County leaders say suing Sonics isn't the solution

On the day NBA owners officially approved the Sonics' relocation to Oklahoma City and Seattle Mayor Greg Nickels vowed to continue the legal fight to bind the team to the final two years of its KeyArena lease, several other area political leaders said the city should begin working with the NBA if it wants a long-term solution.

NBA Commissioner David Stern announced Friday a 28-2 vote by league owners that will allow Sonics Chairman Clay Bennett to take his team and run as soon as it's legally clear of a KeyArena lease situation now headed for federal court in June. Paul Allen of the Portland Trail Blazers and Mark Cuban of the Dallas Mavericks were the only owners voting against the move.

King County Executive Ron Sims and King County Councilman Pete von Reichbauer both said Nickels and the city's legal team are heading down the wrong path if they insist on duking things out in the courtroom with the NBA. Stern suggested any legal fight would slow the city's chances of getting a replacement team.

"Sen. (Slade) Gorton and the mayor are determined to exact whatever pound of flesh is possible, and they will, and then the team will leave whenever the court determines," Stern said. "And that will be it, period. We're always open to discussions. We've had many behind closed doors with certain components of the community in an ongoing attempt to see if we could have this team stay, all with the encouragement of Clay Bennett on behalf of the Sonics.

"It just wasn't to be."

For his part, Bennett said he'd done everything possible to make things work in Seattle and remains hopeful for a negotiated lease buyout.

"I know this is very difficult for Seattle and I appreciate the history and the fans and the people connected," Bennett said. "But decisions have been made and the path is clear as to what's going to take place in the next two years. Let's find a way to dial it down and get something productive on track."

But Nickels waved off the league's overtures as well as some sharp criticism from Stern about the "scorched earth policy" being employed by Seattle and former Senator Gorton, who is leading the city's legal defense.

While Nickels said he plans to continue the legal fight to keep the Sonics for two more begrudging years, several other area political leaders believe the city should begin working with the NBA if it wants a long-term solution.

"You have to consider the source," Nickels said. "We're in litigation. The other side is going to say what they think they need to say to punch holes in our case. I think it shows that they have a pretty weak case.

"We're focused on winning that litigation and keeping the team here."

Even a court victory would only guarantee another two years of Sonics basketball in Seattle, however, after the NBA's Board of Governors approved the move pending resolution of a U.S. District Court trial to determine whether the Sonics are required to play out their lease in KeyArena or if they can instead fulfill terms of the lease financially.

Von Reichbauer, who helped broker a solution between Allen and Ken Behring to keep the Seahawks in Seattle in 1996, says this situation requires more diplomacy and less dart-throwing.

"Every politician in the state has finally come together on this for the first time," said von Reichbauer of Federal Way, "but they're all throwing grenades. I don't see anybody throwing solutions. If we want an NBA team here, the only way is to work with the board of governors -- and that includes Clay Bennett and the commissioner -- in finding a solution."

Both county politicians say Nickels would be wise to consider a negotiated financial settlement that would allow Seattle to keep the Sonics' name and history while allowing Bennett to buy out the final two years of his KeyArena lease.

Bennett expressed hope the two sides could meet to discuss a settlement, but Nickels, when asked if he expected an increased buyout offer, said, "I don't really care." The city rejected a $26.5 million offer two months ago.

"The mayor has his case and he feels strongly about it," said Sims. "I would just hope we'd adopt a longer-term approach. If we beat them up (in court) for two years, the league will never look favorably on this community. After they leave, it will be decades before anybody pays attention to us again because the league will not be forgiving."

Bennett has already made one $26.5 million buyout offer that was rejected by the city and said again Friday he would like to leave the team's name and records in Seattle for a replacement team to use at some point, if things can be worked out.

Stern said the Sonics are losing $30 million a year playing in KeyArena, which would indicate any settlement less than $60 million would save Bennett money if he could escape the final two years of the lease.

The Oklahoma City ownership group has already paid $350 million for the team, is on the hook now for a $30 million relocation fee and could lose as much as $120 million over its four-year Seattle ownership if forced to stay through 2009-10.

