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Palmer goes in on the Bengals


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3 hours ago, BENGALS666 said:

Palmer is a cockstalker and I hated him lots when that shit went down, but he's right. This team puts economics way above winning. If there was a Super Bowl for being frugal and flying the finger to the fans then this team would have some rings.

I used to fucking love this sport. The grind of the 90's Bengals wore me down but I stuck it out. Now it's 2019. 0-8. It's never going to happen. Never.

Not even close. Brown would be doing all of us a favor by relocating.

word 

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3 hours ago, sparky151 said:

Team's not going anywhere. That would open up a chance for the city or other local richies to force a sale under the Modell law. 

Huh.... being an Ohio ex-pat (defend the rock!) I was unaware of a Modell Law.  Fortunately, the Google Fu of the Amish is widely reknown:

 

Linky: http://codes.ohio.gov/orc/gp9.67v1

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9.67 Restrictions on owner of professional sports team that uses a tax-supported facility.
No owner of a professional sports team that uses a tax-supported facility for most of its home games and receives financial assistance from the state or a political subdivision thereof shall cease playing most of its home games at the facility and begin playing most of its home games elsewhere unless the owner either:

(A) Enters into an agreement with the political subdivision permitting the team to play most of its home games elsewhere;

(B) Gives the political subdivision in which the facility is located not less than six months' advance notice of the owner's intention to cease playing most of its home games at the facility and, during the six months after such notice, gives the political subdivision or any individual or group of individuals who reside in the area the opportunity to purchase the team.

A take on the above.... linky: https://www.natlawreview.com/article/ohio-art-modell-law-save-columbus-crew

 

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(May 20, 2018)

 

Major League Baseball, Major League Soccer, the National Basketball Association, the National Football League, and the National Hockey League each hold a monopoly in the United States on the allocation of top-level professional franchises in their respective sports.  As long as these monopolies exist, state and local governments will afford the leagues financial assistance to claim one of the artificially limited number of franchises, regardless of whether tax-exempt bonds can be used to finance the stadiums in which the franchises play.

 

Is there anything state and local governments can do to ensure that one of these franchises, after having received public benefits and financial assistance, will not relocate?  Read on.

 

Ohio enacted the “Art Modell Law” after Mr. Modell moved his Cleveland Browns to Baltimore in 1996.  Under this law, a professional sports team that plays most of its home games in a tax-supported stadium and that receives financial assistance from Ohio or a political subdivision of Ohio cannot move to a new location without either: (1) entering into an agreement with the political subdivision in which the tax-supported stadium is located that permits the franchise to move to a new location; or (2) giving the political subdivision in which the tax-supported stadium is located not less the six months’ advance notice of the intention to vacate the stadium and, during the six months after this notice, granting the political subdivision or individuals who reside in the area the opportunity to purchase the team.

 

The Art Modell Law is now being challenged by the owner of the Columbus Crew, a Major League Soccer franchise, who wants to move the team to Austin, Texas.  On March 5, 2018, Mike DeWine, the current Ohio Attorney General and Republican nominee for Ohio Governor, filed a suit in the Franklin County Court of Common Pleas asserting that the Art Modell Law precludes the relocation of the Crew from Columbus to Austin.  On May 8, the Court imposed a 90-day stay of this suit, during which time the Court will oversee bona fide offers to purchase the Crew and keep the team in Columbus.  The owner of the Crew appealed the Court’s order on May 16.

 

This case is obviously far from its conclusion, but if the Art Modell Law is ultimately sustained, other states might enact what is presently a unique law in order to blunt the monopoly power that professional sports leagues wield.

 

And since you read all of that, here's something juicy to sink your teeth into:

Chicken Girl.jpg

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10 hours ago, AmishBengalFan said:

Huh.... being an Ohio ex-pat (defend the rock!) I was unaware of a Modell Law.  Fortunately, the Google Fu of the Amish is widely reknown:

 

Linky: http://codes.ohio.gov/orc/gp9.67v1

A take on the above.... linky: https://www.natlawreview.com/article/ohio-art-modell-law-save-columbus-crew

 

 

And since you read all of that, here's something juicy to sink your teeth into:

Chicken Girl.jpg

 

Technically, the Modell law hasn't been through the full judicial review process so an attempt to use it will be met with lawsuits. But MLS uses the same law firm as the NFL (and MLB, the NHL, and NBA). When the MLS lawyers tried to make an interlocutory appeal of the judge's ruling, they got laughed out of the court of appeals. So the city or state can have confidence the law will prove useful in blocking a move.

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22 hours ago, sparky151 said:

 

Technically, the Modell law hasn't been through the full judicial review process so an attempt to use it will be met with lawsuits. But MLS uses the same law firm as the NFL (and MLB, the NHL, and NBA). When the MLS lawyers tried to make an interlocutory appeal of the judge's ruling, they got laughed out of the court of appeals. So the city or state can have confidence the law will prove useful in blocking a move.

This is true. And the Franklin County court which made the first ruling in favor of the Crew, said just that. However they curiously neglected to make the key element of the Modell Law--movements of franchises that have public funding as an part of their stadia--the centerpiece of their decision. The MLS appeal contained nothing of substance for challenge, so it was an easy rejection by the 10th. 

 

To my knowledge, I believe that since Precourt just dropped the issue and left the Crew here, that the appeals process has also been dropped (no Supreme Court follow up). As such, the standard of the law has not been fully adjudicated, as you state. Accordingly, one would think that movement of the Bengals--with the publicly funded stadium--would be at least a partial violation of the Modell Law and subject to challenge.

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22 minutes ago, Le Tigre said:

This is true. And the Franklin County court which made the first ruling in favor of the Crew, said just that. However they curiously neglected to make the key element of the Modell Law--movements of franchises that have public funding as an part of their stadia--the centerpiece of their decision. The MLS appeal contained nothing of substance for challenge, so it was an easy rejection by the 10th. 

 

To my knowledge, I believe that since Precourt just dropped the issue and left the Crew here, that the appeals process has also been dropped (no Supreme Court follow up). As such, the standard of the law has not been fully adjudicated, as you state. Accordingly, one would think that movement of the Bengals--with the publicly funded stadium--would be at least a partial violation of the Modell Law and subject to challenge.

Would it run afoul of Ex Post Facto?  Was that law enacted after the Bengals and city agreed to the stadium arraignment?

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No, the Bengals could have given back the benefits they'd received when the Modell law was passed. They chose not to.

 

In the soccer case, the main arguments against it were Dormant Commerce Clause arguments that it interfered with interstate commerce to benefit locals over out of staters. Or that the team was intangible and city could only seize real estate. Both arguments were denied by the trial judge but the case was settled before discovery could commence. MLS is a single entity with a lot of skeletons in the closet and they didn't want discovery. That's why they tried the Hail Mary appeal. 

 

Basically the Modell law stands for the proposition that under Ohio law, cities or counties can seize publicly subsidized sports teams rather than let them move. Of course, fair compensation must be paid to comply with the US Constitution's 5th amendment.

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