Oct. 31 Is Here
Had a couple of interesting conversations today for a story I did for Wednesday’s paper about the Oct. 31 deadline. Tom Carr, the Seattle City Attorney, had some interesting things to say regarding the matter. You can read all about it right here. But here are a few quotes from Carr.
“It doesn’t mean anything to us,” Carr said about the deadline. “That’s their thing not ours. We intend to hold them to their lease. They’re going to be in Seattle until at least September of 2010 if we can (win in) court. The deadline was one imposed by Mr. Bennett. We’ve tried to talk to him in good faith and he’s refused to return out phone calls.
We have offered to negotiate with Mr. Bennett, but he isn’t interested. He actually blew off my mayor, who offered him $100 million, which is beyond insulting.”
When asked if anythiing could bring an early end to the litigation process Carr had this to say… “Mr. Bennett coming to his senses would help. But he’s determined to move that team.”
I also spoke with OKC Mayor Mick Cornett. He is trying his best to stay out of it. And doing a great job I might add. He won’t even mention the Sonics by name. He said OKC has no role in determining the future of the Sonics, even though the owners are expected to apply with the NBA any day now to relocate here. Here are some of his statements… “I don’t necessarily know, not having been through that process before, about what would be appropriate and what would not be. Once the league tells me that a team has filed for relocation, I think I would ask them, ‘What are the appropriate steps now for a city to take with regard to that ownership group?”
And lastly, Dan Mahoney, a spokesman for the Sonics ownership group released a statement Tuesday about the Oct. 31 deadline. It reads….”Mr. Bennett and the ownership group want the focus to be on Sonics basketball and the opening of the regular season. On Nov. 2nd, he will have further comment on the organization’s next steps.”
I don’t have a clue what those next steps are. But I wouldn’t be surprised if he soon announced his intentions to file for relocation. Especially when I connect the dots back to this statement, sent out Monday by the team’s attorneys…”The Sonics owners are confident that they can perform their financial obligations under the current lease and that the city of Seattle is not entitled to specific performance.”
I think Seattle has the upperhand right now, based off the order sent out by the Washington judge Monday. But this thing could play out so many different ways. I also think the city of Seattle will take a buyout and are going through the motions to save face from a PR standpoint. The current officials don’t want to be remembered as the politicians who lost the NBA. The issue continues…
I’m headed to Seattle Wednesday morning to cover the team’s home opener on Thursday. I’m planning to hit a number of places in and around the area and write stories, blogs and record video on what I see and hear.
-DM-
Decision Announced in Sonics Case
I knew it would happen. I knew…it…would…happen. Welcome to my world. As soon as I hit the button to publish my last post about how they were going to announce it late in the afternoon/early evening, I got a call informing me that a decision had been made. The call came at 5:41 p.m. It’s now 10 p.m. Maybe I can leave the OSU pressroom now.
Anyway, Judge Martinez made his ruling. You can read about it here. The case is staying in court. Attorneys for the Sonics still have hope that they can lose the battle but win the war.
“The Sonics ownership group is pleased that there has been a prompt decision,” a statement read. “It’s important to note that the decision addresses the forum in which the dispute will be decided, not the merits of the case. The Sonics owners are confident that they can perform their financial obligations under the lease and that the city is not entitled to specific performance.”
Confident or not, after reading the judge’s order, I don’t think the Sonics are coming — until 2010. If you read Judge Ricardo Martinez’s order, found here, he sounds like he whole-heartedly feels that the Sonics should have to honor the commitment they made by staying and playing in KeyArena until 2010, in other words enforcing specific performance. He seems to me to be a stickler. That’s not good news for the Sonics owners, whose attorneys must be sweating bullets right now.
I expect this case to be drawn out for as long as the city can stretch it. Here’s an idea for Clay & Co. if they really wanted to move the team next season. Apply for relocation in November. Allow the litigation to proceed for a few weeks, maybe months to allow the city to save face and act like they fought as hard as they could. Then make the city an offer it can’t refuse. Open up your checkbooks, break out the pens and begin writing. Don’t even negotiate. Start high and when you think that’s high enough increase it by about $20 million. That should do it.
And here’s an idea for the city if it wants to keep the Sonics…..Build them an arena. (Although I fully understand why their officials are opposed to it.)
-DM-
Still waiting…and waiting!
I expected a decision on the litigation vs. arbitration issue to be announced today. Everyone I’ve spoken with about it said the announcement could be made today, and if not then definitely on Tuesday. So we wait.
It’s agonizing waiting for this Washington judge to announce his ruling. What makes it worse is that he’s two hours behind Oklahoma time, which means it could be announced at 6 O’clock any day, just when I think I’m calling it a night. Something tells me that will be how this all plays out, which would tack on three more hours to a long day.
