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Major League Baseball Will Run Dodgers
"I was surprised to hear that-especially when they are only averaging 17K per game this season, down from 27K 4 years ago" Whaaat? Sorry surfpuppy619, but you need to pay a little more attention to what you read. The Dodgers have broken 3 million in attendance for 14 out of the last 15 yrs, including the last 10 in a row. They have averaged more than 40k for the last 7 and thru the first 12 home games this year, have average 37,686. Even your vaunted Padres are averaging more than 28k thru their first 9 or 10 home games. The figure you read is season ticket sales, which indeed are down almost 40% since 2007 McCourt had no business being approve as an owner in the first place. He had to leverage real estate just to come up with the money. I don't have an issue when the fact came out during their divorce that they took $100 million in revenue; it's their team. What I have an issue with is that in the 4 years they were doing that, the Dodgers organization took on almost $500 million in long term debt and with the exception of getting Joe Torre and Manny Ramirez for a short time, have done nothing to make the team better. The McCourts, both of them need to go. Selig needs to bring in an established baseball person to run the team until new owners are found. Someone like Kim Ng. And then find an owner who can actually afford to own a team and wants to own a team.— April 22, 2011 1:10 a.m.
Major League Baseball Will Run Dodgers
Don't get me wrong, I don't like Bud Selig. As that article said, some of his decisions and actions have been arbitrary and capricious, if not downright self serving. But I'm a Dodger fan. I grew up in a family of Dodger fans. My brother, my parents and my grand parents were Dodger fans. Hell, even my inlaws, who moved to the Sates from Europe in the late 40's were Dodger fans, first in Brooklyn and later when, thank god for me, the relovated to the west coast. But I can't stand the McCourts. Most of us hoped that when he bought the Dodgers from Rupert Murdoch, we would get a real owner, someone who actually liked baseball. But what we got instead was a poser who thought he could play with the big boys and wanted to have a baseball team as a trophy. He's done nothing but spend boatloads of money on himself and done nothing to help the organization. I would like nothing more than to see him OUT on his ass with that shrew of an ex-wife. BTW, in case you haven't found it, theDebt Sevrice Rule, that black and white magic number, it's pretty simple. MLB has a rule that prohibits teams from operating at debt levels greater than ten times operating income (Ebitda). My guess is that Selig has not only the numbers, but at the very least tacit approval from a majority of owners for what he is doing, even though he doesn't need their approval.— April 21, 2011 7:45 p.m.
Major League Baseball Will Run Dodgers
yeah, I read the same article early today. It also says "If [Selig] has evidence that the owners are acting for their own personal welfare and are not dedicated to the team and MLB ... the commissioner has an obligation to step in and correct that situation." "Under the agreement McCourt signed with Major League Baseball when he bought the team, it is unclear whether McCourt can sue the league to challenge the commissioner's powers, Griffith said.. "McCourt has signed contracts admitting him to Major League Baseball, whereby he agrees to comply with those powers," Griffith said." And, "the court ruled that the commissioner does not have to establish a violation of the Major League Rules or moral turpitude to act as he sees fit. The "commissioner has the authority to determine whether any act, transaction or practice is 'not in the best interests of baseball,' and upon such determination, to take whatever preventive or remedial action he deems appropriate," the judges wrote in the 1978 decision" ( From Charlie Finley's lawsuit againstBowie Kuhn)— April 21, 2011 7:34 p.m.
Major League Baseball Will Run Dodgers
But yet while there have been a few cases challenging various actions the commissioners office has taken, I have never heard or read of a case where an owner or anyone else in baseball has challanged the the legality, or enforcability, or constitutionality of the MLB constitution, Article II, Section 3.. At the very least if someone has, they were not successful as it still stands. Since your a lawyer, what standing do you think such a case would have since all owners sign documensts atesting to their acknowledgment of the fact that they are obligated to adhere to the commissioners decisions, can be disciplined with varying severity, up to removal, if they don't, and that they waive such right of recourse to the courts. Since no one held a gun to their head, it seems they would have a hard time fighting it.— April 21, 2011 7:28 p.m.
Major League Baseball Will Run Dodgers
Well, I happen to disagree. Perhaps since as a lawyer you have access to resources I don't, you would care to point out some other cases where owners have even tried to take on the commissioners clause. As to the financial portion, perhaps you can tell us what the Debt Sevrice Rule, that black and white rule, is. It can be summed up in one pretty concise sentence, and from what I've been reading during this whole McCourt divorce mess, I doubt he has a clue to what the figure actually is. I know how to arrive at the figure, but obviously don't have access to the info. But I'm sure Selig does.— April 21, 2011 1:15 p.m.
