Latest news with #OhioRevisedCode9.67
Yahoo
2 days ago
- Business
- Yahoo
Browns' Stadium Move Hinges on Change to Murky Modell Law
The Ohio legislature is contemplating changes to Ohio Revised Code 9.67, better known as the Art Modell Law, which would facilitate the Cleveland Browns moving to a new stadium located less than a mile from Cleveland's city line. As Sportico has detailed, the Browns and the city of Cleveland have sued each other in different courts over whether and how the Modell Law applies to a proposed stadium project in Brook Park, Ohio, a fellow city in Cuyahoga County. This law blocks Ohio-based pro teams that use a 'tax-supported facility for most of its home games' and that 'receive financial assistance' from playing home games 'elsewhere' unless they satisfy assorted requirements such as offering the team for sale to the government or local buyers. Advertisement More from A key part of the legal dispute is how to interpret the word 'elsewhere,' which is not defined. It could mean a move to, literally, anywhere else—even down the street. Or it could mean a move to a different state. The latter is arguably what politicians and then-Ohio Gov. George Voinovich intended in the mid 1990s. The Modell Law was enacted as a response to the original Browns moving to Maryland in 1995 and becoming the Baltimore Ravens. As reported by lawmakers in Ohio are considering a new budget that would clarify the Modell Law applies only to proposed moves out of Ohio. Another change would indicate that the expiration of the Browns' lease to play in the publicly owned Huntington Bank Field (HBF) in 2028 would count as satisfying the Modell Law. For the changes to go into effect, Gov. Mike DeWine would need to sign them into law. The Browns have repeatedly assured they will fulfill all the terms of the HBF lease and then want to play in a new (and superior) stadium that would host as many as 70 major events a year. City officials have blasted this legislative activity. A spokesperson for Cleveland Mayor Justin Bibb says the revisions would 'fail to protect communities like us when a team decides to leave' and the Browns relocating would constitute 'a betrayal of the city and residents who have stood by the franchise for generations.' Advertisement The Haslam Sports Group, which owns the Browns, sees the situation quite differently. In a statement, a spokesperson told Sportico, 'the General Assembly's amendment of the Modell Law confirms that the law is intended only to prevent teams from breaking a lease or leaving the state. The Browns are doing neither of those things. The team is staying right here in Cuyahoga County, less than a mile from the city line, and HSG will honor every commitment of the Browns' current lease. HSG will always maintain its commitment to Northeast Ohio, as the private investment of more than $2 billion in the new enclosed Huntington Bank Field stadium and adjacent mixed-use development in Brook Park shows.' The prospect of the Browns-Cleveland legal dispute ending via statutory amendment would mean a law that raises legal concerns once again evades judicial scrutiny. The Modell Law has long been subject of debate among legal scholars regarding whether it complies with the U.S. Constitution. For example, the ambiguity of the word 'elsewhere' is problematic since it could undermine due process. The Browns—or any pro team that wishes to move from a tax-supported facility to another facility within Ohio—are not informed whether the law even applies. But 'elsewhere' isn't the only problem with the Modell Law. The law also requires teams to provide six months' notice of a move. A notice requirement sounds simple enough, but the law doesn't clarify what actions are needed to start the clock. Advertisement For example, the notice clock might start with a team offering a public statement about an intended move. It could also start with a less public conversation between team and government officials. Alternative starting points could include the presentation of renderings, an application for permits, the purchasing of building supplies or the commencement of construction. These moments all occur at different times, and the law doesn't indicate which one, if any, counts. The Contract Clause as found in Article I, Section 10 of the Constitution is also relevant. It prohibits states from impairing 'the obligation of contracts.' The Browns argue their contractual relationship with the NFL, which has extensive legal authority over teams and must approve any change in ownership, would be undermined by a law that requires a sale of the team. Another potential issue stems from how the Modell Law interacts with the Commerce Clause as found in Article 1, Section 8 of the Constitution. The Commerce Clause provides Congress with the authority to regulate interstate commerce and, as it has been interpreted by courts, prohibits states