Some legal analysis: https://www.si.com/soccer/2018/08/2...relocation-lawsuit-arguments-psv-precourt-mls
The league shelved the Quakes history so that it could be claimed by a future San Jose based MLS team. That's probably all Columbus can realistically expect to get out of this deal. (Perhaps a promise of a reentry option and a "voucher" of a reentry price too?)
I did read that interpretation of the Modell law and it makes me nervous. The intention of the law is pretty clear but the wording is slippery in that MLS is the actual "Owner" of the team, not PSV. It is clear that the intention of the law was that you should not be able to avoid it by slipping through that level of indirection, but it may depend on how literal the judge is. Or maybe there are precedents that lead to a conclusion that you can't avoid the law by that indirection. We'll see what happens in September.
There is no case law interpreting the Modell Law, Judge Brown's courtroom is in Columbus, all his prior rulings in the case have favored plaintiffs' efforts to Save the Crew, and MLS's shell-game-ownership structure is unlikely to save the day in any courtroom anywhere. But you're right, we'll see what happens with the hearing on MLS' motion to dismiss on September 4.
Right. I know there is no precedents around the specific Modell law. I was just thinking that there may be adjacent rulings where precedent could be strongly argued such as a case of a franchisee trying to avoid a law because they were not strictly the "owners" of the enterprise. I want to believe that that is well established by now.
The plaintiffs have sued everyone in sight, and Precourt and MLS have held him out to the public as the owner. He was tweeting as "owner" the day of the MLS filing asserting otherwise, as I recall, and changed his tune only after the dissonance was noticed. I don't see these clowns avoiding the law on the basis of the mutual finger-pointing among defendants. Frankly, they should be sanctioned for trying. The real issue is whether the Modell Law violates the federal constitution. I don't see an Ohio state court judge ruling that way, but perhaps a group of federal judges will see it differently. If there's one thing we know, there's unanimity among federal judges when it comes to construing the law.
Indeed. A key point. I am not a lawyer and I don't even play one on TV or the Internet. But my read of the Modell law was about moving a team OUT of the City. I don't think it presupposes any condition on it being out of state. For example, wouldn't it apply if they were trying to move it to, say Cincinnati ( to pick another Ohio city at random )? So, it is not saying anything about interstate commerce.
A law can be unconstitutional as written, or as applied. You've observed (correctly in my view) that the Modell Law is not facially unconstitutional because it may apply to intra-state relocations. But it may still be unconstitutional as applied to inter-state relocations. The fact of relocating between states is not in itself determinative, as I understand it. So, the notion that the Modell Law is clearly unconstitutional -- as applied to the Columbus to Austin fact pattern -- is faulty. If I had to guess, Judge Brown will avoid deciding the federal constitutional questions on the motion to dismiss by finding some factual issues that need to be sorted out at trial first. Avoidance means denying the motion.
"Precourt Sports Ventures reveals badge for potential Austin MLS club" (MLSsoccer.com - Wednesday, 8/22/18) GO SAN JOSE EARTHQUAKES!!! -G
I know it’s supposed to be a tree, but this logo looks like an exposed brain with 2 eyes, that is throwing up.
I haven’t followed much. If and when the Crew do move to Austin, what will they do with the first Soccer Specific (Crew) Stadium? Will they enter a team in the USL or will hey just tear it down?
"While we're waiting to find out if grandpa makes it back from his car accident, who's gonna decide how we divvy up his vintage car collection?"
I received an email from Save the Crew which had this suggestion for protesting to MLS. This talks about not renewing Crew tickets, but I voiced my support for Crew fans to the email address below. Choosing not to renew Columbus Crew season tickets? Use your decision as an opportunity to tell MLS why you’re choosing not to renew. Make it clear to the decision-makers that they’re losing your money. You can call MLS headquarters at 212-450-1200 or email mls_faninquiry@mlssoccer.com to make your voice heard.
The thing is, once she said it, now I can't unsee it. Every time I look at that crest, I think of the movie "Mars Attacks!" and the brain-in-a-jar bad guys.