seattle arenas

Lawsuits in Seattle give Sacramento head start in race to approve an arena


The question of which city, Sacramento or Seattle, is ahead in the race to bring the NBA a brand new arena attached to a shiny new public subsidy is unclear at this time, but sources with intimate knowledge of the situation tell PBT that so long as Sacramento Mayor Kevin Johnson delivers on his promises that Sacramento will be ahead in that process.

A lot of that comes down where each city is legally within that process, and how that process is conducted in both Washington and California.

While some early media reports might have led folks to believe that Chris Hansen’s arena deal (and offer to buy the team) were a slam dunk, the documents laying out the framework of his arena proposal are under siege.

Specifically, the Memorandum of Understanding (MOU) and Interlocal Agreement (IA) he entered into with the city of Seattle and King County have been under intense scrutiny locally, as they are currently the target of two lawsuits.  The first of those lawsuits is potentially being decided today at 1:30 PT.

The first suit brought by the International Longshoreman’s Workers Union challenges the site selection process within Washington’s Environment Impact Review (EIR) process, saying that Hansen and the local government conducted a “sham” site review process that did not provide reasonable, actionable alternatives other than Hansen’s hand-picked site.

That site, located in Seattle’s SODO district, has been the battleground of competing arguments regarding traffic and how it might impact Port of Seattle’s operations, and otherwise cause gentrification, loss of business in the area, and impact a large number of family-wage jobs in exchange for temporary construction jobs and a smaller number of low-paying arena jobs.

Arena proponents point out that most of the events at the proposed SODO site would occur after the Port’s business hours. Arena opponents say that the cumulative impact of creating a third large-scale sports and entertainment facility within their maritime industrial area, with an L.A. Live-like experience of retail outlets and restaurants, will necessarily bring more traffic to the region regardless of hour and disrupt Port operations.

These kinds of lawsuits are standard fare in any large-scale development project nationally right now, but they can have impacts on developments. In this case, opponents of the current MOU and EIR process point out that it could take “hundreds of millions of dollars” to mitigate the traffic issues a new arena would face, according to head lawyer for the ILWU suit Peter Goldman.

Hansen has offered $40 million to address traffic mitigation concerns, but in reality the question of who pays what for additional mitigation has yet to be solved because the EIR has yet to address the issue. Should Hansen have to pay for additional mitigation, it could further strap him and his group as it relates to their overall offer for the Kings, but the fear for locals is that the money would have to come from the public coffers.

The ILWU’s suit alleges a number of concerns relating to the site selection process, and asks the court to force Hansen and the local government to declare the MOU and IA “null and void” because they are in violation of the State Environmental Policy Act (SEPA).

It is unclear whether or not this would impact Hansen and the local government’s warranties to the NBA about its current arena situation.

(UPDATE: The judge ruled in favor of Hansen, Seattle, and King county and dismissed the lawsuit.  Hansen and governmental officials argued they did not have an arena agreement in place and that they would look at other locations.)

Goldman said that this suit was “preliminary,” and cited the broad swath of industry that is opposing the arena proposal in its current form. He pointed out that there will be more times for lawsuits to be filed down the road, but that he and his client were concerned that the site selection process wasn’t being conducted according to current state laws.

The second lawsuit relates to Seattle’s in-force Initiative 91 and the contention by its co-author Mark Baerwaldt that the current MOU does not meet the law’s criteria.

Baerwaldt is careful to point out that the courts would decide the matter. His complaints focus on the financing mechanisms that Hansen and the local government are using to meet the statute’s definition of turning a profit on public subsidies for sports arenas. This lawsuit is awaiting response from Hansen, Seattle, and King County.

I-91’s other co-author, Chris Van Dyk, has also been at the center of this discussion, being cited by many Seattle media outlets as being supportive of Hansen and Seattle’s MOU. He addressed those reports exclusively with PBT, saying he “never said it was compliant” and that “if he’s the best cheerleader (Hansen and Seattle) can come up with then they’re in trouble.”