from enacting economic laws that unduly burden other states' economies. The Modell Law, by requiring ownership to offer to sell to Ohio residents, arguably interferes with other states. For similar reasons, the Modell Law might run afoul of the Privileges and Immunities Clause found in Article 4, Section 2. This clause prohibits states from discriminating against citizens of other states. If those citizens are denied the same authority to buy a team, they arguably are deprived of the same rights as Ohio citizens. Advertisement While the constitutionality of the Modell Law has been debated in law review articles, it hasn't been tested in court. About seven years ago there was an opportunity for a court to scrutinize the law, but the opportunity ended via settlement. The opportunity came in the form of DeWine, who was Ohio Attorney General at the time, suing Major League Soccer and Columbus Crew's operator/investor (Precourt Sports Ventures) over the Crew's planned move to Austin, Texas. The litigation ended when the Crew were purchased by local buyers—led by the Haslams—and Austin landed an expansion team. Given the latest legislative developments in Ohio, it's possible the constitutionality of the Modell Law remains more for academic intrigue than practical consequence. Yet the law has still been influential given that it changed the trajectory of the Crew's future and has provided many billable hours for attorneys working on each side in the Browns litigation. Best of Sign up for Sportico's Newsletter. For the latest news, follow us on Facebook, Twitter, and Instagram.
Yahoo
2 days ago
- Business
- Yahoo
Browns Officially Get Public Money for New Stadium in Ohio Budget
The Browns are one step closer to a new stadium in the Brook Park, Ohio, suburb of Cleveland. Ohio Gov. Mike DeWine signed the state's $60 billion biannual operating budget beginning with the 2025-26 fiscal year on June 30, which includes a $600 million funding pool for a new $2.4 billion domed stadium just 12 miles southeast of downtown Cleveland. Advertisement More from The $600 million will come from a portion of the $3.7 billion the state has in unclaimed funds, forming the 'Sports and Culture Facilities Fund.' The Browns will repay the state through tax revenue generated in the development over 16 years. On June 27, the 176-acre site where the team plans to build the stadium was officially purchased by Haslam Sports Group, which owns the Browns, for $76 million, according to the Cuyahoga County Fiscal Office. The deed was originally written in March 2024 but was signed shortly after the state House and Senate approved of the stadium funding. The new digs will anchor a proposed $3.6 billion mixed-used development that will include retail, hotels, office space and apartment housing. HSG and their development partners stated that they will commit $2 billion in private capital toward the full mixed-used project. Brook Park, a town of just 19,000 people, is also slated to contribute $400 million in public funding for the project. Advertisement Jimmy Haslam, who owns HSG along with his wife Dee, said that he wants to break ground in early 2026. While the public funding is now available to the team, the shovels won't go into the ground just yet. The road toward a new stadium has been a bumpy one, especially as it relates to a city once burned before by its NFL team. Here's everything you need to know about the Browns' new stadium funding. When did the Cleveland Browns announce a new stadium? On April 1, 2024, Cleveland mayor Justin Bibb told local media that he sent a letter to Jimmy and Dee Haslam stating that the city would commit $461 million toward a $1 billion renovation of Huntington Bank Field, but only if the offer was accepted by April 12. Advertisement The Browns said they were weighing a decision between renovating the current building or building a domed stadium. The franchise felt Huntington Bank Field 'requires major infrastructure moves to improve our operational and fan experience challenges.' In May 2024, the Cleveland City Council approved an ordinance that allowed City Hall to enforce Ohio Revised Code 9.67, colloquially known as the Modell Law in response to Art Modell moving the original Browns to Baltimore in 1995. What is the Modell Law? In short, the Modell Law prohibits a pro sports team in Ohio that receives public subsidies from playing its home games anywhere else. A team owner can be exempted from the law by seeking permission from the local government to sell the team with a six-month notice, and giving the city or local businesspeople the right of first refusal to buy the team. Advertisement Last August, the Browns publicly revealed the Brook Park plans, calling it 'a modern, dynamic, world-class venue that would greatly enhance the fan experience and enable the State of Ohio and our region to compete for some of the biggest events in the world 