Saturday, April 08, 2000
Bengals' ticket guarantee fought
BY DAN KLEPAL
The Cincinnati Enquirer
A lawsuit filed Friday challenges Hamilton County's right to guarantee a minimum number of ticket sales to the Cincinnati Bengals and several other provisions in the team's lease at Paul Brown Stadium.
The lawsuit was filed by attorney Ken Lawson on behalf of a group called the Concerned Citizens For Economic Justice.
The lease signed by county officials and the Bengals states that county taxpayers will buy as many unbought tickets to Bengals' games as are needed to reach 50,000.
The county has “been given no power or authority by the state legislature to pay the Bengals for the unsold tickets ... and so the agreement to do so is void,” the lawsuit states. “It is an outright, unrestricted gift of public funds in violation of the Ohio Constitution.”
Mr. Lawson's suit mirrors a lawsuit filed by Cincinnati attorney Tim Mara nearly two months ago. He said an underlying feeling of mistrust in the African-American community led to his filing.
Binding future
“We agree with what Tim has filed,” Mr. Lawson said. “This suit was filed to make sure African-American interests are represented. The only way to do that is to make sure we know what's going on.”
Mr. Lawson's lawsuit also asserts:
• Commissioners John Dowlin and Bob Bedinghaus, whose terms of office are about to expire, have no authority to bind future commissioners to pay for unsold tickets.
• Commissioners have no authority to grant the lease provision giving the Bengals control of land around Paul Brown Stadiumo.
Taxes for operations
• The county will have to use revenues from taxes, in violation of state law, to pay for stadium operations because the Bengals will pay rent for only the first nine years they are in Paul Brown Stadium. That is insufficient to cover operational costs of the stadium.
County Administrator Dave Krings, who was the county's main negotiator of the lease, said he has not seen the lawsuit and could not comment on pending litigation.
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