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Readers: Lawsuit Against NFL Won’t Be Successful

May 17, 2017 Featured, STL Region Comments Off on Readers: Lawsuit Against NFL Won’t Be Successful
In 2012 the Rams proposed expanding the EJD across Broadway and Baer Plaza

On Friday we learned about the legal team coming to St. Louis to defend the NFL & Rams against the lawsuit filed by St. Louis:

To no one’s surprise, the NFL is sending in its “A-team” in the St. Louis breach of contract lawsuit over the relocation of the Rams to Los Angeles.

The Washington-based law firm of Covington & Burling will represent the NFL and 31 of its 32 teams, according to court records and sources familiar with the case.

The exception is the Rams, who are represented by Kirkland & Ellis, also a nationally prominent law firm but headquartered in Chicago.

 

Also representing the NFL and the 31 other teams locally is Jerry Carmody of Clayton-based Carmody MacDonald. (Post-Dispatch)

The case is filed in St. Louis Circuit Court (22nd): 1722-CC00976 – STL REGIONAL CONV ET AL V NATL FOOTBALL LEAGUE ET.  (find on CaseNet)

In the recent non-scientific Sunday Poll a slim majority of those who voted don’t think the lawsuit will be successful.

Q:  Agree or disagree: St. Louis’ lawsuit against the Rams/NFL will recoup millions spent trying to keep the team here.

  • Strongly agree 9 [16.67%]
  • Agree 5 [9.26%]
  • Somewhat agree 7 [12.96%]
  • Neither agree or disagree 3 [5.56%]
  • Somewhat disagree 1 [1.85%]
  • Disagree 8 [14.81%]
  • Strongly disagree 20 [37.04%]
  • Unsure/No Answer 1 [1.85%]

The home field advantage for the plaintiffs certainly helps, but the local jurors will need to be convinced. I’m not going to say either way because it is hard to predict outcomes of lawsuits. I’m tracking the case through CaseNet — the jury trial is currently scheduled to start at 9am on Monday October 2, 2017. The case is currently assigned to Judge Michael K Mullen.

I hope they’re successful, but I can’t help but think of Metro’s 2007 court loss.  Not an apples to apples comparison — but it comes to mind as an embarrassing loss.

— Steve Patterson

 

Sunday Poll: Should Our Convention Center Be Expanded?

Please vote below
Please vote below

In February, the topic of expanding the downtown convention center came up:

The city’s convention center complex should expand to more than 900,000 square feet, half again its current size, according to a report given Thursday to the St. Louis Convention & Visitors Commission. (Post-Dispatch)

So this is the topic for today’s poll:

The poll closes at 8pm.

— Steve Patterson

 

 

Big Box Blues: Sears, Kmart, & Sports Authority

I remember trips to Sears with my mom in the early/mid 1970s, plus I’d look through the Sears catalog at home. Much of my early wardrobe was from Sears. I also remember trips to the same Sears with my dad to buy/replace Craftsman tools.  My parents had our new house built in 1965  — the same year the 160,000+ sq ft Sears store was built 2.2 miles away (map).  That Sears store is still open, and isn’t on the recent list of Sears/Kmart closures.

One Kmart in the St. Louis region was on the list last month, the Bridgeton location at 11978 St Charles Rock Rd.

The Bridgeton Kmart was built in 1991, per St. Louis County tax records
The Bridgeton Kmart was built in 1991, per St. Louis County tax records

A few years ago the Bridgeton Walmart moved to just East of this Kmart. But the Sears/Kmart closures are part of a bigger trend for these retailers:

Trying to cut its way to profitability, troubled Sears Holdings announced Thursday that it will close 68 Kmart and 10 Sears stores this summer in its latest move to cut losses.

Sears’ (SHLD) move (see the list of the stores) comes atop a previous announcement that it will close 50 other stores. Sales have been falling and Sears had a disappointing holiday sales season.

“The decision to close stores is a difficult but necessary step as we take aggressive actions to strengthen our company, fund our transformation and restore Sears Holdings to profitability,” said Sears Holdings CEO Edward Lampert in a statement. (USA Today)

From February:

Sears said Thursday that its same-store sales fell 7.1% in the fourth quarter and revenue dropped 9.8% to $7.3 billion. 