365 days a year.' Both the team and the city have sued one another over the use of the Modell Law. In their lawsuit, the Browns argue that the law only applies to interstate commerce—moving out of state versus relocating within the county, as the Browns hope to do. The city itself claims that the Browns are in breach of contract—in this case, the lease of the current stadium. Why did the Browns move away from Cleveland? The stadium ordeal is rooted in the ugly divorce between the city and the original Browns team. In 1995, Modell publicly pushed for Cuyahoga County to renew a sin tax that would pay for the renovation of Cleveland Municipal Stadium, which he owned and operated. Yet he also had secret negotiations with state legislators in Maryland to build a new stadium for a potential relocation to Baltimore. Advertisement After the now-Cleveland Guardians moved out of Municipal Stadium for their own baseball-specific venue in 1994, Modell claimed that the Browns had lost $21 million in 1994 and '95 and believed that renewing the sin tax would not be enough to keep the Browns in Cleveland. Just days before Cuyahoga County residents were set to vote on the sin tax renewal, Modell agreed to move the Browns to Baltimore before the 1996 NFL season. The city of Cleveland sued Modell, the Browns, his Stadium Corp. and the Maryland Stadium Authority for breach of contract, believing Browns had broken their Municipal Stadium lease. However, the NFL worked out a settlement with all parties where it deactivated the Browns franchise for three years, leaving its likeness and records in Cleveland for a 1999 'expansion' team. Modell renamed his football organization the Baltimore Ravens. The NFL also gave the city a loan to be used for the construction of a new stadium: the current Huntington Bank Field, which opened for the 'new' Browns in 1999. The lease on Huntington Bank, formerly Cleveland Browns Stadium, expires after the 2028 NFL season. The Columbus-based bank will carry the naming rights to the new stadium, which is expected to open in 2029. Advertisement Best of Sign up for Sportico's Newsletter. For the latest news, follow us on Facebook, Twitter, and Instagram.
Yahoo
3 days ago
- Business
- Yahoo
Ohio governor grants Browns public funding for new stadium
The Cleveland Browns are one step closer to moving to the suburbs. They had already bought the plot of land, and on Monday night, they got the public funding. Ohio governor Mike DeWine signed a new budget into law on Monday that allocates $600 million in unclaimed funds to partially fund the Browns' new stadium project in the southeastern Cleveland suburb, according to 92.3 The Fan. The budget decision came three days after the Haslam Sports Group officially purchased a 176-acre plot of land for $76 million, according to Cuyahoga County Fiscal Office via Sportico. Advertisement The Browns originally revealed the plans to move to Brook Park in August 2024, at the time calling it "a modern, dynamic, world-class venue that would greatly enhance the fan experience and enable the State of Ohio and our region to compete for some of the biggest events in the world 365 days a year." BROWNS NEWS: Haslams grateful for 'responsible way to support' Browns stadium funding after budget signed The Browns estimate the project to build a new, domed stadium will cost $2.4 billion in total. They've now received $600 million from the state of Ohio for the stadium, and the team expects to use an additional $400 million from Brook Park's income taxes for the new Huntington Bank Stadium. Haslam Sports Group has also committed $2 billion to mixed-use area development surrounding the stadium. Advertisement Though they've officially received the public funding, the Browns still have a bit to go before they can begin building the stadium. According to the Columbus Dispatch, former Ohio Attorney General Marc Dann and former state Rep. Jeff Crossman announced they would immediately file a lawsuit if the state budget included funding the Browns' stadium project with unclaimed funds. BROWNS STADIUM LAWSUIT: Former Ohio leaders say they will sue over plan using unclaimed funds That said, Gov. DeWine already helped the Browns clear another potential road bump by adjusting language in the Modell Law. The law is nicknamed after infamous former Browns owner Art Modell, who moved the team to Baltimore in 1996. Its actual title is Ohio Revised Code 9.67, which requires any Ohio-based team to give their city six months' notice to allow "political subdivision or any individual or group of individuals who reside in the area the opportunity to purchase the team." Advertisement DeWine passed an amendment that changes language in the Modell Law to only apply to teams attempting to leave the state. SHEDEUR SANDERS: Browns rookie pays speeding tickets, addresses citations at team event With the Ohio governor backing their project