seattle arenas

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

15 Comments

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 NBA.com 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.

Raptors hold on in overtime, even series with Heat

TORONTO, ON - MAY 03:  Kyle Lowry #7 of the Toronto Raptors hits a half-court buzzer beater to tie Game One and send it into overtime during the Eastern Conference Semifinals against the Miami Heat during the 2016 NBA Playoffs at the Air Canada Centre on May 3, 2016 in Toronto, Ontario, Canada.  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 Vaughn Ridley/Getty Images)
5 Comments

It wasn’t pretty, but the Toronto Raptors came away with a win and salvaged a tied series in their first two home games. For the second consecutive game, they went to overtime with the Miami Heat, only this time, it was the Heat that came up cold at the end, and Toronto prevailed, 96-92.

From an efficiency standpoint, Kyle Lowry wasn’t much better than he’s been thus far in the postseason, shooting just 7-for-22 from the field, but he hit two key jumpers in the final minutes of regulation that extended Toronto’s lead, forcing Miami to play from behind and tying the game on threes from Dwyane Wade and Goran Dragic.

But it was Jonas Valanciunas who proved most effective late for Toronto. He finished with 15 points and 12 rebounds, and for long stretches, the only reliable offense for the Raptors was dumping the ball in to him. Valanciunas bailed the Raptors out late with a rebound and tip-in to break an 80-80 tie after DeMar DeRozan (who shot a forgettable 9-for-24 on the night) missed two consecutive free throws.

The Heat failed to score in the first three minutes of overtime, and their continued penchant for turning the ball over did them in several times down the stretch as they failed to execute.

A bright spot for Miami was Dragic, who scored 20 points on 8-for-12 shooting despite receiving eight stitches to his lower lip after catching an elbow in the first half.

Splitting the first two home games isn’t ideal for the Raptors, but they had every opportunity to go down 2-0 after controlling most of the first three quarters and managed to prevail. Plus, Lowry’s late-fourth-quarter heroics could be enough to get him going again.

Damian Lillard gets tested by Warriors, looks for rebound

OAKLAND, CA - MAY 03:  Damian Lillard #0 of the Portland Trail Blazers stands on the court during their game against the Golden State Warriors in Game Two of the Western Conference Semifinals during the 2016 NBA Playoffs on May 3, 2016 at Oracle Arena in Oakland, California.  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 Ezra Shaw/Getty Images)
1 Comment

PORTLAND, Ore. (AP) First it was a chest cold, then it was a fourth-quarter dry spell. The start of Damian Lillard‘s playoff series against the Golden State Warriors has been rough.

And as Lillard goes, often the rest of the Trail Blazers follow.

Portland is down 2-0 in its Western Conference semifinal series against the defending NBA champions. And it certainly won’t get much easier when the series shifts north Saturday – even though presumptive league MVP Stephen Curry is unlikely to return from a knee injury.

But Lillard and his team have a history of stepping up after getting knocked down. In fact, that’s been the theme of their whole season.

“I know the kind of guys I’m running with. Besides that, we’ve answered the call all season long. We’ve been in bad positions time and time again, and we’ve never shied away. We’ve never not answered the call. I don’t see why this time it would be any different,” he said.

Lillard, who averaged 25.1 points and 6.8 assists during the regular season, scored 25 points in the Blazers’ 110-99 loss in Game 2 on Tuesday night, including 17 points in the third quarter. But the Warriors held him scoreless (0-for-3 from the field) in the crucial final period when they came from behind to win, outscoring Portland 34-12. Portland only scored six points over the last 5:21.

With a day off on Wednesday, Lillard let the loss digest.

“After the game I was pretty frustrated by not being able to finish that game. Yesterday I didn’t even want to see a basketball,” he said. “I wasn’t even gonna watch the playoff game until I heard Cleveland was hitting a bunch of 3s. So I wanted to see for myself, but I didn’t even want to have nothing to do with basketball after that game.”

In the series opener, Lillard started cold but eventually scored 30 points in a 118-106 loss. The Oakland native admitted later to battling a cold afterward. On Thursday, he said he was healthy.

Lillard made a playoff splash in 2014 when his buzzer-beating 3-pointer against the Rockets sent the Blazers into the second round for the first time in 14 years.

But he was the lone starter left with the Blazers this season after the departures of LaMarcus Aldridge, Nicolas Batum, Robin Lopez and Wesley Matthews. Some expected the Blazers to only win about two dozen games.

