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.

Howard, Millsap, Hardaway lead Hawks past Wizards 114-99

ATLANTA, GA - OCTOBER 27:  Paul Millsap #4 of the Atlanta Hawks shoots against Andrew Nicholson #44 of the Washington Wizards at Philips Arena on October 27, 2016 in Atlanta, Georgia.  NOTE TO USER User expressly acknowledges and agrees that, by downloading and or using this photograph, user is consenting to the terms and conditions of the Getty Images License Agreement.  (Photo by Kevin C. Cox/Getty Images)
Getty Images
Leave a comment

ATLANTA (AP) Dwight Howard dominated the boards in his Atlanta debut, Paul Millsap scored 28 points and Tim Hardaway Jr. ignited the new-look Hawks to a 114-99 victory over the Washington Wizards in their season opener Thursday night.

Howard grabbed 19 rebounds to go along with 11 points, just what the Hawks expected from their new center, and it certainly wasn’t unusual for three-time All-Star Millsap to lead the way in scoring.

But Hardaway’s performance was totally unexpected given the way he struggled in his first season with the Hawks, when he was largely confined to the bench and even forced to spend time in the D-League.

He scored 21 points, matching his high in an Atlanta uniform, and broke open a close game with back-to-back 3-pointers in the fourth. The Hawks, who led only 81-80 heading to the final period, outscored the Wizards 33-19 over the final 12 minutes.

Markieff Morris led Washington with 22 points, but it was a tough night for the Wizards’ dynamic backcourt duo. John Wall finished with only 12 points on 3-of-15 shooting, while Bradley Beal was held to 13.

Hardaway, on the other hand, scored 12 points in the final period, breaking open a game that was close through the first three quarters.


Wizards: Marcin Gortat had 11 rebounds but didn’t have much help. Washington was outrebounded 52-40. … Otto Porter was the only other Washington player in double figures with 10 points. … The Wizards locked arms during the national anthem.

Hawks: Howard posted the most rebounds for anyone in their Atlanta debut, breaking the mark of 18 that Shareef Abdur-Rahim set at Houston on Oct. 30, 2001. … Dennis Schroder, taking over as the starting point guard after the trade of Jeff Teague, had 14 points but only two assists.

Follow Paul Newberry on Twitter at . His work can be found at .

Report: Kevin Garnett joining TNT; in talks with Cavaliers, others about coaching consultant role

Kevin Garnett
Leave a comment

If you’re wondering what Kevin Garnett is going to do now that he’s retired, turns out sitting on the couch with a bag of Flamin’ Hot Cheetos and watching Judge Judy is not the answer.

He is headed to the TNT studio show, something announced Thursday night during the broadcast.

Garnett also may be consulting with some teams — including the NBA champion Cleveland Cavaliers. So reports Adrian Wojnarowski of The Vertical at Yahoo Sports.

There are a lot of teams that could use KG as a consultant, I would expect the Timberwolves are part of that mix as well. He’s going to have the respect and ear of players for teams trying to get a message across to a young squad.

Garnett isn’t doing this for the money, he can pick-and-choose where he feels comfortable and needed.

Watch Dwyane Wade hit dagger three to lift Bulls past Celtics


What spacing problems?

Dwyane Wade, Jimmy Butler, and Rajon Rondo combined to shoot 9-of-14 from three in the Bulls season opener at home Thursday night. As a team, the Bulls shot 44 percent from three.

That included Dwyane Wade’s dagger three with a hand in his face to seal the 105-99 win.

The Bulls are not going to shoot like this every night, but they looked good on Thursday.



76ers players may respond in wake of national anthem flap

BEVERLY HILLS, CA - AUGUST 01:  Actress Sevyn Streeter speaks onstage during the 'Ringside' panel discussion at the TV One portion of the 2016 Television Critics Association Summer Tour at The Beverly Hilton Hotel on August 1, 2016 in Beverly Hills, California.  (Photo by Frederick M. Brown/Getty Images)

PHILADELPHIA (AP) — The Philadelphia 76ers held a team meeting Thursday and may take action in the wake of the organization’s decision to cancel the national anthem performance by a singer wearing a “We Matter” jersey.

Sevyn Streeter said she was told by the team she could not perform the anthem before Wednesday night’s season opener because of the slogan.

The Sixers players met at their practice facility in Camden, New Jersey, and are considering whether to respond to Streeter’s cancellation.

“Everybody expressed their emotions about it,” forward Robert Covington said. “We want to take steps about it. We just don’t know exactly what steps we want to take. We talked about a lot of different things.”

The Sixers play at home Saturday afternoon against Atlanta.

Streeter said in an interview with The Associated Press late Wednesday she was told she would not sing just minutes before her performance.

“I’d say two minutes before we were about to walk out … the organization told me that I could not wear my shirt while singing the national anthem at their game,” the R&B singer said by phone. “I was never given any kind of dress code. I was never asked beforehand to show my wardrobe.”

The Sixers declined to say why Streeter’s performance was canceled.

“The Philadelphia 76ers organization encourages meaningful actions to drive social change. We use our games to bring people together, to build trust and to strengthen our communities. As we move from symbolic gestures to action, we will continue to leverage our platform to positively impact our community,” the Sixers said in a statement.

The Sixers had a member of their dance team sing the anthem.

Sixers management declined comment on Thursday.

Coach Brett Brown said there are several options on the table.

“We understand the situation and we respect the social issue involved,” Brown said Thursday. “We completely get it. As a group, we will try to find a way to deal with this.”

Streeter has written songs for Chris Brown, Ariana Grande and other stars. In 2013, she had a Top 40 hit with “It Won’t Stop,” a duet with Brown that reached RIAA gold status.

The singer, born Amber Denise Streeter, said she was hurt by the NBA team’s actions.

“I was angry, extremely, extremely angry and disappointed and honestly brought to tears by all of it. It broke my heart,” she said. “Honestly, I was very excited about being able to perform the national anthem. I was really looking forward to that.”

This isn’t the first time the Sixers were brought into a national anthem controversy. A woman performing the national anthem before the team played a preseason game in Miami did so while kneeling at midcourt.

Denasia Lawrence opened her jacket just before she started to sing, revealing a “Black Lives Matter” shirt, then dropped to her left knee and performed the song. She said it was her way of protesting racial oppression.

The anthem issue has been a major topic in sports in recent months, starting with the decision by San Francisco 49ers quarterback Colin Kaepernick to not stand while it is played. Kaepernick cited racial injustice and police brutality among the reasons for his protest, and athletes from many sports – and many levels, from youth all the way to professional – have followed his lead in various ways.

“I also felt it was important to express the ongoing challenges and ongoing injustice we face as a black community within the United States of America – that’s very important to me,” Streeter said. “Yes, we live in the greatest country in the world but there are issues that we cannot ignore. This can’t be ignored.”