EDS: UPDATES with details.
By GENE JOHNSON
Associated Press Writer
SEATTLE (AP) -The Seattle SuperSonics may not try to escape their lease at KeyArena through arbitration, a federal judge said Monday. Judge Ricardo S. Martinez called the team’s interpretation of the contract “as errant as a typical Shaquille O’Neal free throw.”
The decision was a victory for the city and means officials may continue to seek a court order forcing the Sonics to play the next three seasons at the NBA’s smallest venue.
“The Sonics have made clear they’re attempting to leave after this coming season,” Seattle City Attorney Tom Carr said. “The city wants an order from the judge saying they cannot escape the terms of their lease.”
New Sonics chairman Clay Bennett failed to win public funding this year to build a new arena. Last month, he issued a demand for arbitration, hoping to buy out the remainder of the lease unless a deal on a new facility could be reached by month’s end.
In response, the city sued, trying to force the Sonics to honor the terms of a deal reached in the mid-1990s: In exchange for $74 million in renovations to the old Seattle Coliseum, the team agreed to play all of its home games there through Sept. 30, 2010.
The motions that landed on Martinez’s desk in U.S. District Court concerned whether the dispute between the parties should proceed through arbitration or a lawsuit.
The arguments focused on competing sections of the lease agreement, but Martinez ruled that the controlling section is Article 2, the one saying that disputes are to be settled through arbitration unless they pertain to certain subjects, including the length of the lease.
He rejected arguments from the team that the contract’s terms barred the city from going to court, and that under the language of another section – Article 26 – the team should simply be held in default and forced to pay the remaining rent if it stops playing at KeyArena, which has a capacity of 17,072.
The team’s “attempt to side-step Article II and shoot for Article XXVI is as errant as a typical Shaquille O’Neal free throw,” the judge wrote.
A lawyer for the Sonics did not immediately return a call seeking comment.
O’Neal, the star center for the Miami Heat, shot 42.2 percent from the free throw line last season.
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