HUGE NEWS! Clay Bennett & Co. buy Supersonics!

[HOT ROD]

by the way, the Sonics are playing the Lakers on TNT HD right now.

I think you guys might want to get a little acquainted with your probable team.

[Watson410]

Yeah i watched that last night.... They're HORRIBLE!!! But so were the Hornets when they came to OKC... Having a horrible team is better than not having on at all. IMO. If they have another bad season this year, (which i predict they will) it'll be a good thing for OKC (IF we end up getting the team), We'll get another high draft pick in the 2008 Draft. Hopefully another superstar like Durant!!!!

[Spartan]

Well these Sonics will stink it up this year for sure but expect them to get good quick. Bennett knows he'll have to actually try to turn the profit here that he could in Seattle.

[Nixon7]

Durant, Green, and OJ Mayo will make the OKC Sonics DOMINANT for many years!!!!

[BDP]

If they have another bad season this year, (which i predict they will) it'll be a good thing for OKC (IF we end up getting the team), We'll get another high draft pick in the 2008 Draft.

And you have to think that the first year or two will be good for the organization, because the city will be embracing a new team. If the get better, the demand will only grow for the team.

If they were good already 1) they wouldn't be moving and 2) the fans would get spoiled and want the same results every year right off the bat. That's just the nature of sports and one small way to spin it positive

[HOT ROD]

That is a very good point.

And if BDP is accurate, then I would have to argue that Clay Bennett is a VERY VERY GOOD BUSINESSMAN!!! To think this all through to consider every detail; all the way down to a bum lame duck final year for Seattle (year 40) that fans here wont really get too attached to and then starting FRESH in OKC in 2008 with 'seasoned' new players. .. plus, identifying the lease and its problems which should weigh in the Sonics' favor... and getting the BOG and Stern on his side and at the same time, punishing Seattle for being complacent and lazy. ..

It may not be ethical, but nobody would even BLINK if Clay Bennett weren't from OKC or intending to bring the team from OKC. I bet, if Clay were going to move the Sonics to Vegas that this drama the city of Seattle is putting up wouldn't even happen. Certainly, you could also argue the same if McClendon didn't open his big mouth so soon.

Anyways, it should still work in OKC's favor and the 'new' Sonics should call OKC home next year - perfect timing!!

[John]

...you could also argue the same if McClendon didn't open his big mouth so soon.

Knowing this group of guys, I think it's safe to say that Aubrey's statement was a planned move.

[HOT ROD]

I dont disagree John, but I think it would have helped their/our cause if the comment were made, say NOW, as opposed to back in August/September whenever it was.

In fact, I think such a comment would be APPROPRIATE NOW instead of two months ago. Making it then just helped fan the fire and make OKC look bad, whether we like/admit it or not.

[metro]

Sonics face 2nd suit over possible exit

By Percy Allen
Seattle Times staff reporter

Two days after two Sonics season-ticket holders filed a lawsuit against the team Oct. 1, a second suit claiming the new ownership group misled ticket buyers was filed in King County Superior Court.

Plaintiff Robert Brotherson charges the Sonics "sent a letter to potential season-ticket holders guaranteeing that season ticket prices would be frozen at their current levels through the 2009-10 season." The suit states the team "knew or should have known that the Sonics future in Seattle for the next three seasons was at best uncertain and more likely than not the team was going to be moved."

Both lawsuits seek class-action status on behalf of ticket buyers who purchased season tickets between July 2006, when the Oklahoma City-based Professional Basketball Club purchased the Sonics and Storm, and Sept. 21, when chairman Clay Bennett filed a demand for arbitration to escape the final two years of the team's KeyArena lease.

Dan Mahoney, a spokesman for the Sonics ownership group, declined to comment.

The law firms representing each group of plaintiffs are working together, said Tom Baich, an associate attorney with Myers & Company, which represents plaintiffs Patrick Shehee and Carolyn Bechtel.

"People like to simplify situations and when they simplify this, they say fan lawsuits have a very low record of success," said Brian Robinson, president of Save Our Sonics and Storm, the fan group trying to prevent the teams from relocating. "But this is not a traditional fan lawsuit because we're not talking about emotional damages, we're not talking about people being invested in the team. What we're talking about is specific acts of fraud by the team."

Robinson estimates financial damages to the Sonics could exceed $15 million.

"We believe it's a very valid case," he said. "In my perfect world, we would see financial penalties and we might see a court order that would force the team to honor their promises."

Jackson waived

The Sonics released point guard Jermaine Jackson, who was the only player on the team without a guaranteed contract. In four games, the sixth-year journeyman averaged 1.3 points and 1.5 assists.

The roster now stands at 14 players.

