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Ticket Scalping: Free Market Mirage

NCJ Number
135602
Journal
American Journal of Criminal Law Volume: 19 Issue: 1 Dated: (Fall 1991) Pages: 57-69
Author(s)
S Rabe
Date Published
1991
Length
13 pages
Annotation
Problems associated with ticket scalping ranging from minor disturbances to extortion and fraud. Ticket scalping legislation is needed to protect the public from extortion and control of the market by scalpers.
Abstract
It is impossible to accurately depict the full scope of the ticket scalping business because of the breadth and nature of the activity. Ticket scalping not only emerges in the sports and entertainment industries, but in other areas as well. While information about the total volume of ticket scalping may be difficult to obtain, details of the problems attributed to the phenomenon are not. Professional scalpers include street and storefront operators. Street scalpers stand outside events and hawk their tickets to people who arrive without them. Problems associated with street scalping include traffic congestion, drug dealing, fraudulent sales of bogus tickets, and misrepresentation of seat location. Storefront scalpers operate an office, and patrons either visit or call the office to purchase tickets. Both types of scalpers often hire students or unemployed persons to stand in line until the box office opens to get the best seats available; these people are generally referred to as "diggers." Thirty-one States have some form of ticket scalping regulation, and many city ordinances regulate ticket scalping on public property. The stated purpose of State regulations is to ensure public access to entertainment and sports events and protect public welfare. Although scalpers complain that such regulation interferes with the supply and demand of the free market, courts have overwhelmingly upheld antiscalping legislation since 1964. Regulation is essential to protect the public from unethical and domineering practices of ticket scalpers. 107 footnotes