He loaned his Tom Brady-signed flag to Patriots Hall of Fame. Now he’s suing museum

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The New England Patriots Hall of Fame is accused of permanently damaging a “priceless” flag signed by Tom Brady after it was loaned to the museum by its owner, according to a federal lawsuit.

Daniel Vitale’s lawsuit says the “degradation and damage” of the American flag flown at Foxboro Stadium on Dec. 22, 2001 — when the Patriots played against the Miami Dolphins — has potentially devalued it by more than $1 million.

While under the care of the Patriots Hall of Fame, the star NFL quarterback’s signature “faded significantly” after it was previously in “pristine condition,” according to a complaint filed Oct. 5 in federal court.

Vitale’s complaint argues the flag was not properly displayed, and he is suing the hall of fame on four counts, including the museum’s alleged “negligent misrepresentation” of its ability to protect the Patriots memorabilia, according to the lawsuit.

Stacey James, the Patriots’ vice president of media relations, declined a request for comment from McClatchy News over the phone on Oct. 6.

“It is unfortunate that the Patriots Hall of Fame forced Mr. Vitale to file a lawsuit despite our repeated efforts to address their clear liability privately and out of court,” Michael Lambert, Vitale’s attorney, told McClatchy News in a statement.

Brady, who plays quarterback for the Tampa Bay Buccaneers, previously played for the Patriots for 20 years.

The case

After Vitale bought the flag autographed by Brady in 2020 for an amount not specified in the complaint, he contacted the NFL Hall of Fame asking if they had interest in displaying it in 2021, according to the complaint.

Embroidered on the flag are New England Patriots vs. Miami Dolphins helmets and the date of the 2001 game in blue lettering, the complaint says. It also states “3rd Quarter - Final Season,” referencing the team’s last season at Foxboro Stadium.

This provided photo shows Vitale’s flag autographed by Tom Brady before the signature faded.
This provided photo shows Vitale’s flag autographed by Tom Brady before the signature faded.

At the time, the NFL Hall of Fame told Vitale that they did not have room for the flag but wanted to display it when Tom Brady and Bill Belichick, the Patriots’ head coach, retired, the complaint states. They suggested contacting the Patriots Hall of Fame for displaying it in the meantime.

In May 2021, Patriots Hall of Fame museum curator Kurt Evans told Vitale that the museum would like to display the flag on a loan in a premier case and assured it would be “curated to the highest standard,” according to the complaint. Evans also assured the museum “would do whatever was needed to preserve it.”

One month later, Vitale traveled to the museum and loaned his flag after signing an agreement in June 2021, according to the lawsuit. After Evans emailed Vitale photos of the flag on display, Vitale responded saying it was “perfect” for the display case.

“Unfortunately, ... the case was far from perfect for the Flag,” the complaint states. “As Mr. Vitale would later learn, neither the lighting at (the museum) nor the glass (the museum) used for the case displaying the Flag were designed to protect autographed sports memorabilia.”

The complaint argues Brady’s signature on the flag faded because “there was a significant gap in the glass directly in front of the Flag through which unfiltered light and heat could pass.”

This provided photo shows Vitale’s flag, with Tom Brady’s signature faded.
This provided photo shows Vitale’s flag, with Tom Brady’s signature faded.

Vitale discovers the flag is no longer on display

On Nov. 6, 2021, Vitale emailed Evans asking if he could stop by and see the flag but received no response, according to the lawsuit. As a result, he and his fiancee arrived at the museum and noticed the flag was no longer on display.

A museum attendant told Vitale that the flag was “safe in the ‘archives’ and that Mr. Evans would have reached out if there were any issues,” according to the complaint.

During his visit at the museum, Vitale saw “a heavily faded George Bush autograph in a case and commented on the fading,” according to the complaint. In response, a museum attendant responded “I know, I’ve been telling them for years that they need to switch out the lighting and glass. It is not the right stuff for this type of display.”

In late January, Vitale contacted Evans again, asking if the flag was back on display, the lawsuit says.

“Given that prices of Tom Brady memorabilia had skyrocketed due to the potential for Brady’s retirement, Mr. Vitale was considering bringing the Flag to auction,” the complaint states.

A day later, Evans told Vitale that Brady’s autograph on the flag experienced “slight fading” when it was displayed from late June 2021 until late August 2021, according to the complaint.

Evans said the fading “was not at all due to lighting or the glass since they both are museum-quality and protective. Simply exposing it to air seems to have caused this blue sharpie to fade,” the complaint says.

Now the damage to the flag is “irreparable,” according to Vitale’s lawsuit.

The lawsuit demands a trial by jury and seeks an unspecified amount of damages.

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