The Connecticut Constitution Debacle: The Story So Far
By: Ryan Saba
Yesterday, the Ultimate world was stunned as news broke that
the Connecticut Constitution, one of the top franchises both in wins and
attendance in the AUDL, was going to indefinitely cease operations. The reason,
according to Constitution CEO Bryan Ricci, was the fact that a TLA (Territory
License Agreement) had been signed before the start of the season that spanned
a radius of 100 miles around the Connecticut franchise (essentially meaning no
franchises could exist within 100 miles of the franchise). In May 2012,
however, Ricci claims they were made aware of the sale of franchises in both New
York and Boston (both are within 100 miles of Hartford, CT). Ricci then claims
the league filed suit against the team, forcing them to hire lawyers and pay
legal fees that they say they cannot afford. Due to the overwhelming legal
fees, the team decided to cease operations indefinitely until the situation is
resolved.
Josh Moore, the president of the AUDL, disputes Ricci’s story,
claiming that the Constitution’s ownership was made aware of the expansion
teams when originally joining the league, and that the expansion of the league
to include 16 teams in the Northeast was part of the original agreement. The
league, after learning that the Constitution were planning to pursue legal
action against the league, filed suit “to request judgment as to their radius
being enforceable given that they had agreed to the teams previously”.
Personally, I doubt the TLA didn’t include the expansion
teams already planned in New York and Boston; the league has been all about
expansion since it began, and not having teams in hotbeds such as New York and
Boston would be foolish. In addition, though I’m no legal expert, a quick
examination of the written TLA should resolve the dispute: If the written TLA
has the terms that Mr. Moore claims are in it, then the Constitution are
clearly at fault and can do nothing. If the TLA doesn’t include the expansion
terms and instead the Constitution’s leadership learned of the terms either a)
verbally, or b) after the TLA was signed, then it looks like the league will be
at fault and will likely have to cancel plans for the New York and Boston
franchises. The league’s ability to grow and become successful will become
severely impeded if they cannot expand to major ultimate hotbeds such as New York
and Boston.
Check back here for more information as it becomes available
to us. You can also follow us @UltiNews on Twitter or like our Facebook page (https://www.facebook.com/UltiNews)
for updates.
Good summary, however I'd take a little issue with your analysis in the last paragraph.
ReplyDeleteEven if the league is in the wrong (as I expect they are) I think that the Constitution would probably understand the importance of expanding to NY and Boston, and could come to some agreement (temporary recruiting bans? revenue sharing?) which would allow those teams to exist while compensating CTC for the damage done to them.
This is why I find it so hard to believe that the AUDL didn't include the NY and Boston teams in the original agreement. And did CT really not think the AUDL was gonna put up teams in NY and Boston??
DeleteAlthough Moore is trying to spin the AUDL as the victims here, according to both parties, the AUDL were the only ones to actually start legal action... using a typical lawyer trick of filing in a far-away jurisdiction.
ReplyDeleteIt seems pretty clear they're hoping to get CT to fold, which unfortunately may work since I doubt they're making much money and probably don't have the resources for a long legal battle.
Is anyone else wondering if Josh Moore is only running this league to make money for himself?
ReplyDeleteHe promised all 8 owners (don't know if this is verbal or in contract) $10-40K in advertising dollars this season. The owners have seen 0% of this money.
Expanding the league rapidly, including into cities that weren't allowed by the contract that Josh Moore's new semi-proffesional league created, all while most teams in the league are losing a significant amount of money is an interesting decision. Motivated by growing ultimate???
While it seems like a league like this could last with enough outside investment, it is clear that the current league comissioner and some of the team owners are not capable of leading the way to success.
What I really wonder...if teams who have invested with Josh Moore for the 2013 season or beyond are fully aware of the league's current serious problems and have spoken with current owners??
The TLA has no exception clauses, it states that the team owns a 100 mile radius. It appears that all teams signed the same TLA. I seriously doubt the CT team knew about a NY or Boston team at anytime before May, and Josh's statement that Bryan Ricci helped bring on NY is ridculous. Take the comment from Josh Moore as one to save face. he CT Consitituion is one of the top teams of the League and has invested both time and money in his team and developing a fan base and recruiting players from NYC. If he thought another team was going to be in NYC do you think he would have done this? Most of the teams in the AUDL have invested money to build their teams and build the league into something. It does not appear that Josh Moore is much of a business man, he isn't investing in his own league and supporting the 8 teams that are his bread and butter. He seems more concerned about selling teams and making money. This is egg on the league and there is more egg to come. I project that most teams will not be back for another year. Of the new teams, I expect a 40% fairlure rate and that is off pure statistics. If Josh was smart he would do something to hold on to what he currently has.
ReplyDeleteSince you have knowledge of the TLA, is the 100 mile radius from the home office, the location that they play, some arbitrary central location in Connecticut?
ReplyDeleteBy Bryan Ricci's own admission on the Cranes Weekly podcast, only 2 boroughs of New York City are within the 100 mile radius. That doesn't mean that a New York team could establish itself just outside of that perimeter in one of the other 3 boroughs and still call itself a team from New York City?
The TLA and an analysis are public!
ReplyDeletehttp://ultiworld.com/wordpress/?p=175