Attorney General Dave Yost argues that the case belongs in a state court, citing the state law at issue. The Browns contend the law is unconstitutionally vague and require a federal court's review.
A new court filing by Ohio’s Attorney General is asking a federal court to dismiss the Cleveland Browns ' Modell Law lawsuit, claiming this is a state-issue that needs to be resolved by a state court . In the motion, Attorney General Dave Yost requests the federal court abstain from the case “until the unanswered questions of state law upon which it is premised can be decided by an Ohio court”.
Essentially, Yost is claiming that, because it is a state law being discussed, a state court should hear the arguments surrounding it. In the Browns initial lawsuit, they claim a federal court is needed as they believe the Modell Law is “unconstitutionally vague”. Vagueness of a state law is handled by federal courts. The motion filed today establishes why AG Yost believes the Modell Law is not vague. According to Yost, the Modell Law does not qualify as being considered “vague” due to the fact that the law is clear on what the Browns would need to do to be Modell Law compliant. Yost says directly that “a person of ordinary intelligence would understand what Ohio Revised Code § 9.67 (the Modell Law) requires of the Browns before the Team abandons its tax-supported facility and begins playing the majority of its games elsewhere'.This motion to dismiss comes a day after the City of Cleveland filed a lawsuit against the Browns, asking the court to force the team to abide by the Modell Law. The city of Cleveland filed a motion to dismiss late Wednesday, according to the United States Northern Court District records
MODELL LAW CLEVELAND BROWNS OHIO ATTORNEY GENERAL FEDERAL COURT STATE COURT
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