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The city of Philadelphia was able to get a court-appointed stay in a lawsuit on Friday against the Philadelphia Union.
The case was filed in federal court by David Mears, the city’s attorney, in support of the city’s claim that Philadelphia City Hall violated the First Amendment when it voted last month to build the arena the Union owned instead of paying for it. Mears filed a lawsuit last year for allegedly misappropriating 35 million in public funds, then using the funds to pay for a new ballpark.
The lawsuit names the Union president, the city’s general counsel, the NFL executive director, the City Councilman, and Mayor Ed Koch, a longtime ally of the Union president. It also names David Mears, an activist with the National Football League’s Philadelphia Eagles, who oversaw the team construction, and the union’s general counsel, Patrick Boulton. It also is the first legal effort by Mears and Boulton to challenge a resolution in the city’s Supreme Court that the Union would lose its appeal.
The mayor’s attorney, Charles Gaffney, told PhiladelphiaVoice on Friday that they would like to keep moving forward.
Read more How long will it take to win a case challenging the city’s anti-union voting rights laws
The city’s lawsuit was filed on April 10, 2013. It was first revealed in the Guardian on December 19, 2013, by city Attorney General Eric Schneiderman. The suit claims the city will continue to withhold money it needs as it fights an illegal referendum that was first taken to the streets by the City Council and City Councilmen on April 9, 2011. Although Philadelphia Mayor Michael Nutter, Nutter’s wife, had already sent in affidavits in the lawsuit, it is now the mayor’s turn to sue.
The lawsuit alleges that the city’s use of the money stolen from the Union, after a number of lawsuits failed to materialize, was unconstitutional, unconstitutional in violation of the First Amendment to democracy, and discriminatory.
The plaintiffs are asking that the City Council act on the lawsuit and act in accordance with its decision. It is also asking that the city immediately stop building the Union’s stadium and return them to its original property as an agreement.
Philadelphia will also keep the use of public funds
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