness in women’s sports could expose the WNBA and its partners to serious legal liability.

“The WNBA claims to stand for women, but recent incidents show that fans are being intimidated and silenced for advocating for women’s sports,” Beecher said in an ADF statement announcing the letter.

The two-page letter, dated August 21, highlights two outrageous incidents involving paying WNBA fans in Seattle and Atlanta.

“The message these incidents send is clear,” ADF wrote. “Fans who know what it means to be a woman and who support fairness in women’s sports aren’t welcome at WNBA games.”

As The Gateway Pundit previously reported, two teenage girls attended the July 28 Indiana Fever–Seattle Storm game at Climate Pledge Arena wearing XX-XY Athletics shirts and carrying signs thanking Cunningham for standing up for female athletes.

One sign simply read:

“Thank you Sophie for speaking up for girls!”

Their supposed crime was peacefully supporting biological reality and demanding that women’s sports remain reserved for women.

Seattle Storm minority co-owner Celeste Keaton allegedly confronted the girls, called them “f***ing insane,” and launched into a profanity-laced tirade that reportedly left one of them in tears.

The WNBA later fined the Storm and suspended Keaton from attending the team’s next five home games. The Storm also issued an apology acknowledging that every fan deserved to be treated with respect.

But apparently the woke league learned nothing.

Just weeks later, Kasey Thomason and her 17-year-old daughter, Annie, attended the August 16 Indiana Fever–Atlanta Dream game wearing XX-XY Athletics shirts supporting women’s sports.

During overtime, WNBA security reportedly approached the mother and daughter and ordered them to cover their shirts with Atlanta Dream merchandise or leave the arena.

The Gateway Pundit reported that the back of Annie’s shirt carried the supposedly “offensive” message:

“For the girls.”

Earlier in the game, a fan wearing a pro-transgender shirt was reportedly featured on the Jumbotron. That fan was also later asked to cover the shirt, but only after the message had already been broadcast throughout the arena.

The WNBA was eventually forced to admit that its security personnel were wrong.

“This should not have happened,” the league said.

The Atlanta Dream attempted to distance itself from the disgraceful incident, saying Dream personnel were not involved and that the decision was made by WNBA security. OutKick reported that no lawsuit has been filed, but ADF is demanding clearer policies and proper training for league employees and security personnel.

ADF noted that the messages displayed by the fans were neither vulgar nor disruptive. They were peaceful political viewpoints addressing one of the most important controversies facing women’s athletics.

But because those viewpoints challenged the radical gender ideology embraced by the league, they were treated as forbidden speech.

ADF warned that many WNBA facilities are owned by public entities or were constructed using public funds. Under certain circumstances, courts may consider the actions of private entities operating in publicly connected facilities to be “state action,” potentially subjecting them to the First Amendment.

The organization also warned that targeting fans because of political or religious viewpoints could violate state and local public-accommodation laws. Seattle, for example, prohibits discrimination based on political ideology.

ADF is urging the WNBA to educate its teams, league partners, arena employees, and security personnel about the free-expression rights of fans. The organization also offered to help the league draft policies protecting peaceful expression at WNBA games.

“The WNBA should stand up for women and free expression, not sacrifice them out of fear,” the letter states.

Meanwhile, Engelbert has accused critics of attempting to use the WNBA to “sow divisiveness” and turn the league into a “political football.”

No, Commissioner Engelbert.

The people creating division are the radicals who believe that peacefully stating biological facts is an act of hatred, and the league officials who allow paying fans to be humiliated for refusing to surrender the truth.

Today, ADF attorneys sent a letter to @WNBA commissioner @CathyEngelbert, warning her that the league may expose themselves to legal liability by silencing fans’ viewpoints.

In two different situations, fans at a game in Seattle were bullied by a co-owner of the team for their… pic.twitter.com/jxCTPBwXlC

— Alliance Defending Freedom (@ADFLegal) August 21, 2026

Read the full letter below:

Dear Commissioner Engelbert,

“I am an attorney with Alliance Defending Freedom (ADF), a nonprofit legal organization that fights to protect free speech and defend fairness in women’s sports. On behalf of our team, I wanted to reach out regarding two incidents at WNBA games where fans tried to advocate for fairness in women’s sports.

ADF worries that the WNBA has betrayed its commitment to equality, women, and open dialogue, all because the league has embraced the lie of gender ideology. This may eventually expose the WNBA and its partners to legal liability as well.

ADF calls on the WNBA to embrace common sense and the indisputable truth that men aren’t women, and no amount of drugs can change that. Women deserve equal athletic opportunity.

And WNBA fans deserve the opportunity to express these truths in peaceful ways—just as other fans are allowed to express opposing views at WNBA games. The WNBA should stand up for women and free expression, not sacrifice them out of fear.

Two recent incidents highlight our concern. According to media reports, security personnel approached two fans during the recent Atlanta Dream versus Indiana Fever game and directed them to either cover their clothing or leave the arena. Their clothing depicted branding of XX-XY Athletics, a business devoted to protecting women’s sports.

The WNBA later admitted that “[t]his should not have happened.” And the Atlanta Dream released a similar statement. But the damage was done. A special mother-daughter outing was ruined.

A few days earlier, during a game between the Seattle Storm and the Indiana Fever, a Storm co-owner confronted teenage fans holding signs supporting Sophie Cunningham’s comments about protecting women’s sports. The co-owner berated the fans with profanity and called them insane. This incident left at least one of the teenage girls in tears.

The message these incidents send is clear. Fans who know what it means to be a woman and who support fairness in women’s sports aren’t welcome at WNBA games.

Beyond the unfortunate message sent by these incidents, this concerning trend may also expose the WNBA and its partners to legal liability. While the WNBA and its teams are private entities that are not typically bound by the First Amendment, many of the stadiums where those teams play are owned by public entities and built with public funds.

And courts sometimes consider actions by private entities to be “state action” based on the nature of the private-public relationship. Burton v. Wilmington Parking Auth., 365 U.S. 715, 721–22 (1961). When that happens, the private actors must abide by First Amendment rules and allow speakers to express their views consistent with the nature and purpose of the venue—in this case, a sporting event.

But the fans who expressed their support for fairness in women’s sports were respectfully conveying their views on important questions facing the WNBA.

Their messages were not vulgar, profane, or disruptive. Yet their viewpoint was silenced. When using public facilities and acting in concert with public officials, private entities like the WNBA and its partners cannot censor these views without violating the First Amendment.

Censorship like this could also violate some state and local public accommodations laws. Most states and localities have laws that prevent private entities from denying services to individuals based on protected characteristics, such as race, sex, or religion. And some municipalities like Seattle also ban discrimination based on political ideology.

Taking action against a fan because of their religious or political message about the debate surrounding fairness in women’s sports would risk violating those public accommodations laws.

So what can the WNBA do to protect itself against potential violations? And what can it do to send a strong signal to women and girls that you see them and have their backs?

We’d suggest educating league partners and event staff on the legal principles mentioned above. Additionally, the league can adopt policies that lock in its commitment to allowing peaceful expression of diverse views at games.

There is no reason to exclude fans of one view when your games should be open to all. Surely, the league’s commitment to being open and welcoming should include those who support fairness in women’s sports. We are happy to assist with drafting suggested policies that could apply across the league.”

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