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re: Cubs win lawsuit against rooftop seating

Posted on 10/12/26 at 3:12 pm to
Posted by Dizz
Member since May 2008
16331 posts
Posted on 10/12/26 at 3:12 pm to
quote:

Cubs are right if he's charging for the seats.



I would disagree; this is essentially extending a property right well past your property line. On the flip side, the rooftop owner is now limited in how he can use his property. I didn't read the decision, but apparently, the judge had to cite precedent from a case with the Pirates from the 30s. This should be an interesting one to watch on appeal.
Posted by Crow Pie
Neuro ICU - Tulane Med Center
Member since Feb 2010
28101 posts
Posted on 10/12/26 at 3:34 pm to
quote:

Some of us are old enough to remember in the late 1970s and early 1980s when WGN was first on cable tv the rooftop viewing was really a mom and pop operation.
Yep. WGN in the early days was a hoot. Harry Carey and Steve Stone made me a Cubs fan because there was no team in NOLA and I couldnt like the Braves because of the Saints.
Posted by CatfishJohn
Member since Jun 2020
24038 posts
Posted on 10/12/26 at 3:44 pm to
If he stopped charging for the seats and just charged for booze and food, would they still have a case to shut it down?

Posted by BFANLC
The Beach
Member since Oct 2007
25162 posts
Posted on 10/12/26 at 3:53 pm to
Said he needed to halt ticket sales to the viewing area so not sure how specific the court order is.
Posted by Tiger Prawn
Member since Dec 2016
26938 posts
Posted on 10/12/26 at 4:01 pm to
Just advertise it as a cover charge for access to the roof top bar that happens to have spectacular views of the city without mentioning anything about the Cubs or baseball.
Posted by WhiteMandingo
Member since Jan 2016
8393 posts
Posted on 10/12/26 at 4:24 pm to
Nope just make it an all you can eat or drink ticket with a view of Wrigleyville.
This is the shite that pisses me off.
frick the cubs for being cheap fricks
Posted by Ed Osteen
Member since Oct 2007
59512 posts
Posted on 10/12/26 at 5:14 pm to
quote:

Are you saying the home owners are only allowed to look to the south during non-game times? And what about the flipside: are all the Cub fans in Wrigley allowed to look at their roof?


Do you not understand the difference?
Posted by theballguy
A negabama in HSV
Member since Oct 2011
45738 posts
Posted on 10/12/26 at 5:39 pm to
quote:

ever heard of zoning laws, HOAs, covenants, etc?



Exactly.

It's an immature mind who thinks he can thumb his nose at the law and doesn't believe he can have everything struck down if he tries to get cute and skirt the law.

Same thing as throwing rocks and hiding your hands.

The law is ultimately never mocked.
Posted by theballguy
A negabama in HSV
Member since Oct 2011
45738 posts
Posted on 10/12/26 at 5:40 pm to
quote:

Just advertise it as a cover charge for access to the roof top bar that happens to have spectacular views of the city without mentioning anything about the Cubs or baseball.



As if a judge has no clue what you would be up to if you did this. You people are really stupid.
Posted by theballguy
A negabama in HSV
Member since Oct 2011
45738 posts
Posted on 10/12/26 at 5:41 pm to
quote:

If he stopped charging for the seats and just charged for booze and food, would they still have a case to shut it down?



Yes, because they know exactly why you're doing it.
Posted by MasterDigger
Member since Nov 2019
3556 posts
Posted on 10/12/26 at 8:45 pm to

Cover charge, equipment rental (food trays), and catering fees are all mandatory.

Seats are free



Posted by baldona
Florida
Member since Feb 2016
24764 posts
Posted on 10/12/26 at 9:11 pm to
This seems like a very slippery slope. I was in NYC for the st paddy day parade and people watched it everywhere from all kinds of offices.

I get why the cubs want money, but I don’t see how you can charge someone to watch your open product from their own private property? If you build 5 stories high and I can build 10 stories high, how is that illegal?

Should people be charging the Sears tower (yeah yeah whatever it’s called) for viewing whatever you can see from there?