That doesn't include legal fees and money Bennett spent promoting a new arena in Seattle, which he said was in the "millions."

Bennett would love to work out something with the city to allow an immediate departure.

"Step one is I'm hopeful we can re-establish communications and have some kind of platform to have a meaningful, principled conversation," Bennett said. "We're certainly nowhere near that today, but I am very much open to that."

Stern criticized Nickels and Gorton for their "scorched earth policy" in terms of the impending legal battle, which Gorton is heading with his K&L Gates law firm.

Stern noted his approach with the Hornets' relocation from Charlotte, N.C., to New Orleans after the 2001-'02 season was much different, as the NBA promised Charlotte an expansion team to play in a new arena two years later after city leaders promised "to move mountains" to make things work.

The Charlotte Bobcats began play in the 2004-'05 season.

In Seattle's case, the city is talking only of fighting the team's departure in court. Nickels said a victory in the June federal trial would give Seattle two more years to find solutions, but von Reichbauer noted that buying time doesn't buy a team.

"I've said from the start, you can be mad at the Oklahoma ownership, but once you start demonizing them, you make it impossible to negotiate with them," von Reichbauer said.

"One of my greatest fears has taken place. The current leadership has demonized not only the ownership, but the NBA. And while that might in the short term be good political cover, it does not ensure an NBA franchise for this region for the long term.

"I'm hoping we can de-escalate the volatility of the comments and focus on areas we can work together. It's our best shot."

Sims refers to the "Cleveland Browns strategy" wherein Cleveland accepted a legal settlement to keep the Browns' legacy in its city after owner Art Modell decided to move the team to Baltimore in 1996.

The NFL then awarded Cleveland a new franchise three years later after it built a new stadium.

"You're not going to stop them from moving. That's just a fact," said Sims. "But what we can say is, here's a huge history and a lot of good will. This is a Sonics town. We want the Sonics. What will be the process that eventually gets us players again in those Sonics uniforms? That to me would be a far better negotiation and I hope it happens."

Sims believes Seattle business leaders will step forward once the Sonics depart and have added motivation to build a new facility to bring back a team. If so, von Reichbauer said it'll still be critical to have a good relationship with the league.

"Although Kevin Costner said (in the movie "Field of Dreams"), 'If you build it they will come,' not all movies have happy endings," von Reichbauer said. "I think our happy ending will be determined by how professional Seattle is in approaching its litigation.

"Throwing grenades may keep lawyers busy and keep their billable hours up, but one should not ignore the 28-2 vote."

Von Reichbauer said the landslide decision indicated how owners always rally around each other. Seattle can try to fight that fraternity, or figure out whether it wants back in.

"I understand that a deal is a deal," Sims said of the lease issue. "The question is, is this a short-term win with a long-term loss? Or can we find a way to eventually get the Sonics back? You can say I fought the good fight, but is that helpful if we never see pro basketball here again?"

REACTION TO THE VOTE

-- Seattle Mayor Greg Nickels

"I would say none among the 30 owners questioned the good faith of Clay Bennett as the leader of this franchise and accepted his assurance that he'd acted in good faith."

-- NBA Commissioner David Stern

"My absolute feeling in that e-mail is, 'I'm a man possessed, I am only beginning. I'll do everything I can to get this done in Seattle.' There's been an enormous misunderstanding of that. ... But I was speaking about my commitment to a process in Seattle."

-- Sonics Chairman Clay Bennett, explaining e-mails that appeared to show he and his partners always intended to move the team

"I'm hoping people will take a deep breath and we get the catharsis of this process over and start focusing on a solution."

-- King County Councilman Pete von Reichbauer, R-Federal Way, calling for more diplomatic relations with the NBA

"I'm not going to talk about how many angels you can fit upon the head of a pin. Because that's a perpetual subject that gets discussed and discussed and nothing ever gets done."

-- Stern, responding to questions about the latest effort to finance a KeyArena renovation

"I operated in good faith. That will be vetted through the trial and be made clear."

-- Bennett, describing his dealings with former Sonics owner Howard Schultz