Major League Baseball Will Run Dodgers
Also let me add this exerpt from the MAJOR LEAGUE CONSTITUTION MLC Art. VI, Sec. 2: Sec. 2. The Major League Clubs recognize that it is in the best interests of Baseball that all actions taken by the Commissioner under the authority of this Constitution, including, without limitation, Article II and this Article VI, be accepted and complied with by the Clubs, and that the Clubs not otherwise engage in any form of litigation between or among themselves or with any Major League Baseball entity, but resolve their differences pursuant to the provisions of this Constitution. In furtherance thereof, the Clubs (on their own behalf and including, without limitation, on behalf of their owners, officers, directors and employees) severally agree to be finally and unappealably bound by actions of the Commissioner and all other actions, decisions or interpretations taken or reached pursuant to the provisions of this Constitution and severally waive such right of recourse to the courts as would otherwise have existed in their favor.— April 21, 2011 12:27 p.m.
Major League Baseball Will Run Dodgers
I think he actually did sue his divorce lawyer.— April 21, 2011 12:12 p.m.
Major League Baseball Will Run Dodgers
surfpuppy619, I'm not a lawyer, but I'll offer a couple of thoughts. It is a franchise system, that's why they call them franchises. The details would take up many pages because of all the different league variations, but basically the NL formed in the late 1870's and the AL in 1901. Each league had it's charter francises that all paid a fee to join; I read somewhere one that for the NL it was $10 which would be around a couple hundred bucks today, inflation adjusted. As teams have been added, new owners have paid a "franchise" fee. Remember, as franchises they are engaging in local commerce, not interstate commerce, hence the exemption from antitrust laws. As for the commish, well he is the CEO of MLB He and the Executive Council work together on changes/additions to the rules, regs, contitution etc. When they have their minimum of 4 annual meetings they vote on changes. To change the constitution requirea a simple majority vote and the constitution has to be renewed on a periodic basis. the current one was approved in 2005 and runs thru the 2012 season. Basically, the owners voted Selig in and they can get rid of him if they want to. The owners voted on the commisioners powers and could change them if a simple majority wanted to. Any owner who comes in the league knows what the rules are and it could be said that by knowing the rules and owning a team, they agree to play by the rules.If they don't like them, they are free to try and get a majority to agree to change, or they can sell their tean and get out. They are there by choice. The only challange I have ever heard was by the former partners of the Montreal owner and it went nowhere. As I said, I'm not a lawyer, but I doubt any court would every deem the commisioners clause unconstitutional. It was put in place by the owners, for the owners the owners can change it and anyone coming into ownership knows it's there. Put simply, them's the rules, if ya don't like 'em don't join.— April 21, 2011 12:08 p.m.
Major League Baseball Will Run Dodgers
refriedgringo, Selig did use his "power" to force Marge Schott, but he wasn't able/didn't try to make her sell the team outright. She retained about a minority ownership of the team, about 1/13, I believe. I'm not familiar with the forced sale of Yankess to which you refer. Technically, Steinbrenner hasn't"owned" the yankess for over 10 yrs or so. They are "owned" by Yankee Global Enterprises LLC, which of course has always been controlled by the Steinbrenners. I believe that Steinbrenner named his sons as co-chairmen of the company a couple of years prior to his death. Steinbrenner was banned from baseball for 2 yrs by Bouie Kuhn after he pled guilty to making illegal contributions to Nixon's re-election campaign, and to a felony charge of obstruction of justice. And Faye Vincent banned him permanently, then reinstated him a couple of years later, from day-to-day management, but not ownership, over the Dave Winfield affair. But as far as I can recall, Steinbrenner owned the the team from the time he and his original partners first bought it until he gave control of Yankee Global to his sons. If I am missing something, please elaborate.— April 21, 2011 10:58 a.m.
Major League Baseball Will Run Dodgers
"Another case is the former Montreal Expos" As I mentioned above. The Montreal case was different than the Dodgers, though and one could say even shadier.In that case, MBL actually bought the team from the previous owner in order to help the owner of a third team. The Expos owner was some guy who was a NYC art dealer who wanted to be a baseball team owner. He bought a % of the Expos and ended up with about 90% interest. When Montreal wouldn't acquiesce to his demand for a new publicly funded stadium, )where have we heard this before),he got pissed. Around the same time, the other owners voted for the contraction of the Expos and Twins, but Jesse Ventura managed to get the courts to issue an injuction against it. Long story short, MLB formed a partnership between the 29 other teams, bought the Expos, the Expos owner used that money to buy the Florida Marlins from their owner, who used that money, along with a $40 million "loan" to buy the Red Sox. The Expos ended up as the Nationals, and when MLB finally sold the team, it was for about $350 million more than they paid for it. It's nice to be in the game when you're the one makeing all the rules.— April 21, 2011 8:43 a.m.