In his filing, Yost pushed back on the Browns’ claims of the Modell Law being ‘vague and unclear,’ and asserted any other issues must be resolved at the state level.
CLEVELAND — Ohio Attorney General Dave Yost, acting on behalf of the city of Cleveland, has filed a motion seeking to overturn the Browns’ federal lawsuit that attempts to have the so-called “Art Modell Law” declared unconstitutional.
The move by Yost marks the latest chapter in the Browns’ ongoing legal battle with the city of Cleveland over where they will play their future home games, with team owners Jimmy and Dee Haslam seeking to build a new domed stadium in Brook Park as city leaders fight to keep the team downtown.
Cleveland Law Director Mark Griffin filed a separate lawsuit Tuesday in Cuyahoga County Common Pleas Court to invoke the Modell Law, a statute requiring Ohio professional sports teams playing in taxpayer-funded facilities to either reach a settlement to move elsewhere or give the affected municipality “or any individual or group of individuals who reside in the area” at least six months to move to have “the opportunity to purchase the team.”
In the Wednesday filing submitted in U.S. District Court for the Northern District of Ohio, Yost pushed back on the Browns’ claims that the Modell Law is “vague and unclear,” asserting that the statue meets the standard set by prior precedents and that “a person of ordinary intelligence would understand what Ohio Rev. Code § 9.67 requires of the Browns before the Team abandons HBF (Huntington Bank Field) and plays at another location.” Moreover, the AG believes any matters not dismissed by U.S. District Judge David A. Ruiz should be considered at the state level.
“An Ohio court should have the opportunity to answer the important and unanswered questions of state law this case presents before the Browns’ federal constitutional claims are considered,” Yost wrote.
This is a breaking news story and will be updated.