Disgruntled fans who filed a class-action lawsuit against the Bengals over their season ticket seat locations in Paul Brown Stadium asked an appeals court Friday to tell the team that it can't enforce a Jan. 31 payment deadline.

        The Bengals have told fans that if they don't pay 20 percent of their 2001 season ticket costs by the deadline they could lose their seats.

        Attorneys say that in doing so the Bengals have violated a Dec. 14 court injunction, which they think prohibits the team from enforcing the deadline or having contact with season ticket holders until the case is resolved.

        “The Bengals appear to be deliberately violating the court order,” the request says. “Further, the Bengals have insisted on enforcing deadlines which violate the status quo.”

        Team president Mike Brown declined to comment when asked why the team thinks it is appropriate to enforce the deadline.

        “I don't have anything to say on this,” Mr. Brown said.

        The court has said the Bengals should not change seating assignments until after the lawsuit is settled, in order to maintain the “status quo.”

        Fans filed the suit in September against the Bengals in Hamilton County Common Pleas Court, alleging their assigned seats at the stadium were not equal to the seats they were promised and paid for.

        The lawsuit asks the court to award unspecified damages and to order refunds or reassignment of seat locations.

        The team countered by saying a class-action lawsuit is not appropriate, and that the issue ought to be settled individually by arbitration.

        The court ruled that the class-action suit could go forward; the Bengals responded by appealing that decision to the First District Court of Appeals, where a decision on whether the suit will proceed to trial is pending.

        Hamilton County Commissioner Todd Portune, who has been critical of the county's alliance with the Bengals on the lawsuit, said the deadline should not be imposed.

        “I think the status quo should be preserved until these issues are sorted out,” Mr. Portune said.

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