The company reported a quarterly loss of $580 million, or $5.44 per share, compared with a loss of $159 million, or $1.50 a share, the previous year. (Business Insider)

Retailing is competitive. but many put part of the blame on the libertarian leader: Eddie Lampert. From July 2013:

Every year the presidents of Sears Holdings’ many business units trudge across the company’s sprawling headquarters in Hoffman Estates, Ill., to a conference room in Building B, where they ask Eddie Lampert for money. The leaders have made these solitary treks since 2008, when Lampert, a reclusive hedge fund billionaire, splintered the company into more than 30 units. Each meeting starts quietly: When the executive arrives, Lampert’s top consiglieri are there, waiting around a U-shaped table, according to interviews with a half-dozen former employees who attended these sessions. An assistant walks in, turns on a screen on the opposite wall, and an image of Lampert flickers to life.

The Sears chairman, who lives in a $38 million mansion in South Florida and visits the campus no more than twice a year (he hates flying), is usually staring at his computer when the camera goes live, according to attendees.

The executive in the hot seat will begin clicking through a PowerPoint presentation meant to impress. Often he’ll boast an overly ambitious target—“We can definitely grow 20 percent this year!”—without so much as a glance from Lampert, 50, whose preference is to peck out e-mails or scroll through a spreadsheet during the talks. Not until the executive makes a mistake does the Sears chief look up, unleashing a torrent of questions that can go on for hours. (Bloomberg)

Why does he manage this way? From December 2013:

Once upon a time, hedge fund manager Eddie Lampert was living a Wall Street fairy tale. His fairy godmother was Ayn Rand, the dashing diva of free-market ideology whose quirky economic notions would transform him into a glamorous business hero.

 
For a while, it seemed to work like a charm. Pundits called him the “Steve Jobs of the investment world.” The new Warren Buffett. By 2006 he was flying high, the richest man in Connecticut, managing over $15 billion thorough his hedge fund, ESL Investments.

Stoked by his Wall Street success, Lampert plunged headlong into the retail world. Undaunted by his lack of industry experience and hailed a genius, Lampert boldly pushed to merge Kmart and Sears with a layoff and cost-cutting strategy that would, he promised, send profits into the stratosphere. Meanwhile the hotshot threw cash around like an oil sheikh, buying a $40 million pad in Florida’s Biscayne Bay, a record even for that star-studded county.

Fast-forward to 2013: The fairy tale has become a nightmare.

Lampert is now known as one of the worst CEOs in America — the man who flushed Sears down the toilet with his demented management style and harebrained approach to retail. Sears stock is tanking. His hedge fun is down 40 percent, and the business press has turned from praising Lampert’s genius towatching gleefully as his ship sinks. Investors are running from “Crazy Eddie” like the plague.

That’s what happens when Ayn Rand is the basis for your business plan. (Salon)

For now the Big K store on Manchester in St, Louis remains open. But for how long?
For now the Big K store on Manchester in St, Louis remains open. But for how long?

Next to the Bridgeton Kmart is another retailer that’s closing: Sports Authority. Two more St. Louis area locations were to close: St. Peters & Fenton.

From March:

The retailer filed for Chapter 11 protection in federal bankruptcy court in Delaware in a move aimed at helping it shed much of its debt and clean up its balance sheet. A successful revamp would let Sports Authority improve its brick-and-mortar, perhaps with in-store boutiques similar to the Under Armour and Nike shops that have been so fruitful for rival Dick’s Sporting Goods.

Sports Authority, whose name adorns the stadium of the Denver Broncos, has been saddled with boatloads of debt ever since a $1.3 billion leveraged buyout a decade ago. At the time, the Colorado-based retailer and Dick’s  DKS -1.79%  were similar in size with annual sales of $3 billion. But since then, Dick’s has invested in its in-store experience and in-store tech, which have helped propel the retailer’s sales past Sports Authority’s. Analysts are forecasting total 2015 sales of $7.3 billion for the Pennsylvania-based company, compared to almost $3 billion at Sports Authority. (Fortune)

In early April it looked like the bankruptcy might work:

Embattled retailer Sports Authority has finally received a bit of good news: it looks to have settled a dispute with consignment suppliers that could resolve around 160 lawsuits.

The suits centered around $85 million-worth of winter gear currently being sold at the sporting goods retailer’s stores, and suppliers who had sold these products on consignment wanted them back in the wake of Sport Authority’s Chapter 11 bankruptcy filing in March.

