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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