Well, the fan that didn't buy the ticket isn't the one actually going to trial-- that's the role of consumer activist Coleman Herman (Socialist - Dorchester). Herman comes across with the typical price gouging argument-- by golly, $500 is just too much for a baseball game! What's worse is the following quote from Herman himself: "It allows me to go to trial and do discovery to find out where Admit One gets its tickets." Nothing like using the system to reach your goals. I think we can file this one under "not a wealth producing activity."
The whole issue stems from a law that has been on the books but is just now starting to be enforced. The letter of the law reads that no one can resell a ticket for more than $2 above face value, plus service charges.
The most frustrating part is the judge's take on the matter:
"The plaintiff had a protected right to purchase a ticket at a price established by law that balances the economic interests of the defendant and the consumer's interests in the event to which the ticket would admit. The plaintiff made an effort to secure a ticket reflective of this balance and was denied the opportunity"If we are truly balancing the defendant and the plaintiff-- or the buyer and the seller-- then why can't we let them determine a price for the ticket independent of regulation? Wouldn't that balance the economic interests of both parties? The mere fact that the would-be buyer observed the price and decided not to buy the ticket proves that he had exactly the opportunity to secure a balance between his desires to see the game and his opportunity cost for $500.
In theory, a supply and demand curve intersect to create a market clearing price. But there's a whole section of a demand curve below the equilibrium point-- these are people who don't want to trade. Why do we need laws to serve them? It was their choice not to consume. In the same example, there's a whole section of a supply curve that doesn't get to trade either-- the prices they desire are simply too high. Don't they then deserve the right to sue the people that didn't buy their tickets? Something tells me that we're not going to see lawsuits on their behalf since consumers won't buy their goods that are priced too high.
Fortunately, if you find yourself in a state that does things like this, there's an easy way to get around it. Bundling your sought-after ticket with another good for one market-determined price is usually good enough to keep you away from the law. So the next time you want to sell your baseball tickets, bundle them with a baseball, and let everyone become better off with the trade.




