I was busy trying to catch up with my TV viewing this week, plus family time, plus baseball, plus teaching…you know, life stuff…so we only did snippets of the story where a federal judge denied the rooftops’ request for a preliminary injunction:
The ruling by U.S. District Judge Virginia Kendall just days before Sunday’s home opener could mean an end to the acrimonious dispute between the team and Skybox on Sheffield and Lakeview Baseball Club. The two businesses — controlled by Edward McCarthy — sued in January claiming that the 2,250-square-foot right-field video board will block their views into Wrigley Field and destroy their businesses.
You can read the text of the 35-page ruling below, which is very much pro-Cubs and not so much anti-rooftops, but more, “Hey, did you guys even HAVE a case?!”
If you just skip to the end, though:
“Because the rooftops have failed to show a likelihood of success on the merits of their claims that the Chicago Cubs breached the license agreement and engaged in anti-competitive practices, and that the Cubs are somehow excluded from the antitrust exemption that applies to Major League Baseball, the rooftops’ motion for preliminary injunction is denied,” Kendall wrote.
Of course, the rooftops COULD just become bars with limited views into the ball park, but I guess that was never talked about in the lawsuit. Brett at Bleacher Nation, as a former lawyer, has a good rundown of the legalese involved, but in layman’s terms, the rooftops pretty much ran out of cards to play. The original lawsuit is still on, and of course the rooftops COULD appeal this decision (I assume to whichever district serves the Midwest because I doubt the Supreme Court gives a shit, but I’m not a lawyer), but the thought right now is that if the rooftops are broke-ass-broke, they’ll probably just settle.
Meanwhile, the new Jumbotron is up and running (it’s technically a Daktronics video board, but this is like calling every brand of tissue “Kleenex” by default) and the Budweiser sign in right field is up until they build a video board there, too. Opening Night is a go, even without bleachers, but at least we’ll have a shiny new big screen to look at!
— Wrigley Renovations (@WrigleyRenovate) April 3, 2015
UPDATE 1:20 PM: From Danny Ecker, it appears the rooftops are crying “Uncle” now…
Statement from rooftop owner Ed McCarthy re: yesterday’s Wrigley v. Rooftops ruling. He appears to be moving on. pic.twitter.com/ltosxPI7DJ
— Danny Ecker (@DannyEcker) April 3, 2015
I don’t think the lawsuit has been completely dismissed so they may still work out settlement, but hey, even before the season starts, Cubs win.
UPDATE 4/21 2:10 pm: Guess the rooftops have dropped their lawsuit against the city of Chicago but the one against the Cubs is still pending.