I just can’t wait for it all to be over. Someone on our staff asked this morning, ‘How long could this all drag out?’ A quick-thinking co-worker of mine immediately responded, “2010.” That’s the cold, cold truth of the matter. It’s not much fun “covering” a team that plays 1955.7 miles away. That’s right, I looked it up. That’s how far it is from the Ford Center to KeyArena.
Now that I’m done complaining. The good news is the NBA season begins in about 24 hours. The doubleheader of TNT on Tuesday night starts with Portland at San Antonio followed by Houston at Lakers. The second game should be a great game with Kobe v. T-Mac and all. I’m excited.
I’m headed to Seattle on Wednesday to (really) cover the Sonics’ home opener against the Suns. Expect the game to be a distant 10th on the list of things you might read about. The arena issue is the story. As for the game, there’s a good chance Durant will not play. Also a good story about Kevin Durant in the Seattle Times. Apparently he likes to open his home to little kids. But not in a Michael Jackson kind of way.
-DM-
Stern on Sonics Situation
Here is a transcript of NBA Commissioner David Stern’s response to questions about the Sonics’ arena situation in Seattle, heard Thursday afternoon by reporters on a national conference call. You can also listen to this audio as well as Stern’s thoughts on the Hornets’ return to New Orleans here.
“I think every situation is individualized to the fact. From a league perspective, I think it’s fair to say that there was a very sort of proactive anti-Seattle Sonic movement, which its two featured premises were, one, legislation by the city council which was openly voted upon and passed overwhelmingly by the people of Seattle saying that any advance in funds with respect to projects had to bear the same rate of return as a treasury bond, which would make that kind of unique in the annals of American Arena building.
“The second point, and I was out there and I did testify and I did meet with the state legislators, the second point was, as I understand it, was a request for there to be an extension of the tax, which currently is used to fund the baseball and football stadiums. The speaker out there said that it would get out of the committee over his strenuous objections, shall we say. So there was no heart whatsoever for assisting the Sonics team.
Into that, and I’ve been out there twice on the subject, there didn’t even seem to be a critical path to be followed. We were in consultation with the team that hired a whole new set of lobbyists and PR consultants and arena consultants that did everything right. We’d love to have found the path that would see them staying. But right now, it just seems that either they’ll be there for the duration of their lease or they won’t depending on the outcome of these litigations or some divine inspiration that someone has with respect to a new arena and a suitable funding for it. And that’s just the way I think the owners look at it, and that’s the way I feel about it.
If there were a role for me, the answer is absolutely, yes. But as we watch for an opening for an intelligent path, in Sacramento the team is a fixture. Everyone has expressed that they want them to stay. The statements of support on an ongoing basis from the city and the governor have been very good. It’s a completely different situation. I just don’t want to offend people by parachuting in and saying ok this is the way it should be. I tried that and my track record is not very good in Seattle or in
Olympia, and I don’t know that I really add anything to the situation.”
- Darnell Mayberry
Regular Season Countdown
The season begins Tuesday with a nationally televised double header on TNT, Portland vs. San Antonio and Lakers vs. Rockets. The Sonics open the season in Denver on Wednesday and play their home opener against the Suns next Thursday. Even though we’re in the middle of the World Series, a terrific NFL season and a wacky college football season, I’m ready for the NBA season.
I’ll be in Seattle covering the Sonics’ home opener next week, reporting on all things basketball in the Northwest from Kevin Durant’s bum ankle to the state of the franchise as it prepares for what could be its final season in Seattle. Clay Bennett is supposed to be in attendance, so we should get some answers to when he plans on filing for relocation to Oklahoma City.
Speaking of answers, a decision in the court case between the Sonics and the city of Seattle could come later today or some time on Friday. A Washington judge will be deciding whether or not the case must stay in court or can be transferred to a panel of arbitrators. That’s only the beginning, though. The legalities still will have to play out no matter which forum handles the dispute.
NBA Commissioner David Stern has a conference call this afternoon. I’ll be on it, and I’m sure I or someone else will ask about the state of the Sonics. I’m not expecting much more from him than what he said about a 1 1/2 weeks ago when he said it was “all bad.” But we’ll see. You never know.
Also, this morning Berry Tramel, Sports Editor Mike Sherman and I recorded our first NBA podcast of the season, talking about everything from the Sonics to the Hornets to our expectations for Oklahoma’s former college and high school stars this year in the NBA. Be sure to check out that podcast every week. We’ll record every Tuesday during the season. For more NBA coverage, check out Sunday and Monday’s papers. I’ll be doing a few stories for Sunday and an NBA package as our Monday Main Event. I’m also going to regularly post news, views and updates on this blog throughout the season.
- Darnell Mayberry
No Decision Made
The judge in the Sonics’ case is expected to make a decision within the next week or so. Stay tuned.
- Darnell Mayberry
Quick Sonics Update
A hearing in the Sonics’ case was scheduled to begin about two hours ago. No news yet on what came out of that hearing. Something tells me that it won’t be much. I don’t expect the judge to make a ruling today on the arbitration vs. litigation dispute. I do think we’ll hear something next week, though. We’ll see.