and providing a sizable portion of the state's budget, the Browns are pushing ahead. Team principal owner Jimmy Haslam says he hopes to break ground in Brook Park by early next year. "We respect the firm commitment and leadership that Governor DeWine, and the Ohio Senate and House have shown in their collaborative work to find a responsible way to support such a transformative project, one that will create a generational impact for our region and the State," the Haslams said in a statement. Advertisement "Our fans deserve a world-class facility, and we are committed to building a state-of-the-art enclosed stadium that resonates with Cleveland, highlighting our loyal and passionate fans and the Dawg Pound, while also incorporating innovation, bold design, and an immersive experience. The new enclosed Huntington Bank Field will be completely fan-centric, a first-of-its-kind design in the NFL, and a dynamic venue that draws visitors from across Ohio and beyond, for concerts and significant sporting events throughout the year. "This premiere facility will anchor a major lifestyle and entertainment development and be a catalyst for one of Northeast Ohio's largest economic development projects ever and something our community will be proud of and can enjoy for years to come. We appreciate the support of State leaders and their belief in this transformative project." This article originally appeared on USA TODAY: Browns stadium: Ohio governor grants team $600 million in funds
Yahoo
3 days ago
- Business
- Yahoo
Ohio governor grants Browns public funding for new stadium
The Cleveland Browns are one step closer to moving to the suburbs. They had already bought the plot of land, and on Monday night, they got the public funding. Ohio governor Mike DeWine signed a new budget into law on Monday that allocates $600 million in unclaimed funds to partially fund the Browns' new stadium project in the southeastern Cleveland suburb, according to 92.3 The Fan. The budget decision came three days after the Haslam Sports Group officially purchased a 176-acre plot of land for $76 million, according to Cuyahoga County Fiscal Office via Sportico. Advertisement The Browns originally revealed the plans to move to Brook Park in August 2024, at the time calling it "a modern, dynamic, world-class venue that would greatly enhance the fan experience and enable the State of Ohio and our region to compete for some of the biggest events in the world 365 days a year." BROWNS NEWS: Haslams grateful for 'responsible way to support' Browns stadium funding after budget signed The Browns estimate the project to build a new, domed stadium will cost $2.4 billion in total. They've now received $600 million from the state of Ohio for the stadium, and the team expects to use an additional $400 million from Brook Park's income taxes for the new Huntington Bank Stadium. Haslam Sports Group has also committed $2 billion to mixed-use area development surrounding the stadium. Advertisement Though they've officially received the public funding, the Browns still have a bit to go before they can begin building the stadium. According to the Columbus Dispatch, former Ohio Attorney General Marc Dann and former state Rep. Jeff Crossman announced they would immediately file a lawsuit if the state budget included funding the Browns' stadium project with unclaimed funds. BROWNS STADIUM LAWSUIT: Former Ohio leaders say they will sue over plan using unclaimed funds That said, Gov. DeWine already helped the Browns clear another potential road bump by adjusting language in the Modell Law. The law is nicknamed after infamous former Browns owner Art Modell, who moved the team to Baltimore in 1996. Its actual title is Ohio Revised Code 9.67, which requires any Ohio-based team to give their city six months' notice to allow "political subdivision or any individual or group of individuals who reside in the area the opportunity to purchase the team." Advertisement DeWine passed an amendment that changes language in the Modell Law to only apply to teams attempting to leave the state. SHEDEUR SANDERS: Browns rookie pays speeding tickets, addresses citations at team event With the Ohio governor backing their project and providing a sizable portion of the state's budget, the Browns are pushing ahead. Team principal owner Jimmy Haslam says he hopes to break ground in Brook Park by early next year. "We respect the firm commitment and leadership that Governor DeWine, and the Ohio Senate and House have shown in their collaborative work to find a responsible way to support such a transformative project, one that will create a generational impact for our region and the State," the Haslams said in a statement. Advertisement "Our fans deserve a world-class facility, and we are committed to building a state-of-the-art enclosed stadium that resonates with Cleveland, highlighting our loyal and passionate fans and the Dawg