About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

51 U. Tol. L. Rev. 617 (2019-2020)
Modell, Money, and Movement: A Constitutional Perspective on the Modell Law's Effect on Sports Team Relocation

handle is hein.journals/utol51 and id is 641 raw text is: 






             MODELL, MONEY, AND MOVEMENT:
  A  CONSTITUTIONAL PERSPECTIVE ON THE MODELL
     LAW'S EFFECT ON SPORTS TEAM RELOCATION


                             Benjamin  A. Colsten*


                                INTRODUCTION


     O N October 12, 2018, one could have heard the entire   city of Columbus,
          Ohio, breathe  a long-awaited  sigh of relief-or at least the fans of
Columbus's  Major  League Soccer (MLS)  club, the Columbus  Crew. On that night,
after a nearly one year battle, their team was saved from relocation.' Prior to this,
the operator and principal investor of the Crew, Precourt Sports Ventures (PSV),
had been attempting to relocate the team to Austin, Texas.2 The Crew, having been
one  of the ten inaugural clubs awarded by  the MLS   in 1994, would  not leave
Columbus   without a fight.3
     Sports franchises are as much in the business of providing entertainment as
they are making  money,  and pursuit of that money will often lead a franchise to
seek the  highest dollar, irrespective of physical location or local allegiances.
America's  major sports leagues all have guidelines and restrictions on franchise
relocations, but those guidelines and restrictions are not always compatible with
the interests of the cities where the teams are located. When relocation interests
clash, cities are often left wondering what they can do to keep their teams from


    *  J.D. Candidate, University of Toledo College of Law. This Note is dedicated to the memory
of the woman who championed me before anyone else, my mother Pam, who passed away while it
was being authored. I first thank God for the skills and abilities he's given me, and for never giving
up on me when I did not think I could ever do anything worthwhile. I would also like to thank my
family for their support of not only this Note, but my life and law school endeavors as well. Further,
I must thank Professor Rebecca Zietlow for her guidance and support throughout the process of
writing this Note, as well as a thank you to Professor Benjamin Davis and Associate Dean Geoffrey
Rapp for their assistance. Additionally, a sincere thank you to my entire law school January-start
family for enduring me and pushing me through law school (especially Erin O'Neil - without her
edits, deadline reminders, moral support, and reminding me to do the write-on, this Note certainly
would have not succeeded). Finally, a very special thank you to the love of my life and the world's
best cheerleader, Beverly Ahoni - you're my favorite.
    1. See generally Adam Fox, Columbus Crew Saved; People Still Have the Power, RICHLAND
SOURCE (Oct. 12, 2018), https://www.richlandsource.com/sports/columbus-crew-saved-people-still-
have-the-power/articlelc4e8ffa-ce6b-1 1e8-b705-c379c0673785.html.
    2. Michael McCann, After Austin Council Vote, Columbus Leans on Lawsuit to Save the Crew,
SPORTS ILLUSTRATED: PLANET FUTBOL (Aug. 21, 2018), https://www.si.com/soccer/2018/08/21/
columbus-crew-austin-relocation-lawsuit-arguments-psv-precourt-mls.
    3. Important Dates, COLUMBUS  CREw   SC,  https://www.columbuscrewsc.com/media/
important-dates (last visited Sept. 13, 2019).


617

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most