You got a ticket to ride?

By Tom Wolfe | Phillips Murrah P.C. | The Journal Record

[ SEPTEMBER 10, 2009 - OKLAHOMA CITY, OK ] - Football is here again and not a minute too soon for most. With the opening kick off comes the anticipation of attending big games in Norman, Stillwater and out of state, including—with a little luck—a visit to Pasadena for the National Championship game at the Rose Bowl. Though BYU might have changed OU's plans, OSU fans would certainly love a winter trip to California.

Unfortunately for those who don't have season passes, the demand for tickets, especially for big games, often exceeds the supply. But don't fear; even if your favorite school is sold out, you can peruse classified ads or, more likely, Internet sites like Stubhub.com. There you will find all the tickets you can possibly want, from the 50-yard line to behind the scoreboard in the end zone. What's that, you say? The tickets are really expensive—much more than face value?

Welcome to the world of ticket scalping (now get ready to pay).

Selling something for more than you paid is, well, just plain American. Yet, as it turns out, when that something is a certain ticket, it may be just plain illegal. Scalping is the resale of entertainment and sporting event tickets for more than face value; it's a form of arbitrage that arises when demand exceeds the supply of the original, authorized seller(s).

Ticket scalping laws are complex and vary significantly among states. Some have no scalping laws, while others make it a crime punishable by fine—or even jail. Between extremes are states that restrict scalping to certain areas or make it illegal only in public. So, with OU vs. Texas and OU vs. OSU games on the horizon, what's the law in Oklahoma?

There is no state law on the subject, because Oklahoma's Constitution allows cities to enact their own scalping ordinances. In Oklahoma City, scalping is defined as charging more that 50-cents above a ticket's face value. It's considered a misdemeanor, and violators face a $750 fine.

Though Tulsa has nothing on the books today, it is considering an ordinance similar to Oklahoma City's, prompted by the increasingly popular acts now performing at the newly-constructed BOK Center. The City of Norman has no scalping ordinances, while Stillwater's requires only that it cannot interfere with the sale of tickets through the arena or venue. Planning to score onsite tickets to OU vs. Texas? Sorry—Dallas prohibits scalping in much the same manner as Oklahoma City.

Note that these ordinances prohibit the selling—but not the buying—of scalped tickets. Though I could find no cases or articles that address the issue of buying, it's not hard to conceive of an 'accessory to the crime' theory that might land the desperate buyer in hot water (should the district attorney be so inclined). Here's another reason to steer clear of scalpers: Counterfeit tickets—especially through Internet sales—have become big business and left throngs of fans disappointed and a whole lot poorer.

In the 60s, when scalping tickets to Beatles concerts became nearly as popular as the group itself, the rockers mused, "She's got a ticket to ride…But she don't care." Maybe she didn't care because she got a good price from her scalper.