CLEVELAND — Less than a week after Cleveland Mayor Justin Bibb announced the Browns would depart Downtown for a new domed stadium in Brook Park, it looks like a court case could be brewing that would prevent the team from possibly leaving.
Bibb expressed frustration with the Haslams as he broke the news to the city during a news conference.
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The City of Cleveland said it took that announcement as formal notice.
According to the City of Cleveland Law Director Mark Griffin, a local ordinance "requires the City to enforce the Modell Law."
"Beyond that, we must protect our taxpayers’ investment in the team and are committed to doing everything we possibly can to keep them in downtown Cleveland. We are compiling information, researching case law, and evaluating next steps before moving forward with formal litigation action – which will likely occur in the coming weeks," Griffin said.
The so-called "Art Modell Law," is named for the former Browns owner who moved the team to Baltimore in the 1990s. The law requires Ohio team owners to seek permission to move. Without permission, they must give a six-month notice and allow both the local government and local investors an opportunity to purchase the team.
The Art Modell Law has never been truly tested, though the Haslams benefitted from it in 2018 when they purchased the Columbus Crew as the team faced relocation.
"They saved their team by using the Modell law," Griffin said. "We think that can work here as well. If we have to, we'll file a lawsuit to require the Browns to make their team available for local purchasers who will keep the team in the City of Cleveland."
The ordinance Griffin refers to was unanimously passed by Cleveland City Council in May and calls on the city to enforce the state law, which was created during what many Browns fans consider a dark chapter of the team’s history.
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News 5 asked Griffin how much this lawsuit could potentially cost taxpayers, and he said it could cost nothing.
On the other hand, it could cost "a lot."
Griffin made it clear the City of Cleveland is not looking to buy the team.
"My understanding of the NFL is they prohibit cities from doing that," he added.
Haslam Sports Group Chief Operating Officer Dave Jenkins released the following statement regarding the matter:
"Obviously, we have a clear understanding of the situation that resulted in the original creation of the Modell Law, and our current stadium efforts and desire to make a transformative investment in Greater Cleveland and the entire Northeast Ohio region could not be more different. Our dome stadium and ancillary development focus in Brook Park is the optimal solution for our fans and the region not only because it will bring more large-scale events and economic activity but also because it will open up the lakefront for more impactful development. The proposed Brook Park project will bring far more value to Cleveland than just the 10-12 events the current stadium attracts annually. This long-term stadium solution is about strengthening Greater Cleveland and Northeast Ohio by creating more growth opportunities for our region. Our commitment to Cleveland will not change and our off-the-field work throughout Northeast Ohio will continue. We are not moving out of Northeast Ohio and while more work remains to make the Brook Park vision a reality, we look forward to continuing to make progress on this exciting opportunity with our public partners and other stakeholders."
Griffin said he disagreed with that response, saying, "They're coming out of Downtown Cleveland where we have really supported them for a long time and they're leaving the city. It falls within the Modell law and we're required to enforce it."
The Browns' lease with the City of Cleveland expires at the end of the 2028 season.
Griffin believes that timeline gives the city enough time to strap the Browns in for years to come.
On the other hand, Alan Weinstein, a professor of emeritus of law and urban studies at Cleveland State University, said he thinks differently.
Weinstein said the Modell Law does not do a whole lot, calling it a “toothless tiger.”
“The reason I said it was a toothless tiger is language like ‘opportunity to purchase a team’ doesn't really mean very much in terms of trying to keep the Browns here,” Weinstein said. “If I told you that you have an opportunity to purchase my home, and you know, you offered me a price that I was not satisfied with, I'd say ‘thanks, but no, we're not doing the deal.’ It's exactly the same.”
If invoked, the Modell Law would impose a six-month waiting period while the law is in effect. Weinstein said that a six-month period would not do much, considering the amount of time left on the team’s lease at the current stadium and how long it would take to build the Brook Park stadium.
“Six months really doesn't mean anything because the Haslam's are just really in the initial planning stages,” Weinstein said. “I mean, I understand that they've shown a concept of the stadium, you know, but let's face it, if we're talking about building a facility of that magnitude and particularly a facility that is so close to Hopkins where meeting Federal Aviation Administration requirements is involved, which probably means that the stadium field needs to be depressed well below ground level in much the same way that the new stadium in Los Angeles is for the same reason because of their proximity to L.A. International.”
Weinstein said that the Haslams might consider an offer but also might not due to the benefits of a new stadium in Brook Park. He said that the Haslams have acquired a large amount of land surrounding the location of the new stadium, allowing them to be the developers of additional facilities such as hotels, bars, restaurants, etc.
“It's not merely paying a premium on the value of the team,” Weinstein said. “It's also having to make up for those economic benefits that they can never get from a new stadium in Cleveland because they do not own the surrounding land, and acquiring that surrounding land would be far more expensive than what they paid for the property in Brook Park.”
In terms of the next steps, Weinstein said he believes the Haslams are already in the process of beginning construction of the new stadium. He said he does not think the City of Cleveland can do much at this point to keep the Browns at the lakefront stadium.
“The very fact that we had the schematic drawings that we saw and the initial architectural drawings suggests to me that they've already done preliminary site investigation; they wouldn't be doing this unless they had already done the core samples and all the things you do to make sure that in that, in fact, from an engineering standpoint, you actually can do at that site, what you intend to do,” Weinstein said. “So I think this is already moving along, and there's really not much that the city can do.”
If it doesn't work out and the Browns leave Cleveland, Mayor Justin Bibb announced his plans for that area where the stadium sits during a Tuesday night town hall.
"You have my word and my vow we’re going to build one of the best damn lakefronts this country has ever seen," Bibb said.
