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June 9, 2005

Accord reached in athletic ticket suit

Pitt’s Department of Athletics and a group of men’s basketball season ticket holders have reached a settlement in a class action lawsuit involving a re-seating policy.

Under the settlement, affected ticket holders would be able to retain their current seats for the next five seasons if they meet specified donor levels.

The athletics department policy, part of the “Quest for Excellence — The Campaign for Pitt Athletics” fund-raising effort announced in February, seeks to pump up revenues by increasing the number of donor-based seats in the Petersen Events Center and re-assigning those seats annually based on a “priority points” formula that emphasizes athletics donor giving.

(See Feb. 17 University Times.)

Last year, to purchase season tickets for about 18 percent of the 12,500 seats in The Pete required a minimum donation to the Panther Club (formerly Team Pittsburgh). Those donor-based seats were confined to club, loge and VIP seating.

When Pitt announced its intent to re-seat season ticket holders’ seats in some general seating areas, a class action suit was filed by plaintiffs represented by the law firm Stember Feinstein Krakoff.

John Stember, a partner in the firm and a basketball season ticket holder, told the University Times following the re-seating policy announcement that he believed Pitt was in breach of contract by reneging on a promise issued in a 2000 ticket solicitation brochure. That brochure states: “By maintaining or increasing your level of annual support to Team Pittsburgh and purchasing [men’s basketball] season tickets each year, you will guarantee your right to the same seats.”

The settlement, announced on May 31, gained preliminary approval from the Allegheny County Court of Common Pleas from the presiding judge, the Hon. Robert P. Horgos, who has scheduled a hearing for July 5 to consider final approval.

Under the proposed settlement, season ticket holders in the general seating areas who meet defined criteria, that is, who have maintained or increased their level of annual support to Team Pittsburgh/Panther Club, will have the opportunity to retain their current seat locations through the 2009-2010 season by making additional minimum contributions, according to statements released by the athletics department June 3.

Specifically, the agreement covers the group defined as: Team Pittsburgh/Panther Club members who purchased men’s basketball season tickets in the general seating areas from 2002 (the first year basketball was played in The Pete) to the present and who:

• Maintained or increased their annual donations to Team Pittsburgh/Panther Club every year from 2002 through 2004, or

• Donated to Team Pittsburgh/Panther Club in 2002, 2003 and 2004 and whose annual donations in 2003 and 2004 were equal to or greater than their 2002 donation, or

• Donated to Team Pittsburgh/Panther Club in 2001, 2002, 2003 and 2004 and whose annual donations in 2002-2004 were equal to or greater than their 2001 donation, or

• Donated to Team Pittsburgh/Panther Club in 2000, 2001, 2002, 2003 and 2004 and whose annual donations in 2001-2004 were equal to or greater than their 2000 donation.

All other season ticket holders who do not meet any of the above criteria are subject to the seat re-assignment plan, the settlement agreement states. Plaintiffs who wish to opt out of the agreement and participate in the athletics department seating policy may do so by notifying athletics in writing.

In order to receive the seat retention benefits of the settlement agreement for the upcoming season, required donations are due to the Panther Club by July 15.

Under terms of the agreement, Pitt agreed to pay the plaintiffs’ $35,000 attorney’s fees. But the agreement absolves Pitt of any legal wrongdoing and protects Pitt from any future litigation regarding the re-seating plan.

Pitt athletics director Jeff Long issued a statement on June 3 that said in part: “Although we firmly believe Pitt athletics already is living up to its past commitments, there was some misunderstanding about those commitments. Our goal is to generate additional funds to provide student-athletes with the best opportunity for academic and athletic success, while also rewarding fans who have maintained or increased their contributions to support our growth.

“With the deadline for donations approaching, the Panther Club will be sending members a preview by mid-June of how the seating plan for the Petersen Events Center is shaping up based on the priority points ranking of its active members,” Long’s statement added.

Documentation related to the class action lawsuit is linked to the Stember Feinstein Krakoff web site (www.sfklaw.net).

—Peter Hart


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