LAS VEGAS (KTNV) — The Oakland A's could be facing another hurdle towards moving to Las Vegas.
On Tuesday, officials with Schools Over Stadiums said they're planning on filing a lawsuit after "looking deeper into conflicts between the language of Senate Bill 1 authorizing the stadium deal and the Constitution of the State of Nevada".
According to the group, they believe the bill violates at least five sections of the state Constitution and the bill should be either partially or fully invalidated. Examples include an affirmative vote of no fewer than two-thirds of elected members of each House, no money drawn from the treasury, all laws should be general throughout the state, debts should never exceed 2% of the assessed valuation of the State, and State shall never assume debts unless debts have been created to provide for the public defense.
Schools Over Stadiums is a political action committee that was formed in June by Nevada teachers who are against using public funds for a new Las Vegas ballpark, if the Oakland A's get permission to move the team to the valley. In June, Gov. Lombardo signed SB1 into law, which set aside up to $380 million in public funds for a new Major League Baseball ballpark.
"Nevada's priorities are misguided and public funds should not go to a California billionaire for a stadium," Dawn Etchverry, a music teacher and President of NSEA and Schools Over Stadiums previously told Channel 13. "For years, Nevada educators have been issuing an SOS over the dire conditions in our schools. The goal of Schools Over Stadiums is to right this ship and keep the focus on Nevada's true priorities - our kids, our parents, and our educators."
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In September, Schools Over Stadiums officials filed a referendum petition to repeal that funding. They claimed that during the 82nd Legislative Session, Nevada legislators "failed to hear a single bill to reduce Nevada's overcrowded classrooms". However, the group said they were being sued by Danny Thompson, former executive secretary-treasurer of the Nevada State AFL-CIO — which represents more than 150,000 union members from 120 unions statewide — and Thomas Morley, a former union officer and political consultant who previously lobbied to bring the Oakland Raiders to Las Vegas.
Earlier this month, District Court Judge James Todd Russell ruled in favor of Thompson and Morley saying the petition for the referendum is "legally deficient" and the group would need to better explain the measure to Nevada voters. At the time, Schools Over Stadiums spokesperson Alexander Marks told Channel 13 it was a temporary setback.
"The decision was disappointing, but not uncommon," Marks said. "I like to say that educators overcome obstacles every day, especially in a state that's 48th in the nation in education funding."
In a statement given to Channel 13, Bradley Schrager, a lawyer for the coalition that includes the A's, said "Nevada voters have the right to expect ballot measures to be conducted lawfully".
Marks told Channel 13 that an appeal regarding the referendum was filed on Monday. If the appeal is successful or the referendum is refiled, the group would need more than 100,000 signatures by early July to bring the matter before voters.
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During the World Series, MLB Commissioner Rob Manfred said he was keeping a wary eye on developments with Schools Over Stadiums.
"If there was an adverse development with respect to that referendum, that would be a significant development," Manfred told reporters. "That's all I can say about that."
As for Major League Baseball's decision on whether or not to let the team move to the valley, owners are scheduled to vote on the matter on Thursday. According to a report from The Athletic, a person briefed on the report described the A's potential for success in Las Vegas as "iffy" but added there was no perceived better alternative. For the move to be approved, 75% of MLB owners would have to vote yes. However, The Athletic reports there is no one who has spoken out about not approving the move.
Oakland is also fighting to keep their team. Oakland Mayor Shen Thao sent a letter to 15 MLB owners last week outlining why they should reject the A's move. She said the city has procured the necessary funding for a new ballpark.
"The proposed funding assistance for a new stadium development is thus nearly triple the $380 million the A's have reportedly secured in Las Vegas for a much smaller stadium project," she wrote. "There is a clear path to build a state-of-the-art new ballpark here in Oakland and to do so just as expeditiously, if not more so than in Las Vegas."
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If the A's move to Las Vegas, it would be the smallest media market of any major league team. The A's also had the lowest payroll last season with $57 million on Opening Day. The team also finished the 2023 season in last place in the American League's West Division with an overall record of 50-112.
The A's lease in Oakland ends at the end of the 2024 season. If the A's proposed ballpark gets the green light, the new stadium wouldn't be completed before the 2028 season and the team hasn't announced where they plan to play in the meantime.
Manfred is scheduled to host a press conference on Thursday following the vote.