A proposed ballot referendum petition aimed at repealing public funding for a new Major League Baseball (MLB) stadium in Las Vegas has been rejected by a Carson City judge. 

Nevada Judge Deems A’s Stadium Ballot Initiative ‘Legally Deficient’

The ballot initiative, challenged by the teacher union-led political action committee (PAC) known as “Schools Over Stadiums,” sought to ask voters whether to approve or reject $380 million in public financing for a $1.5 billion, 33,000-seat stadium on the Las Vegas Strip, intended to be the new home for the relocated Oakland A’s.

During the hearing, Judge Russell emphasized that the issue at hand was the adherence to state law governing the referendum process, reported The Nevada Independent. He pointed out that the petition’s description of the measure’s effect was unclear. Russell further stated that the referendum petition was legally deficient because it did not provide the full text of the measure when gathering necessary signatures, as mandated by the Nevada Constitution.

The ruling means that the “Schools Over Stadiums” PAC can either submit a new referendum petition or appeal the decision to the Nevada Supreme Court. However, any signatures gathered under the rejected petition would be invalidated.

Representatives from the PAC expressed their intention to appeal the decision, indicating their resolve to continue the legal battle. Chris Daly of the Nevada State Education Association, the teachers’ union sponsoring the petition, stated that it seemed they would have to appeal to the Supreme Court or refile their petition.

MLB Owners Await A’s Relocation Decision Amidst Stadium Funding Concerns

The rejected petition, if successful, would not have prevented the A’s from relocating to Las Vegas. Instead, it would have increased team owner John Fisher’s share of the stadium costs, currently standing at $1.1 billion.

In October it emerged that Gaming and Leisure Properties (GLPI), a real estate investment trust, is reportedly considering increasing its investment in the Las Vegas baseball stadium to be built on the site of Tropicana Las Vegas. The $1.5 billion project, supported by the Nevada government, has received $175 million from GLPI.

Meanwhile, MLB owners are expected to approve the A’s planned move during their upcoming winter meetings in Arlington, Texas. MLB Commissioner Rob Manfred had previously emphasized the significance of the referendum’s outcome, indicating that any adverse development related to the referendum would be of great importance.

The new MLB stadium will be constructed on the site of the Tropicana Las Vegas casino, which shall have to be demolished as soon as late 2024. The stadium, primarily funded by the Oakland A’s with a cost of around $400 million, aims to be ready for the 2028 season.

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In a groundbreaking move aimed at protecting minors from the influence of sports betting, Massachusetts regulators voted on June 29 to require sportsbooks operating within the state to incorporate age warnings on their logos displayed inside sports venues. 

New Regulation in Massachusetts Requires 21+ Warning on Sportsbook Logos in Arenas

The Massachusetts Gaming Commission (MGC) approved the policy change in a close vote of 3-2, after several months of extensive deliberations and public feedback. Under the new regulation, sportsbook operators will be given a 90-day grace period to comply with the requirement once it is officially published.

The mandate primarily targets standalone logos for sportsbooks in sports arenas, where minors are more likely to come across such branding. Popular venues like Boston’s Fenway Park will now be required to prominently display the age restriction warning to all spectators.

Sportsbook advertisements in Massachusetts already carry a disclaimer stipulating that individuals must be at least 21 years old to participate in sports betting. The newly passed change extends this requirement to standalone logos displayed at sports arenas. To comply with the new rule, sportsbook operators can simply add a clear “21+” label to their logos.

However, the mandate comes with certain limitations. It applies solely to fixed signage within sports arenas and does not encompass logos featured on apparel, letterhead, or business cards. Additionally, it does not extend to other public displays of a sportsbook’s logo, making the focus strictly on sports venue advertisements.

Massachusetts Sportsbook Logo Rule Puts Fanatics in a Bind

Among the companies significantly affected by this rule change is Fanatics, a well-known brand that utilizes the same logo for both its sportsbook and apparel business. To conform to the regulation, Fanatics will either need to design a separate logo exclusively for its sportsbook or add a “21+” disclaimer to all instances of its logo within stadiums if it chooses to maintain a unified brand image across all its products.

The commission’s decision to implement this new requirement garnered support from Commissioners Eileen O’Brien, Nakisha Skinner, and Jordan Maynard. However, Chair Cathy Judd-Stein and Commissioner Bradford R. Hill opposed the move. Judd-Stein expressed concerns about the potential effectiveness of the rule in deterring young people from engaging in sports betting and emphasized that Massachusetts is diverging from the approaches adopted by other states.

Nevertheless, the majority prevailed, with the commission emphasizing its commitment to protecting vulnerable age groups from exposure to gambling-related marketing in the sports arena. The move is expected to set a precedent for other states to follow suit in prioritizing the safeguarding of minors amidst the growing popularity of sports betting across the country.

