City, state answer in Crew SC memo

The City of Columbus and State of Ohio pointed out Wednesday in a court filing that no organization is required to accept taxpayer dollars.

But if it does, City Attorney Zach Klein and Ohio Attorney General Mike DeWine argued, there are consequences.

The argument served as a key point in a 32- page memo in opposition to a motion filed by Precourt Sports Ventures and Major League Soccer asking the court to dismiss a lawsuit filed by DeWine and Klein in March. The lawsuit stems from Precourt Sports Ventures exploring moving Crew SC to Austin, Texas, next season.

Citing Ohio Revised Code Section 9.67, known as the Art Modell Law, the plaintiffs laid out the public benefit received by the Crew during its time at Mapfre Stadium, including a property tax exemption, infrastructure improvements and parking lot improvements.

The Modell Law, enacted in 1996 after then- Cleveland Browns owner Art Modell moved the NFL team to Baltimore, states that a team receiving public assistance must either receive permission or else provide six months’ notice and locals the opportunity to purchase the team before moving.

“By choosing to accept this benefits, defendants bound themselves to the terms of the statute,” the memo read.

In their motion to dismiss two weeks ago, Precourt Sports Ventures and MLS pointed out several reasons why they believe the suit should be thrown out, arguing that the Modell Law is in violation of the Privileges and Immunities Clause and dormant Commerce Clause of the United States Constitution and the Contracts Clause of both the Ohio and U. S. Constitutions.

They also indicated the law should be void for vagueness and that MLS, not Precourt Sports Ventures, owns the team, meaning the law does not apply in this case.

DeWine and Klein on Wednesday called that approach a “not it” stance and attempted to broaden the scope of the suit to Precourt Sports Ventures and MLS in mentioning that the Modell Law applies to owners whose teams have been given public dollars as opposed to the owner directly receiving taxpayer support.

On several occasions, the city and state mentioned that triggering the Modell Law is not an attempt to violate the Constitution but instead one meant to protect an asset.

Counsel for Precourt Sports Ventures and MLS could not be reached. The parties are scheduled to meet Thursday afternoon for a status conference.