West bruises thigh

Guard Delonte West has teased the Sonics coaching staff with a couple of standout performances in exhibitions, but he has also attributed to their frustrations because of his inability to stay healthy.

Just when it appeared as if West was gaining momentum and making a push for a starting job at point guard or shooting guard, he suffered another setback and is questionable for tonight's game against Golden State at KeyArena because of a right thigh bruise.

"Delonte's biggest problem has been being able to practice right now," coach P.J. Carlesimo said. "We need to get him healthy and get him on the floor before we can even evaluate. He's had a couple of games where individually he did some really good things, but until we see him playing with the team it's just really hard."

West was arguably the Sonics' best player during Saturday's 117-94 defeat against Houston when he finished with 22 points and seven assists during 30 minutes. He also played well (14 points, 6 assists, 4 rebounds) against Sacramento in the exhibition opener.

Notes

• Because 7-footers (Robert Swift, Johan Petro and Mouhamed Sene) have yet to lock up the starting center job, Nick Collison could win the job when the season begins Oct. 31 at Denver. Collison started 56 games at the position last season. However, Carlesimo had hoped to return the 6-foot-10 player to power forward.

• Rookie Jeff Green is expected to receive a lot of minutes this week at power forward against Golden State today and Phoenix on Friday.

Percy Allen: 206-464-2278 or pallen@seattletimes.com

Copyright © 2007 The Seattle Times Company

Sonics | Sonics face 2nd suit over possible exit | Seattle Times Newspaper

[PUGalicious]

Plaintiff Robert Brotherson charges the Sonics "sent a letter to potential season-ticket holders guaranteeing that season ticket prices would be frozen at their current levels through the 2009-10 season."

Without knowing exactly everything that the letter "guaranteed," whose to say that season-ticket holders wouldn't be guaranteed that season ticket prices will be frozen at their current levels through the 2009-10 season? The venue might change... several thousand miles... but the prices will stay the same!

[jbrown84]

Sounds like a weak case to me. Mid?

[metro]

I agree jbrown, don't even need to consult law school Mid on this one. I don't see how they can sue for specific performance, when the date hasn't even come to pass. They are suing that ticket prices won't be guaranteed through the 09-10 season. Either the Sonics can guarantee the same ticket prices for that season (may not be the same venue) OR they could refund the ticket holders money, which is something I'm sure Bennett and Co. would be willing to do if he is able to move the Sonics to OKC.

[HOT ROD]

what they are suing for, is that the Sonics somehow lied to them by promising that if they bought season tix this year that the prices would be frozen for the next two; and somehow, the fans claim that implies that the Sonics will be here in Seattle.

Well, does the letter say the Sonics will be in SEATTLE for the next two years? Furthermore, has the Sonics even left Seattle yet?

Since the answer to both questions is NO, then I would predict that the courts wont hear the case and it will be yet another slap in the face of Seattle fans who are proving to be the biggest wussie crybabies who think the whole world owes them just because they got the franchise 40 years ago. BIG DEAL!!!

LEARN HOW TO READ NEXT TIME B4 YOU spend your money.

I mean, how could ANY sonics fan in Seattle NOT KNOW that Bennett is trying to move the team? Surely, Im sure that Bennett would freeze those prices regardless of where the team is playing.

These people up here need to GROW UP, they are only doing this to spite Bennett and the NBA, somehow make them feel vindicated by causing 'pain' for Bennett. If I were him, I'd sue Robertson or who ever were the fans who tried to sue him for fraud among other things.

Build an darn arena Seattle fans (agreement needed within a week) OR ELSE!!! It's that plain and simple.

[bombermwc]

Counting The Days!!!!! Wooooooooo!!!!

[Nixon7]

Can we really expect an announcement in 6-7 days?

[Watson410]

I seriously doubt it... I'm guessin mid November to early December. Regardless when we get an announcement... Seattle's deadline is up.

[Midtowner]

As a matter of law, I don't think there's a case. This letter is an advertisement. Ads are not "offers' in the sense that you can just say "I accept" and form a binding contract.

These ads are messages soliciting offers (generally speaking now). That means that the offeror is the customer who says "I'd like to buy season tickets." The Sonics then have the option of saying either "I accept your offer, here's a season ticket" or "Sorry, we're out" (haha, not in Seattle!) or "We don't want to do business with you, you're the guy who keeps getting drunk at the games, please don't come ever again."

My feeling is, and at least part of my argument for the Sonics would be that when they actually accepted, the acceptance said nothing about season tickets in the future. None of the offers were conditioned on the future price and availability of tickets, nor did any of the acceptances specify that was the case.

