I-Team: AG wants to intervene in Cleveland Browns lawsuit

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[Watch previous FOX 8 I-Team coverage in the player above.]

CLEVELAND (WJW) — Ohio Attorney General Dave Yost, on behalf of the state of Ohio, is asking to intervene in a federal lawsuit filed by the Cleveland Browns against the city of Cleveland.

The motion was filed Thursday in U.S. District Court.

“The State of Ohio moves to intervene in this case,” the motion states. “At the heart of the case is Ohio Revised Code Section 9.67, which is designed to protect Ohio taxpayers’ investment into professional sports teams. Though the Plaintiff challenges the constitutionality of this Ohio law, they have not made the state, or any of its agencies, officers, or employees, a party to the lawsuit. Under these circumstances, 28 U.S.C. § 2403(b) guarantees the State of Ohio, through Attorney General Yost, the right to intervene and defend the constitutionality of Ohio Rev. Code §9.67.”

The Browns filed suit against the city of Cleveland, hoping a federal judge will clear the way for the team to move to a dome in Brook Park. The Browns are challenging the “Modell Law,” saying it is vague. The law was created to stop teams from leaving cities that subsidized them with taxpayer money. The law is named after former Browns owner Art Modell, who moved the team to Baltimore in 1996.

“Specifically, the Browns’ claim that on its face and as applied to the Browns, Ohio Rev. Code §9.67 is unconstitutionally vague,” the motion states. “They are wrong. But because the Team has named only the City as a defendant in this suit and, absent intervention, the State of Ohio will have no ability to defend the law. Federal law prevents this result. 28 U.S.C. § 2403(b) grants the State the right to intervene and defend the constitutionality of Ohio Rev. Code §9.67.”

It is not known when the judge will rule on the case.

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Peggy Gallek

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