Van Dyk also offered that “he’s looking forward to hearing the expert testimony,” because he didn’t think “I-91 anticipated meeting the type of funding mechanism that Hansen has presented.”

Whether or not the Longshoreman’s suit goes in favor of the plaintiff or Hansen and Seattle, Goldman says to expect more legal resistance down the road.  If they win, Hansen and Seattle has to start over with their MOU and come to the table with alternative sites that they may not like.  Then the city would have to choose between the site that Hansen wants, and a potential site that presents better alternatives in terms of environmental concerns and traffic.

If they lose today, he says that there is a “significant appetite” not just by his clients but a broad swath of industry including the Port of Seattle to appeal the decision and fight the EIR process at every stage. All of the potential delays and injunctions were reflected when David Stern told Jonathan Feigen of the Houston Chronicle that the NBA had “no approved plan for an arena in Seattle.”

Therein lies the rub for the Seattle group. While they seek to convince the BOG that they have an actionable arena plan, they are arguing in court that their MOU and IA just lay out a process for reviewing and financing an arena proposal and do not constitute an ‘action’ under state EIR laws. Therefore, they contend that the Longshoreman’s suit is not “ripe” and are asking for it to be thrown out.

Sources with intimate knowledge of the situation tell PBT that this is a tightrope that the Seattle group can walk, and Scott Howard Cooper of illustrated that point by saying the league isn’t overly concerned with legal issues in either Seattle or Sacramento, but the question goes back to points made by TNT’s David Aldridge about which city can get an arena deal done first.

Aldridge, who had previously reported Seattle had a “clear path” to obtaining the Kings, said on Saturday “there are questions about whether or not the Seattle deal is as airtight as they say it is.”

After Stern’s press conference on Saturday Aldridge elaborated, “We have very equal bids here. What it comes down to is the feel the owners have on ownership groups, and which arena can be built the fastest.”

The EIR process in Seattle is underway, but with two lawsuits pending and only the judges in both suits being capable of delivering an up-or-down answer to the litany of issues presented, the uncertainty over what type of delays Seattle could face and what type of mitigation will be needed to preserve other parties’ rights are huge question marks.

On the other side, it’s Johnson’s track record of delivering on promises to the NBA that has insiders optimistic about Sacramento’s chances of delivering that ‘fair and competitive’ offer that will include a significant public subsidy and downtown arena.

That effort has been underway for a while now, as the NBA negotiated the current arena deal that the Maloofs backed out of, a deal that Johnson and Sacramento have maintained is still on the table.

Additionally, proposed arena locations in Sacramento aren’t likely to have the same types of blowback being faced in Seattle, where their sizable maritime industrial economy feels threatened by Hansen’s proposal.

One source with intimate knowledge of the situation speaking to PBT under conditions of anonymity spoke about Sacramento’s pair of proposed locations:

“Both potential Sacramento sites are complimentary to the existing downtown commercial uses, and unlike the fight in Seattle the downtown proposals are being welcomed as a revitalization project. Both are efficient reuses of developed property, and both sites qualify under the expedited state AB 900 CEQA process, which limits the delay from any potential lawsuits. Having already approved a deal structure a year ago with no lawsuits filed, Sacramento has a big advantage to deliver a timely arena facility.”

That AB 900 CEQA process is an interesting wrinkle to Sacramento’s effort to keep their team, as the bill creating that process was recently signed into law and co-authored by Think Big Sacramento supporter and California Senate President pro Tem Dan Steinberg. According to law firm Stoel and Rives:

“The (bill provides) an incentive for applicants to move forward with their projects because any challenge to a leadership project Environmental Impact Report (“EIR”) under the California Environmental Quality Act (“CEQA”) will be venued immediately in the Court of Appeal. The court will then have a maximum of 175 days to issue its decision on the challenged EIR”

Incidentally, the bill was passed in part to help facilitate the potential Farmer’s Field deal to bring NFL football back to L.A. The company driving that proposal is AEG, who is supporting Sacramento’s bid and being pursued for purchase by Ron Burkle, who is one of the ‘whales’ that reportedly stands behind Sacramento’s offer.

