Raiders Tell Supreme Court They Never Owned Los Angeles

(April 23, 2001) -- Commissioner Paul Tagliabue returned to the witness stand Monday for a second time as the Raiders trial began its seventh week in Los Angeles.

The Commissioner testified that Al Davis had reviewed -- and edited -- a series of League documents regarding the Raiders’ move back to Oakland prior to their public distribution. Tagliabue made all of Davis’ requested edits. Davis let stand a proposed sentence stating that "in the Raiders view" the Hollywood Park project was very attractive "for an NFL team (or teams)."

This statement is in direct conflict with the position that Davis now takes in this case that two teams at a Hollywood Park stadium would have been "suicidal."

This edited statement was included in a League press release that was distributed on June 23, 1995 - the same day the Raiders announced they had chosen to take a lucrative deal to return to Oakland.

Tagliabue also refuted the Raiders’ claim that an option to have a second team at the stadium killed the proposed Hollywood Park deal. The Commissioner confirmed that neither Davis nor Hollywood Park officials complained at the time about the terms of the second-team option. Rather, Tagliabue testified that Davis was more concerned that the Raiders might have to play three more seasons in the "inadequate" Los Angeles Coliseum before the Hollywood Park stadium would open. The Raiders did not want to face that prospect and, instead, took the Oakland deal which included $64 million in upfront money.

Commissioner Tagliabue also testified that the Raiders themselves previously have admitted in documents filed in federal court in the 1980s that they did not own the rights to the Los Angeles market. Rather, the team simply had a right to the "Los Angeles Coliseum opportunity," according to these documents. However, Davis in this case now asserts that his team "owns" the exclusive rights to the entire Los Angeles market despite the fact that the Raiders play in Oakland.

The Raiders position on exclusive rights to team territories has not always been consistent. For example, Tagliabue cited the Raiders’ move to Los Angeles (then-home of the Rams) in the early 80’s. In connection with that move, the Raiders denied at the time that the Rams had territorial rights in Los Angeles or that the League needed to vote on whether to place a second team (i.e. the Raiders) in Los Angeles.

Asked by NFL attorney Allen Ruby whether the Raiders prior to this trial believed in territorial rights, Tagliabue said, "No. The Raiders have said there are no exclusive territories under the League’s franchise agreements."

Tagliabue also testified -- as he did several weeks ago in his initial testimony -- that Davis told him in a June 9, 1995 telephone conversation that the Raiders were going to accept the Hollywood Park deal and that it would be announced at a press conference the next day (June 10). However, the planned press conference was cancelled when Davis demanded a last-minute payment of $8 million to close the deal.

After the Commissioner finished his testimony late Monday, the jury was told that Tuesday will be the last day of trial testimony. Jury instructions will be given on Wednesday and closing arguments will occur on Thursday and Friday of this week. Under that schedule, the jury will begin deliberations Monday, April 30.