City of Seattle, Sonics make their case
Posted by Eric Williams @ 11:23:38 am

Several filings were made by both the city of Seattle and the Sonics regarding the upcoming June 16 trial late Tuesday.

They included a pretrial order, which outlines the arguments both sides will make in presenting their cases, including witnesses they plan on calling to the stand and evidence they will present during the trial. http://blogmedia.thenewstribune.com/...trialorder.pdf

The city’s argument is pretty straight forward: The Sonics signed a lease to play all of its games in KeyArena until Sept. 2010. The KeyArena lease contains a specific performance clause stating that fact, and the city wants the team to honor its contractual obligation.

The city does not want to let the Sonics buy their way out of the lease because the city believes they are a unique tenant that cannot be replaced, and they bring intangible benefits to the city that cannot be reasonably calculated.

The Sonics will argue that the city will not be impacted economically by the team leaving and a buyout of the lease can be reasonably calculated. They also will argue that the city has unclean hands, pointing to its relationship with Microsoft CEO Steve Ballmer’s group that tried to get Clay Bennett’s ownership group to sell the Sonics to them. The Sonics also will argue that the specific performance clause would impose undue hardship on the franchise.

The city and the Sonics also presented motions responding to previous filings by both parties designed to limit evidence presented during the six-day trial.

In its motion the city argued the importance of having nationally renowned Seattle author Sherman Alexie and KJR-AM radio talk show host Mitch Levy testify during the trial. http://blogmedia.thenewstribune.com/...evy-Alexie.pdf

In the filing, Michelle Jensen, an attorney representing the city, states that Levy will present testimony that shows the Sonics have limited their opportunities for free advertising for its players and franchise by limiting the opportunities players and coaches are available to KJR for on-air interviews compared to past seasons.

Jensen also argues that Alexie, a member of the Coeur d’Alene Indian Tribe and a 10-year season ticket holder, can talk about the unique, cultural benefits the Sonics offer the city.

The Sonics also filed several motions, arguing the importance of presenting evidence that shows the dysfunctional relationship between the franchise and the city http://blogmedia.thenewstribune.com/...ationship.pdf; their pursuit of a successor venue to KeyArena http://blogmedia.thenewstribune.com/...inseattle.pdf; a field survey that shows the Sonics behind the Seahawks and Mariners in fan popularity http://blogmedia.thenewstribune.com/...eldsurvey.pdf; and testimony from Seattle council member Nick Licata http://blogmedia.thenewstribune.com/...ams/Licata.pdf, who uttered the now famous words that the Sonics have very little cultural value and no economic value to the city.

Sonics Insider