MONDAY RECAP: COMMUNITY UPDATE
Fellow Columbus Crew SC fans: Welcome to the next edition of our Monday Recap. This past week has been filled with news regarding the ongoing lawsuit involving the possible relocation of the Columbus Crew. Last weeks recap I discussed the upcoming motion to dismiss, this week, we will see exactly why PSV and the MLS believe the law to be unconstitutional.
1.) After a month of waiting, PSV/MLS finally respond (formally) to the lawsuit set forth by DeWine and the City of Columbus. The response was somewhat extensive and filled with legal language, however, PSV/MLS main arguments to move to dismiss are as follows:
A.) The Modell Law is unconstitutional: They argue that the Columbus Crew, as in entity, is not a tangible good, but rather intangible. Yes, there is the stadium, equipment, and everything else that the Crew ‘own’, but, MLS/PSV label Crew SC as an asset. The lack of language or structure of the Modell Law has PSV/MLS worried that judicial oversight could occur, forcing them to sell something against their will. Another argument that they offer, is the ORC 9.67 violates dormant commerce clause. The motion states that the clause prevents states from making laws that prevent, or go against interstate commerce. PSV/MLS state that the law essentially favors the interest of Ohioans over the interests of those in another state (Texas).
B.) The Modell Law doesn’t apply to this situation : Simply stated, the motion outlined that Precourt Sports Ventures are simply an ‘investor’ in the team, and that it is the MLS that officially owns the Crew. Because of this, the motion states that since the MLS is not currently receiving any financial assistance from the state of Ohio, then ORC 9.67 should not apply at all. Overall, PSV/MLS are using the overarching ‘vagueness’ of the code to get their arguments across (or fill any gaps between their arguments). They believe that the lack of structure of the code leaves too much room for interpretation for a judge (1).
2.) City of Columbus Memo is response to PSV/MLS motion to stay discovery: The city dismissed PSV/MLS arguments as to why the discovery period should be nixed. City attorney Zach Klein stated that discovery is key to determining who is the actually owner of the Crew (PSV or MLS) and the exact agreement the MLS has with each franchises owner operator. The issues in the motions filed by both parties should be addressed by May 3rd.(2).
1.)2-2 Draw: Another week, another game with 15+ shots. This time, a couple of them found the back of the net. Gyasi Zardes found the back of the net again, after a few games of shooting blanks. Hopefully, this point will propel the team in a more positive direction. With Gaston Sauro and Mike Grella close to returning from injury, the Columbus Crew look to almost be at full strength. Next week, we face San Jose at home, the players need all the support that Columbus can give.
Glory to Columbus.
(1) Johnson, Collin Power ranking precourt & MLS arguments, 4/20/18
(2) Johnson, Collin City of Columbus Responds to PSV’s motion to stay discovery, 4/23/18