“It’s time for big thinking and big projects that put Californians back to work,” said California Governor Brown. “Projects like Farmers Field can create thousands of jobs during a tough economic time, so it is imperative for the state to cut the red tape that could delay projects like this for years. These bills strike the right balance between protecting our environment and kick-starting jobs and investment in California.”

Sources say NBA owners will be weighing the totality of the arena timelines for both sides, and in Seattle’s case how many years a potential Sonics team will have to play at Key Arena, a facility deemed by the NBA to not meet its standards when the Sonics left for Oklahoma City in 2008.

Hansen’s current plan calls for a potential Sonics team to play in Key Arena (with modest improvements) for as little as two years, while arena opponents believe that timeframe could be extended to as many as four years if lawsuits hold up the process. While Sacramento could face similar lawsuits, they didn’t face any during the 2011 arena deal, and the expedited review process and potential for less environmental concerns at the city’s proposed sites have sources pointing at the issue as a point in favor of Kevin Johnson’s expected proposal.

While Seattle’s lawsuits aren’t likely to be the defining factor in this saga – Sacramento’s production of an actionable offer will be that factor –the fact that the Emerald City can’t say with certainly how long they’ll be locked up at Key Arena could be the starting point for their bid to take the Kings to unravel.

Pelican’s Anthony Davis forced to leave game, has bruised knee

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It looked a lot worse than it turned out to be.

Late in the third quarter of Friday night’s Clippers win over the Pelicans, Los Angeles’ Josh Smith blocked a shot at the rim that came out to the top of the key to Chris Paul, and he started to race up court in transition with Anthony Davis next to him. At that point, CP3 veered into Davis to draw the contact and get the foul, but in the process injured Davis. Watch the replay in the video above, CP3 initiates the contact.

Watching Davis try to leave the floor was scary. It looked bad.

Fortunately, it turned out just to be a bruise.

Davis did not return, but he shouldn’t miss much time with a bruise.

As for the play, there has been plenty of Twitter talk about if it was dirty. I wouldn’t say that, I do not think there was any intent to injure.

I would say the play was reckless, the kind of thing more likely to lead to injury. What’s more, that should be called an offensive foul every time — CP3 initiates that contact. He veers into Davis to get the call, and that’s an offensive foul.

Fortunately for all of us, the ultimate result was nothing serious.

Watch James Harden score 50 as Rockets beat winless 76ers 116-114

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HOUSTON (AP) — James Harden had 50 points, nine rebounds and eight assists, and the Houston Rockets beat the winless Philadelphia 76ers 116-114 on Friday night.

Harden was 14 for 28 from the field and 16 for 20 at the line in his third career game with 50 or more points. He is averaging 36.2 points in his last five games.

Philadelphia moved one loss away from matching the New Jersey Nets’ NBA-worst mark of 18 losses to open a season. The Sixers have dropped 27 in a row dating to last season for the longest losing streak in major U.S. professional sports history, passing the NFL’s Tampa Bay Buccaneers from 1976 to ’77. The previous record was also matched by the 76ers in 2013-14.

Robert Covington had 28 points for Philadelphia, which made a franchise-record 16 3-pointers in 35 attempts. One day removed from a Boston nightclub altercation, rookie Jahlil Okafor had 11 points and six rebounds.

Facing an 11-point deficit to start the fourth quarter, the 76ers opened the period on a 24-8 run to take a five-point lead.

Down by two with less than 3 seconds remaining, Covington intentionally missed a free throw that was rebounded by Dwight Howard to secure the Houston win.

Harden led the Rockets to one of their best shooting performances of the season, helping Houston win for just the second time in its last nine games.