According to a report in the Seattle Post-Intelligencer, the American Arbitration Association declined to hear the Sonics’ case in Denver if the federal court judge does rule that the dispute is arbitrable. The Sonics think they could get a better shake if the case wasn’t in Washington. Can’t blame them for that. Expect for the part in the use agreement that specifically says disputes must be resolved in King County.
As for the actual basketball team, the Sonics take on the drama-filled Lakers this evening in Bakersfield, Calif., home of Sonics center Robert Swift. He likes tattoos. Also a good story on him in the Bakersfield paper. Kobe Bryant is expected to play tonight. He is also expected by some to be traded any day now. Should be an entertaining game for the preseason. It’s on TNT at 9 p.m., which means Charles Barkley and the gang is back. Basketball season is almost here.
- Darnell Mayberry
Another Development in Sonics Case
A Thursday hearing has been scheduled for the court case between the Sonics and the city of
Seattle. The hearing is scheduled for oral arguments at 1:30 p.m. Seattle time and will be heard by Judge Ricardo Martinez, a U.S. District Court Judge for the Western District of Washington. It will mark the first court appearance by each party’s representatives since the city of Seattle filed its lawsuit against the team on Sept. 24.
The case’s initial hearing was scheduled to take place last Wednesday before Judge Harry McCarthy in King County Superior Court. But attorneys for the Sonics last Tuesday filed a motion to move the case to federal court.
Martinez called Thursday’s hearing to begin determining whether the case will remain in court or should be allowed to be settled by a panel of arbitrators. It’s unclear how Martinez will act Thursday. He could make an immediate ruling on the matter, or he could notify both parties that a decision will come at a later date. Meanwhile, the city of
Seattle last week filed a demand for a jury trial, continuing a string of counter moves by both sides.
In other news, our old friend Rasual Butler had more than $268,000 worth of jewelry stolen from his luggage after the Hornets played here last week. The jewelry was being transported back to New Orleans by Butler’s assistant. It came up missing somewhere between OKC, Houston and New Orleans.
My first question is, why do you have $268,000 worth of jewelry? My second question is, if you have $268,000 in jewelry, why are you letting it out of your sight? Question No. 3 is, does this assistant get fired now? I’m sure if I made a $268,000 mistake on my job I wouldn’t be allowed to grab by coat on the way out.
Also, Kevin Durant’s superstar status is in launch mode. He apparently has a commercial on the horizon. Let’s just hope it’s half as good as his EA Sports commercial with Gilbert Arenas.
Getting back to the Hornets. They played their first preseason game in New Orleans on Monday night. Hornets lost 117-104 to the Pacers. The announced crowd was 7,736. But judging by these pictures and this video, there didn’t look to be half that. Here’s hoping the rest of the season doesn’t have similar results.
One last thing, John Lambardo of the SportsBusiness Journal did a nice piece on the Hornets’ return to New Orleans. He told personal stories of several Hornets employees. Worth checking out.
- Darnell Mayberry
Sonics Case Moved to Federal Court.
The case between the city of Seattle and the Sonics was moved to Federal Court late Tuesday afternoon. The move is not unexpected, but the timing is. It appeared as though the arbitration vs. litigation decision would be handled in Washington state’s King County Superior Court first, and if the Sonics failed to win their desired arbitration ruling they would then try to get the case handled in Federal Court. Or, the Sonics would have applied for a move to Federal Court from the start and not bothered going through the filings of the past few weeks in State Court with the change of judge and motions to stay etc.
A hearing was scheduled to take place today (Wednesday the 10th) with King County Superior Court Judge Harry McCarthy presiding over the case. As of late Tuesday afternoon Oklahoma time he had yet to decide if and/or how he was going to handle the case. Late Tuesday afternoon Seattle time, the case had been signed off to move to Federal Court.
Again, the move to Federal Court is expected, and it might be a small victory for the Sonics. Since the Sonics ownership group is from Oklahoma and the Sonics play in Washington, the Sonics had the right to move the case to Federal Court on ”diversity jurisdiction” grounds.
Law experts say that out-of-state parties often believe they can receive a more impartial judge and jury in Federal Court than in State Court. State Court judges are elected by the local population and possibly could be influenced by those voters. Federal Court judges are appointed by the president and are granted life tenure. They’re believed to be less influenced by the local population and the media.
I’m also hearing that this case likely will be drawn out until at least the New Year, so don’t expect to have any groundbreaking developments any time soon. Sounds like we’re in for a long ride.
In other news, Seattle City Councilman Richard McIver has been arrested on charges of domestic violence. McIver, remember, is the councilman who initiated the ordinance that was passed in mid-September that theoretically prohibits the Sonics from an early exit of their KeyArena contract agreement.
- Darnell Mayberry
