In case you missed it, Aaron Gordon had a good overview at Vice Sports yesterday of stadium state-of-the-art clauses and how they screw over taxpayers, citing me lots. In particular, Gordon noted that one of the big problems with these clauses — which tons of local governments continue to agree to — is that “state-of-the-artness” is a legally fuzzy concept:
According to the Rams’ lease, such things are measured by at least 15 different components: “everything from luxury boxes to club seats, lighting, scoreboards… regular stadium seating, concession areas, common areas (such as concourses or restrooms), electronic and telecommunications equipment,” as well as locker and training rooms, and the field itself.
But, according to an analysis by Kristen E. Knauf in the Marquette Sports Law Review, this doesn’t provide much clarification. What is state-of-the-art lighting? How does one rank NFL locker rooms? Does a state-of-the-art concession area mean better food, shorter lines, Apple Pay compatibility? The lease doesn’t provide any details. It’s up to an arbitrator to decide, and that arbitrator just so happened to side with the Rams in 2005. That triggered negotiations for a $30 million stadium upgrade, which was completed in 2009.
It’s worth a read, especially if you’re a local government official who is considering signing one of these clauses. In fact, if you happen to be standing near a local government official, consider printing this out and smacking them upside the head with it. History will thank you.