Is the golf tournament at pebble beach or anywhere on the water charging people somehow to view from public waterways?
Posted by honeybadger07
The Woodlands
Member since Jul 2015
4650 posts
Posted on 10/12/26 at 9:59 pm to
So put some TV’s out there and pay for the streaming service.

No different than what a bar does, they just have a better view.

Posted by nola tiger lsu
Member since Nov 2007
7760 posts
Posted on 10/12/26 at 10:57 pm to
quote:

It was quaint when people just hung out on the roofs. Since it's just another business now he's no different than a sports bar hacking a livestream. The Cubs own the content and they can charge what they want. He can choose to pay it or not. Sucks for the roof guy but that's business.


Agreed.
Posted by cubsfan5150
NWA
Member since Nov 2007
19397 posts
Posted on 10/12/26 at 11:35 pm to
quote:

I don’t see how you can charge someone to watch your open product from their own private property? If you build 5 stories high and I can build 10 stories high, how is that illegal?


If you read the verdict, my understanding is the line was crossed once the rooftop owners started charging folks to watch the game.

When I was a kid, watching WGN, they’d show people standing in the rooftops watching all of the time.

I think it became an issue when the seats were built and people were charged.
Posted by RemouladeSawce
Uranus
Member since Sep 2008
19063 posts
Posted on 10/13/26 at 3:17 am to
quote:

the rooftop owner is now limited in how he can use his property
He didn’t lose because he wasn’t entitled to use his own property. He lost because owning property doesn’t give you immunity from violating others’ commercial rights. Conduct that would otherwise be unlawful doesn’t become lawful simply because it takes place on your own property

IL misappropriation test
1. Investment - the Cubs made significant investment to produce games at Wrigley
2. Competitive exploitation - the rooftops owner profited from those games without any contribution to production costs, directly competing with the authorized viewing options
3. Commercial harm - he diverted potential revenue away from the Cubs

I appreciate the colorful opinions in this thread about what can and can’t be done on one’s property but this is pretty straightforward
Posted by chalmetteowl
Chalmette
Member since Jan 2008
56063 posts
Posted on 10/13/26 at 3:59 am to
quote:

without any contribution to production costs,


Arguable

The Cubs make the neighborhood more valuable to be in, making the guy’s property taxes more than they would be elsewhere. By paying them, he pays more of a share of the city infrastructure required to put on Cubs games than others
Posted by bluestem75
Dallas, TX
Member since Oct 2007
5680 posts
Posted on 10/13/26 at 4:08 am to
Here’s the issue I have with this.

The organization had no issues with people not buying a ticket and watching games from rooftops for decades. Now, the Cubs have secured ownership of 11 out of the 15 rooftops. Any further takeover of rooftops sets up a monopoly. The Cubs shouldn’t get to ignore people “stealing” their product for decades and then suddenly cry foul when they see how profitable it can be.

The best solution is for the Cubs to erect a barrier or screen on stadium property to block the view. But they don’t really want to do that. They want to strong arm the rooftop owner out of business so they can then offer him peanuts to buy out the property then run it themselves.
Posted by RemouladeSawce
Uranus
Member since Sep 2008
19063 posts
Posted on 10/13/26 at 4:43 am to
quote:

Arguable The Cubs make the neighborhood more valuable to be in, making the guy’s property taxes more than they would be elsewhere. By paying them, he pays more of a share of the city infrastructure required to put on Cubs games than others
But those higher property taxes are derived from the higher property values you’re arguing the team is responsible for

Freeloading recurring profit AND property appreciation? What a model
This post was edited on 10/13/26 at 4:47 am
Posted by RemouladeSawce
Uranus
Member since Sep 2008
19063 posts
Posted on 10/13/26 at 4:54 am to
quote:

The organization had no issues with people not buying a ticket and watching games from rooftops for decades. The Cubs shouldn’t get to ignore people “stealing” their product for decades and then suddenly cry foul when they see how profitable it can be
There’s nothing conflicting about the team’s position over time though

People watching for free was and has been cool with the team. It’s also completely legal to do so and the Cubs have no claim. Of course they have no interest in that fight. It’s never even been a large population

People charging others $200/pop for that same view however is neither the same scenario nor legal on an unauthorized basis
This post was edited on 10/13/26 at 4:58 am
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