Pound, while also incorporating innovation, bold design, and an immersive experience. The new enclosed Huntington Bank Field will be completely fan-centric, a first-of-its-kind design in the NFL, and a dynamic venue that draws visitors from across Ohio and beyond, for concerts and significant sporting events throughout the year. "This premiere facility will anchor a major lifestyle and entertainment development and be a catalyst for one of Northeast Ohio's largest economic development projects ever and something our community will be proud of and can enjoy for years to come. We appreciate the support of State leaders and their belief in this transformative project." This article originally appeared on USA TODAY: Browns stadium: Ohio governor grants team $600 million in funds
USA Today
3 days ago
- Business
- USA Today
Ohio governor grants Browns public funding for new stadium
The Cleveland Browns are one step closer to moving to the suburbs. They had already bought the plot of land, and on Monday night, they got the public funding. Ohio governor Mike DeWine signed a new budget into law on Monday that allocates $600 million in unclaimed funds to partially fund the Browns' new stadium project in the southeastern Cleveland suburb, according to 92.3 The Fan. The budget decision came three days after the Haslam Sports Group officially purchased a 176-acre plot of land for $76 million, according to Cuyahoga County Fiscal Office via Sportico. The Browns originally revealed the plans to move to Brook Park in August 2024, at the time calling it "a modern, dynamic, world-class venue that would greatly enhance the fan experience and enable the State of Ohio and our region to compete for some of the biggest events in the world 365 days a year." BROWNS NEWS: Haslams grateful for 'responsible way to support' Browns stadium funding after budget signed The Browns estimate the project to build a new, domed stadium will cost $2.4 billion in total. They've now received $600 million from the state of Ohio for the stadium, and the team expects to use an additional $400 million from Brook Park's income taxes for the new Huntington Bank Stadium. Haslam Sports Group has also committed $2 billion to mixed-use area development surrounding the stadium. Though they've officially received the public funding, the Browns still have a bit to go before they can begin building the stadium. According to the Columbus Dispatch, former Ohio Attorney General Marc Dann and former state Rep. Jeff Crossman announced they would immediately file a lawsuit if the state budget included funding the Browns' stadium project with unclaimed funds. BROWNS STADIUM LAWSUIT: Former Ohio leaders say they will sue over plan using unclaimed funds That said, Gov. DeWine already helped the Browns clear another potential road bump by adjusting language in the Modell Law. The law is nicknamed after infamous former Browns owner Art Modell, who moved the team to Baltimore in 1996. Its actual title is Ohio Revised Code 9.67, which requires any Ohio-based team to give their city six months' notice to allow "political subdivision or any individual or group of individuals who reside in the area the opportunity to purchase the team." DeWine passed an amendment that changes language in the Modell Law to only apply to teams attempting to leave the state. SHEDEUR SANDERS: Browns rookie pays speeding tickets, addresses citations at team event Thrilled to move forward on a transformative project with generational impact With the Ohio governor backing their project and providing a sizable portion of the state's budget, the Browns are pushing ahead. Team principal owner Jimmy Haslam says he hopes to break ground in Brook Park by early next year. "We respect the firm commitment and leadership that Governor DeWine, and the Ohio Senate and House have shown in their collaborative work to find a responsible way to support such a transformative project, one that will create a generational impact for our region and the State," the Haslams said in a statement. "Our fans deserve a world-class facility, and we are committed to building a state-of-the-art enclosed stadium that resonates with Cleveland, highlighting our loyal and passionate fans and the Dawg Pound, while also incorporating innovation, bold design, and an immersive experience. The new enclosed Huntington Bank Field will be completely fan-centric, a first-of-its-kind design in the NFL, and a dynamic venue that draws visitors from across Ohio and beyond, for concerts and significant sporting events throughout the year. "This premiere facility will anchor a major lifestyle and entertainment development and be a catalyst for one of Northeast Ohio's largest economic development projects ever and something our community will be proud of and can enjoy for years to come. We appreciate the support of State leaders and their belief in this transformative project."
