Sunday, October 9, 2005

Saints May Never Go Back To New Orleans

Report: Clause could allow team to leave New Orleans Posted: Friday October 7, 2005 6:52PM; Updated: Friday October 7, 2005 6:52PM

              could the Alamodome be the Saints' permament home?

SAN ANTONIO (Ticker) -- The effects of Hurricane Katrina could see the New Orleans Saints leave the Crescent City for good as a result of a clause in their contract with the Louisiana Superdome, according to a published report.

The San Antonio Express-News reported Friday that talks are ongoing between attorneys for Saints owner Tom Benson and the Superdome's controlling authority in the wake of the disaster, which caused a huge amount of damage to the 72,000-seat venue.

The damage is such that it could have opened a 90-day window under which the Saints could declare "force majeure" and void all contractual obligations with the state of Louisiana. Nov. 28 will mark 90 days since Katrina struck on Aug. 29.

The team's current lease runs until 2010, but demolition of the 30-year-old downtown facility still has not been ruled out as an option.

Force majeure is a legal term that frees parties from liability when an "act of God" such as a hurricane prevents one or both parties from fulfilling their contractual obligation.

Attorney Larry Roedel, representing the Louisiana Stadium & Exposition District which operates the dome, told the Express-News the 90-day window is almost certainly open.

"Although there may be some debate on that subject, the 90 days probably began when Hurricane Katrina struck, and we realized the dome had significant damage," Roedel said.

Attorney Phil Wittmann, who represents the Saints and Benson in Louisiana, agreed with Roedel.

"The events of August 29 would certainly fit the bill [for force majeure]," Wittmann told the newspaper. "The clock may well be ticking."

With New Orleans still in a state of crisis, neither party wants to discuss the matter at length. But even before Katrina struck, it was no secret that Benson had considered moving the team. San Antonio, where the Saints have set up a temporary home and will play three games this season, is believed to be his preferred destination.

The Saints reportedly are in the middle of a unique 10-year deal during which they receive $186.5 million for not moving from New Orleans, including $15 million this season. The city did not receive the revenue-generating 2010 Super Bowl, which was awarded Thursday by NFL owners to Miami.

Roedel also believes the state may have trumped force majeure by offering the Saints use of Tiger Stadium on the Louisiana State University campus in Baton Rouge as an alternative. The Saints will play four games there this season.

There is no indication, should they have the opportunity, that Benson and the Saints will leave New Orleans permanently. The team has the right to opt out of its deal with Louisiana at the end of this season by paying an $81 million exit penalty but would be free to leave if it could claim force majeure.

It was announced on Friday that the 2006 Sugar Bowl will be played at Atlanta's Georgia Dome on January 2.

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