Lillard tends to rise when he’s the underdog, however. Led by Lillard and backcourt teammate CJ McCollum, a first-year starter, the Blazers overcame a 2-10 stretch in November to wind up the fifth seed in the West.

A two-time All-Star, Lillard was snubbed this year. How did he respond? By dropping 51 points, including nine 3-pointers, in a 137-105 victory over – wait for it – the Golden State Warriors. Lillard shot over Curry at will in that Feb. 19 victory, one of just nine losses for the Warriors in a record-setting 73-win season.

Knowing the Blazers are capable will be key Saturday night.

“We’ll have bounce. We came back after 0-2 against the Clippers (in the opening round) and came with a lot of energy in Game 3. We know how important Game 3 is,” Blazers coach Terry Stotts said. “Having energy, having bounce, at the Moda Center, with our crowd? That’s the least of our concerns.”

Lillard also struggled in the opening two games against the Clippers in the first round. Portland came back to win the next four to win the series, but the Clippers were hurt when their top two scorers, Chris Paul and Blake Griffin, were knocked out with injuries.

The Warriors also get credit for Lillard’s struggles after making defensive adjustments on both Lillard and McCollum, particularly the play of Festus Ezeli.

“They are so explosive and they run really good stuff, I mean, it’s hard to guard. You have to cover a lot of floor against Portland, and I thought between Festus and Draymond (Green), those guys did a great job of protecting the feed and moving and handling the pick-and-roll on top,” said Warriors coach Steve Kerr.

Lillard said the Blazers would learn from it.

“It hurts to go back in the locker room after you play so well for so long and you come back in there with the L. But it is a part of growth,” he said. “The entire season has been growth for us.”

Erik Spoelstra calls Frank Vogel’s firing “disturbing”

INDIANAPOLIS, IN - MAY 28:  Head coach Erik Spoelstra of the Miami Heat reacts as he coaches in the first half against the Indiana Pacers during Game Four of the Eastern Conference Finals of the 2013 NBA Playoffs at Bankers Life Fieldhouse on May 28, 2013 in Indianapolis, Indiana.  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 Andy Lyons/Getty Images)
7 Comments

One thing that’s a constant in the NBA: coaches always stick up for each other. That’s what happened on Thursday, when Pacers president Larry Bird announced that he was letting Frank Vogel go. Heat coach Erik Spoelstra, who coached against Vogel in three memorable playoff series during the big three era, was unhappy to hear the news of Vogel’s fate and lamented the state of coaching, which has very little job security.

Via Ira Winderman of the South Florida Sun-Sentinel:

“I think it’s really disturbing, actually. I’ve only been a head coach for eight years. So what am I, the second-longest-tenured?” Spoelstra asked, with Casey in his sixth season as Toronto coach and only Gregg Popovich, in his 20th season with the San Antonio Spurs, on the bench longer. “That’s a sad state of where the coaching profession is right now and stability of organizations.”

Spoelstra and Mavericks coach Rick Carlisle are the second longest-tenured coaches in the league, behind only Gregg Popovich. Already this offseason, there have been five coaching changes in addition to Vogel’s: Luke Walton replaced Byron Scott with the Lakers, Tom Thibodeau replaced Sam Mitchell with the Timberwolves, Scott Brooks replaced Randy Wittman in Washington, and the Rockets and Kings jobs are still unfilled. The Knicks job could potentially turn over as well, if Phil Jackson opts not to bring back Kurt Rambis.

This is on top of five coaches who were fired during the season: Kevin McHale in Houston, Derek Fisher in New York, Jeff Hornacek in Phoenix, Lionel Hollins in Brooklyn and David Blatt in Cleveland. That’s a third of the league since the 2015-16 season began. Spoelstra is right about the instability, but that’s part of the business.

Photos: Bucks unveil interior of new arena

BOSTON, MA - FEBRUARY 25:  Jabari Parker #12 of the Milwaukee Bucks runs down court during the third quarter against the Boston Celtics at TD Garden on February 25, 2016 in Boston, Massachusetts.  (Photo by Maddie Meyer/Getty Images)
Leave a comment

The Milwaukee Bucks are set to open their new arena in time for the start of the 2018-19 season, and now they’ve unveiled the first renderings of the inside of the building. They’re pretty nice.

Here’s the court:

There will also be several public bars out in the concourse:

It’s decidedly more modern than the aging BMO Harris Bradley Center, although that building is one of the most fun atmospheres in the league to watch a game in. Hopefully the new place can recapture that vibe.