The fanzine Red Issue is taking legal advice with a view to suing Greater Manchester police for damages following last month's confiscation outside Old Trafford of 1,600 copies of the edition that featured a spoof Ku Klux Klan mask with the legends "LFC" and "Suárez is innocent" on it.
The first edition since the fanzines were seized goes on sale tonight ahead of Manchester United's Europa League meeting with Athletic Bilbao, with Red Issue's owners trying to establish how the police's actions affected sales. This is one avenue any legal proceedings may explore.
The police acted ahead of Liverpool's meeting with Manchester United on 11 February, the first time Luis Suárez had faced Patrice Evra following the former's eight-match ban for racially abusing the left-back. Suárez refused to shake Evra's hand ahead of the match, an act for which he subsequently apologised.
Steven Ross, a solicitor with Brecher who has so far acted on a pro bono basis for Red Issue, stated that the publishers intended it to be satirical. "The advice that we received from leading counsel – Andrew Thomas QC of Lincoln House chambers – was that the back page image was plainly anti-racist, and satirical and incapable of falling within the definition of "racial hatred" under section 17 of the Public Order Act 1986 – being the grounds on which GMP apparently seized the magazines in the first place.
"I wrote to GMP asking them to return the magazines and advising them that if the magazines were not returned, Red Issue would consider applying for an injunction to compel their return as well as reserving Red Issue's right to claim damages in respect of any losses it may suffer as a result of the seizure.
"Written confirmation was sought from GMP that they would not take any action to prevent the future sale and distribution of the magazine. GMP agreed to return the magazines – notwithstanding an ongoing criminal investigation – which was not pursued – but refused to give the assurance sought because, amongst other things, GMP were concerned that the article could be used to provoke unlawful violence at the Ajax match – the next game after Liverpool [in the Europa League] due to the fact that Ajax have 'predominantly Jewish supporters'.
"As GMP did not give the assurances required, Red Issue had to go to reprint censoring the article for fear of further arrests and seizures at the Ajax game and in an attempt to mitigate the losses they had suffered by virtue of the seizure on 11 February 2012 and I am now instructed by Red Issue to formulate a claim against GMP for damages suffered by Red Issue."
The police said they were initially alerted to the existence of the KKK edition by the club.
However, Manchester United said that GMP acted independently and were not alerted by the club to the fanzine's existence.
Chief Superintendent Mark Roberts said: "This article, as acknowledged by CPS [Crown Prosecution Service] was certainly capable of causing offence and Manchester United also considered it of concern as they initially alerted GMP to its existence and prevented supporters entering the stadium with the Ku Klux Klan image on display."
Red Issue told the Guardian this morning that they "expect" GMP to monitor the edition when it goes on sale tonight.