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Tuesday, March 23, 2004

Bengals can, and should, win rematch


Click here to e-mail Peter Bronson
There's probably a good football metaphor to describe the rematch of Hamilton County commissioners versus the Cincinnati Bengals. But honestly, there's no real comparison.

When a football game is over, it's over. The losers don't run to court for a "re-do,'' or file claims for emotional suffering. But the lawsuit clock runs forever, and the only certain winners are lawyers.

"It doesn't smack of real fairness to have the county government hiring personal injury lawyers to pursue you on a contingency-fee basis,'' said Bengals owner Mike Brown, who is also a lawyer. "It sounds more like legal extortion than a proper use of the courts.''

But Stan Chesley, the Joe Montana of plaintiff touchdowns, says it's all about fairness. "The NFL conspired with the Bengals against the county,'' he said.

Chesley says he can use depositions and discovery to coerce the Bengals and the NFL to settle out of court and renegotiate the stadium lease. For example, he said, "One issue is naming rights. The value could be $70 to $90 million over the lease'' to tack on something like "Cinergy Paul Brown Stadium.''

County Commissioner Phil Heimlich said he changed his mind to support the lawsuit when federal Judge Arthur Spiegel allowed the antitrust case to proceed, finding "numerous supporting facts'' to allege that the public was bilked "to enrich the Bengals.''

"He has given us a roadmap to correct the outrageous provisions in this lease,'' Heimlich said. He's betting the Bengals and the NFL will settle and amend the lease to avoid a precedent that invites similar lawsuits, or public exposure of the lease deal.

"There is no doubt in my mind that a lot of bodies are buried and a lot of people want to keep them buried,'' Heimlich said.

Brown replied: "They're dreaming. They aren't conversant with this business.''

He said the Bengals paid $5 million for naming rights when nobody else would.

"The NFL won't settle this case. That is mistaken. They have already been sued and it was tried and ruled in the NFL's favor in St. Louis.''

He said he has nothing to hide. "They're imagining things. If it comes out, it is fine with us."

Heimlich and Chesley say the county's legal costs are capped at $100,000. But Brown said it will take millions to pursue the case. "Where is that money coming from?'' he asked.

And the Bengals' cost to play defense could hurt the team, he said. "By our standards, this is a hardship of major proportions. It makes the whole focus on the past. It's distracting, threatening, your reputation is on the line. It's not a good way to run a business.''

Heimlich said he thinks the county could recover millions. "That's why the Bengals are so scared.''

Brown said, "It's an unfortunate place we've gotten to where the county is trying to force us to renegotiate a deal made eight years ago or more.''

But now, "two thirds of the commissioners want to undo it after the fact.''

He has a good point. If lawyers ran the NFL, the Bengals might be forced to spot San Francisco 15 points because Cincinnati beat them last year.

But there's no real comparison between lawsuits and football. One is a dirty, eye-gouging, vicious struggle to crush and humiliate the opponents. The other is just a football game.

That's why I'm rooting for the Bengals.

---

E-mail pbronson@enquirer.com or call 768-8301.




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