The MGC keep striving to make gambling safer in the state with various initiatives. In April, it announced plans to involve sportsbooks in providing data to support research on gambling addiction and responsible gambling, while in March it introduced a voluntary self-exclusion program.

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The Nevada Independent reported on Friday that a bill was to be introduced that day into the state Senate outlining the amount of state funding lawmakers were willing to tentatively commit to funding a new stadium for the Oakland A’s MLB baseball team on land provided by Ballys’ Tropicana Las Vegas. The nine-acre plot is part of 35 acres owned by GLPI and leased for 99 years by Bally’s. The proposed stadium and entertainment site sits on a contiguous plot of land along with the casino resort hotel.

A financing package, capped at $380 million in public funds was proposed later that day in the bill with those funds contributing to the overall expected cost of the project being $1.5B.

Governor’s Office Introduced the Measure

According to updates and later reporting by the news source, a good portion of the previously announced funding structure carried over from discussions to the written proposed legislation. The draft, seen by reporters there prior to being introduced at the capitol was the first glimpse in writing of the scope of a potential financing agreement that includes $120m from Clark County (where Paradise, Nevada “The Strip” is located), and $180m in tax credits (transferable) by the state.

The Governor’s office itself introduced Senate Bill SB509 which foresees the management of a Stadium Authority undertaken by a 9-member board. The Stadium Authority itself has been authorized since 2016 and the venue it oversees and manages would reportedly be named Allegient Stadium.

Since no new revenue-based funding would be needed, only transferable tax credits, a simple majority vote in both houses of Congress, and a signature by Governor Joe Lombardo who has been in office since January of this year is all that is needed for the measure to become law. A more detailed look at the tax credits shows them to consist of tax-increment financing (TIF district) to repay county bonds and a 30-year-long exemption from taxes. GLPI/Bally’s would allow the use of the property for zero fees and create their own revenue from it by means other than rent or lease costs to the Stadium Authority or ball club.

The ball club itself would be responsible for any over-runs in costs, rather than the county or state, and the property tax exemption would be separate from the private portion of the funding needed to bring the project to fruition.

Adding to the public good and mitigating any potential unseen impacts of the deal, the measure would require the county to create a “resort corridor homelessness prevention and assistance fund”. There would be no financial input from the Authority of the project until construction is completed and then only after debt obligations are met. It would be managed by a partnership with the Nevada Resort Association and the Oakland A’s and will seek to reduce homelessness throughout the Southern Nevada resort corridor.

The corridor, which includes the Las Vegas and Reno areas, has a higher homeless rate than the national average with the Reno area suffering the greatest incidence count between the two. However, it has recently been estimated that as many as 1,500 people live “like moles” beneath the Strip area in tunnels mostly to escape the heat.

Unhoused Population Would Get Help from Funding Scheme

Stated reasons for the higher homeless rate include inflation, high rent, and unemployment. Direct studies of problem gambling and homelessness by causation are few and far between. While the number of homeless people in Nevada could be 3x as many as the national average it’s unclear how baseball or expanded gambling at Bally’s Tropicana Las Vegas would contribute to the problem so the fund should probably be seen simply as a way for lawmakers to capture a financial opportunity to address a very real need in the area with “found money” rather than a mitigation measure.

Earlier, the athletic club had sought $500m in public funding to relocate to a new stadium in Las Vegas but abandoned that plan when the Bally’s opportunity presented itself to them, saving the public some $120m over the previous “ask”.

The Oakland A’s AAA Farm Team, the Las Vegas Aviators of the Minor league have been in the valley as Oakland affiliates since 2019 with the club’s origins in the valley going back to 1983 as the Aviators and under other names, affiliations, and locations since 1919. The Oakland A’s have been seeking a move from California to Las Vegas since at least September 2021 amid trouble securing a new stadium in Oakland. The current arena was first opened in 1966 and last renovated in 2017 after only one other refurbishment in 1995-1996.

The Independent reports that all is not a smooth slide to home base with the deal as the Republican governor and Democratic lawmakers are struggling to address overall budget issues with less than two weeks left in the regular legislative session. Senate leaders and the governor have seemingly used stadium approval as a bargaining chip to get their way. It’s not out of the question for a special legislative session to be called to extend lawmaking business, but it’s unclear if the stadium proposal would survive such a measure or if the governor might try to use his veto power on individual segments of the state’s budget in an attempt to exert power of the Democratic lawmakers or simply keep the government running.

Fast Tracking of Bill Possible

However, special legislative rules do allow for the fast-tracking of certain bills, bypassing the regular parliamentary (bureaucratic) process and allowing lawmakers to amend important measures much quicker than normal. As the measure was introduced in the Senate it would presumably be passed there, be forwarded to the House for approval, and then arrive on the Governor’s desk for his signature or veto.

Source: A’s stadium bill language arrives, caps public financing at $380M, The Nevada Independent, May 26, 2023

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