The Rockets shot 52 percent from the field, including an 11-for-20 night from beyond the arc. Howard added 14 points and 13 rebounds.

Philadelphia scored 100 points for the first time in nearly three weeks and just the fourth time all season. Isaiah Canaan had 23 points, and Jerami Grant scored 18.


76ers:C Nerlens Noel was a late scratch with right knee soreness. … SG Nik Stauskas returned from a one-game absence after suffering a knee contusion in Monday’s loss to Minnesota. … Canaan got his fifth start of the season over regular starter T.J. McConnell.

Rockets: Houston improved to 68-68 all-time against Philadelphia. … The Rockets had a season-high 35 third-quarter points. . PG Patrick Beverley received a technical foul in the second quarter after throwing an elbow near the face of Phil Pressey.



Report: Jahlil Okafor had gun pulled on him in another altercation in October

2015 NBA Rookie Photo Shoot

Apparently Sixers’ star rookie Jahlil Okafor‘s altercation outside a nightclub in Boston earlier this week — one for which he apologized, and there will be no law enforcement action — was not his only altercation since training camp opened.

Okafor had a gun pulled on him back in October, according to a report by John Finger at

The 19-year-old Sixers’ rookie was outside an Old City nightclub after 2 a.m. on October 4 when he and another person began arguing with two men sitting in a parked car near the corner of 2nd and Walnut Streets, according to a witness. The verbal disagreement escalated and a witness said he saw Okafor try to punch the driver through the open driver’s side window. During the altercation, the driver and passenger exited the car and the passenger pointed a gun in the direction of Okafor and his associate, per the witness.

U.S. Park Rangers — who patrol nearby Independence Hall — arrived on the scene during the altercation, according to separate reports filed by the U.S. Park Rangers and the Philadelphia Police Department and obtained by The man who exited the passenger side of the car fled on foot and appeared to toss his gun, per multiple witnesses. According to the police report, the driver got into a black Camaro with red stripes and sped off. The car was not stopped….

A law enforcement source told that a gun magazine was recovered near the scene and submitted for fingerprint analysis. The law enforcement source said the investigation is ongoing. It is unclear what happened to Okafor or his associate after the incident or if they were interviewed by U.S. Park Rangers or PPD.

The Sixers told Finger that they were aware of the investigation but would not comment further.

Add this to the incident in Boston and it makes you wonder about the situations Okafor keeps finding himself in. That said, we’re talking about a 19-year-old, and if you’ve ever been that age you know it is not always when you make your best decisions. Okafor is just going to have to grow up more quickly — and under a brighter spotlight — than the rest of us.


Raptors center Bismack Biyombo: Cavaliers believe we’re tougher than them

Lebron James, Bismack Biyombo
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LeBron James and James Jones called a players-only meeting after the Cavaliers’ loss to the Raptors on Wednesday.

This is why.

Toronto center Bismack Biyombo, via Chris Haynes of

“The most important thing is that we played tough,” Bismack told “Cleveland is a good team, but when they come in here, they feel like we are the tough ones and that’s what we want to accomplish as the definition of the Toronto Raptors.”

Those are harsh words from Biyombo. It’s one thing to say you believe your team is tougher than the opponent. It’s another to say you can tell the opponent believes your team is tougher.

Privately, though, I bet LeBron appreciates this comment.

The Cavaliers are not soft, but their goal is nothing short of a championship. They need to get tougher if they’re going to beat the Warriors, whom LeBron said look hungrier than Cleveland. So, LeBron has already begun challenging his teammates. He wants them to believe they have far to go, because that will pay off in the long run.

Biyombo’s answer furthers the Cavs toward that goal.

Plus, if the Cavaliers and Raptors meet in the playoffs, it’ll make it much easier for Cleveland to find motivation. But Toronto is a tough team. That series would be no walkover unless the Cavs use this criticism constructively.