Further, the season tickets in the future would be subsequent and separate deals. The deal we're talking about here is a season ticket for one year. The practice has been that when we buy season tickets, they are for one season and one season only. To form a binding contract there has to be a give and a take -- we call that "consideration." In this case, there is no consideration to support the contract the season ticket holders are claiming exists. The season ticket holders did nothing other than buy season tickets for one season -- they would have had to put down money on an option to buy the future tickets or something like that for there to be any sort of that necessary give and take.

In short, I think the season tickets have a creative legal argument... that and $5.00 will get you a cup of Starbuck's coffee.

[metro]

Any words from the courts up there HOT ROD, I thought the courts said it would be decided in one week, which would be by close of business today PST.

[HOT ROD]

none yet, but David Stern sure is UPSET with Seattle and now is almost certain the move will happen. Take a look:

SEATTLE POST-INTELLIGENCER
Stern: Seattle showed 'no heart' in Sonics solutions

Stern: Seattle showed 'no heart' in Sonics solutions
Last updated October 25, 2007 3:23 p.m. PT

By GREG JOHNS
P-I REPORTER

Those expecting NBA commissioner David Stern to ride to the rescue and save Sonics basketball in Seattle might want to think again.

Speaking on a national conference call with NBA writers Thursday, Stern sounded pessimistic when asked about the Sonics' future in Seattle, saying his two trips to the area to promote an arena solution showed "there was no heart whatsoever for assisting a Sonics team."

Stern mentioned last November's passage of Initiative 91 in Seattle, which prohibits the city's ability to fund sports arenas without getting a fair-market return, calling that roadblock "unique in the annals of arena building."

He also cited his own trip to Olympia last year to testify to the state Legislature about arena funding, after which Speaker of the House Frank Chopp said extending legislation of the same taxes currently funding Safeco and Qwest fields "would only get out of committee against his strenuous objections."

Stern, who just finished two days of owner's meetings in New York, said Seattle's situation differs from other arena conflicts in terms of the seeming backlash in its own community toward a potential solution.

"I think every situation is individualized from the league's perspective," he said. "It's fair to say there was a very sort of proactive anti-Seattle Sonics movement."

Stern said he consulted with lobbyists and arena consultants hired by Clay Bennett's new ownership group, but sounded resigned to the fact the team could be moved as soon as Bennett gets out of the KeyArena lease.

Sonics owners are currently awaiting a ruling from U.S. District Court Judge Ricardo Martinez on whether they can pursue arbitration in an attempt to buy out the final two years of their KeyArena lease following the upcoming 2007-08 season. If not, Martinez will hear the City of Seattle's lawsuit that attempts to keep the team playing its games in the arena through 2010.

"We'd love to have found a path to see them stay," Stern said, "but right now it seems either they'll be there for the endurance of the lease or not, depending on the outcome (of the legal battle), or some divine inspiration for funding for a new arena.

"That's the way the owners feel about it and I feel about it."

And while Stern has been proactive in trying to broker solutions to arena conflicts in Sacramento, Vancouver and other NBA cities, he indicated no such involvement was likely forthcoming in Seattle.

"If there were a role for me, the answer is absolutely yes," he said. "But as we watch for an opening for an intelligent path ... in Sacramento the team is a fixture and everybody expressed a desire that they stay, from the city to county to governor.

"It's a completely different situation," Stern said. "I just don't want to offend people by parachuting in and saying this is the way it should be. I tried that and my track record is not good in Seattle or Olympia and I'm not sure I add anything to the situation."



--------------------------------------------------------------------------------

P-I reporter Greg Johns can be reached at 206-448-8314 or gregjohns@seattlepi.com.

© 1998-2007 Seattle Post-Intelligencer

[HOT ROD]

It sounds from Stern's message:

1) Seattle is OUT. The NBA will leave, it's just a matter of next year or two years. Seattle has lost the Sonics, the other owners agree so the vote will be for relocation.

2) Stern is not upset with Bennett or his team and will not 'interfere' with Bennett's effort to move the team to OKC. He said NOTHING in support of Seattle, and this is telling - since he at least spoke up for other NBA cities when their teams were/did going to move. This alone should tell you how upset he is with Seattle, who cares about market size, metro pop and all this other crap Seattle fans keep saying - we have no market here and certainly have never been able to support 3 major-league teams (mainly because Seattleites are fairweathered).

3) All of this political wrangling the city and state is doing/has done is taking attention away from the REAL ISSUE, you know - a new arena. Surely there will be nothing moving forward on this in 5 days and Bennett will surely show Seattle that he means business - ie, relo to OKC filed (and approved by majority of owners no doubt).

4) Then, it all depends upon how the court/arbitration rules. I say, the lease is way to iffy and that both sides have negatives with it - for it to be enforceable. the city has called for specific performance to make the Sonics stay until 2010 (with the HOPE that the extra time will get something done). Well that's not fair, because all it would do is EXTEND Bennett's deadline, which is unethical. Of course, Bennett wants out but could ALSO call for Specific Performance, since the lease clearly states 'the city to build a NEW SEATTLE CENTER COLUSEUM.' The fact that the prior owners never accepted the 'rebuilt' coluseum, ala Key Arena, on paper and the fact that Clay Bennett (and even Schultz before him) stated over and over that the arena is unacceptable - I think this might be Bennett's smoking gun, should the city prevail.

Irregardless, I think the Sonics will move next year UNLESS a judge outright says - the team needs to honor the lease thru 2010. I doubt that Bennett would defy a court order (although he could and just never step foot in WA again for fear of arrest), but I think that is the ONLY way the Sonics will stay for two more years. Otherwise, regardless of the other litigation or the fact that the courts could take forever to rule or appeals whatever, unless Bennet gets a specific "order of stay"
- he's gone next year.

In all honesty, I think Seattle and the state majorly messed up here. They should have - at least, met with Bennett and let the voters decide. That way, all pressure is off of the politicians (who ONLY care about returning to office) and they would place it on the populous of the state - which would surely deny the funding anyways.

By all of this political wrangling, the city has not only made it clear that the Sonics will relocate to OKC but they've made it certain that the NBA will never return again. Who'd want to deal with a bunch of cry-babies who think everybody "owes them" just because 'we're Seattle' and we had the team for 40 years.

If we still acted like the place with tradition of 40 years with a team, Im sure this all would be a moot point. But because Seattle is a bandwagon market (not a TRUE major market) and the other two teams stepped up and got their stadiums - too bad for the low guy on the totem pole and good for OKC! Its only a matter of time.

[HOT ROD]

here is the link for Stern audio,

http://downloads.newsok.com/podcasts..._SternCall.mp3

[HOT ROD]

I find it interesting that the story has not made it to the Seattle Times yet. It is supposedly our #1 paper up here and has the most 'fans' who have nothing but Seattle is big and can't lose team, OKC sucks, bla bla bla. The funny thing is, these people think they have a lot of people agreeing with them, when its really only the same handful of people bouncing off each other in reality.

I wonder if the paper placates to the fans? Cherry picks through stories, and reluctantly will place this story without any fan fair or luster. If there is every any story with a positive Seattle slant or a negative OKC slant - it's front page news on the Times.

The PI is a much more credible, even handed, and honest paper. They published the storey on Stern's commentary immediately after the call was made. Its also interesting to note how the forum the PI has is much LESS negative toward OKC.

[metro]

I agree HOT ROD, although I think Seattle is more of a major market then you give it credit for, the Sonics are without a doubt headed to OKC unless the courts rule otherwise. As we all knew the NBA BOG and Stern were in OKC's favor all along, and Stern just confirmed it, it's all up to the courts now of when can they move!

[BG918]

I can't wait for them to get here. Their presence will do more for enhancing downtown and the overall image of OKC more than anything that's been done so far.

[HOT ROD]

metro, Im glad we agree.

Just to be sure, I never said Seattle wasn't a major market - I know we are in the top 15. No doubt about that.

BUT, Seattle aint Chicago. And that is something that people here often dont want to realize or face. We're really a large midmarket, but we're not such that the NBA or somebody else MUST have a presence here.

If the Bulls were leaving Chicago, I'd think Stern would be all over that and something would get done (like has been the case in those mega markets). But Seattle is a different case, we're not a mega market like that, and with all of our money and bla bla that people here keep saying, we should be able to get an arena done. Atlanta did it, and they are bigger but similar and not quite as rich per capita.

All we had to do was show the NBA that we wanted the team to stay, with our political leaders sitting down at the table and working something out with Bennett, Stern, and the NBA when they were here LAST YEAR!!! Instead, our city showed its a$$ every chance we got. Those idiots thought we were untouchable because we have Slade The Blade Gorton to turn to. We made it impossible to build an arena without HUGE political movement (which nobody wants to make) - so, why bother.

We as a city essentially put our foot in our mouth, got lost in our own false arrogance, and will lose the Sonics to this same smaller market that Sonics fans seem to think is not worthy of their team.

Well, Im a realist and disagree with them. I say, the Sonics are sold to OKC investors and OKC wants the team and Seattle doesnt. It seems Seattle just doesn't want the hit in the pride factor (you know, slap in the face of reality). Too many people up here have a false sense of what this city is. We're expendible, we have to put up or shut up! Just because the franchise has been here for 40 years does not obligate us to keep it.

It seems that Stern also has the same position.