Now, if the settlement is approved by Judge Mary Walrath of the U.S. Bankruptcy Court in Delaware, Sports Authority will be able to sell this gear throughout the bankruptcy proceedings, according to the Wall Street Journal. (Fortune)

The Bridgeton Sports Authority on April 24th had a sign indicating only this location was closing, the others in the region were staying open
The Bridgeton Sports Authority on April 24th had a sign indicating only this location was closing, the others in the region were staying open

End of April:

Vendors, however, didn’t like seeing the merchandise they had consigned sold off in liquidation sales without reimbursement, and they sued. Sports Authority countersued.

Landlords also were upset that the company filed for bankruptcy protection one day after March rents were due, stiffing them out of $27 million.

“They didn’t get very far into this before they hit snags with their suppliers. That tells me they weren’t that close to getting the reorganization done,” said Dan Schniedwind, a credit analyst and retail specialist with Denver Investments.

In the end, creditors weren’t willing to allow the company to continue making large purchases, something required to keep stocking the shelves in even a reduced number of stores. (Denver Post)

By mid-May:

Sports Authority Holdings Inc. will head to auction next week with bids in place from two groups of liquidators plus smaller offers from rivals Dick’s Sporting Goods Inc. and Modell’s Inc., according to people familiar with the situation.

However, the bids from Dick’s and Modell’s were considered “disappointing” and for fewer stores than initially expected, one of the people said. Dick’s, which one equity analyst said could make an offer for 180 stores, instead placed a bid for less than 20 stores; Modell’s made an offer for a small handful of stores, the person added. (Wall Street Journal)

Heres’s a list of the St. Louis area locations, the first three were announced in March:

  1. 11982 Saint Charles Rock Rd Bridgeton , MO 63044
  2. 4025 Veterans Memorial Pkwy, Saint Peters , MO 63376
  3. 788 Gravois Bluffs Blvd, Fenton , MO 63026
  4. 8340 Eager Rd, Brentwood, MO 63144
  5. 4445 Lemay Ferry Rd, Saint Louis , MO 63129
  6. 1205 S Kirkwood Rd, Kirkwood , MO 63122
  7. 15907 Manchester Road, Ellisville , MO 63011
  8. 6298 Ronald Reagan Dr, Lake Saint Louis , MO 63367
  9. 6575 N Illinois St, Fairview Heights , IL 62208

From November 2014:

New retail tenants are moving into the space in Ellisville Square in Ellisville that Kmart vacated earlier this year.

Brixmor Property Group, the New York-based commercial real estate company that owns Ellisville Square, said the space will be filled by three new tenants: a 40,000-square-foot Sports Authority, a 19,000-square-foot Michaels and a 16,000-square-foot Party City. The stores are slated to open in the third quarter of 2015, Brixmor officials said in a statement. (St. Louis Business Journal)

The Ellisville location was announced in January 2015:

Three new stores — Michaels, Sports Authority and Party City — will be opening soon at the site of what was a K-mart store at Clarkson and Manchester roads in Ellisville (Post-Dispatch)

The Sports Authority in Ellisville opened on Saturday August 8th, 2015.

Earlier we discussed the Sears/Kmart CEO, but why did Sports Authority fail?

Once one of the largest sports retail chains in the country, Sports Authority has now slipped behind outlets like Dick’s Sporting Goods and REI. These chains have positioned themselves more successfully in the market through establishing strong relationships with their suppliers, developing the leverage to keep prices low that their competitors have had difficulty matching, Rory Masterson, an industry analyst at IBISWorld, told the Los Angeles Times in April. They’ve also adapted more sucessfully to the online marketplace. Online sales at Dick’s climbed at a compounded annual rate of 39 percent from 2010 to 2015.

While Sports Authority may be faltering, the sporting goods industry as a whole is growing. It accounts for an estimated $150 billion per year globally. In 2014, the most recent year available for figures, the industry was worth $63.7 billion in the United States, an increase of 24 percent since 2009 and a jump of 2 percent from the year before.  

Sports Authority faces tough competition from traditional sports retail outlets, yet its financial struggles point to the increased diversification of the sports retail market.  A wide array of more specialized competitors have entered the field, providing both traditional sports garments and “athleisure”, or casual wear inspired by workout clothing that has exploded in popularity over the past few years. (CSM)

The Bridgeton Kmart & Sports Authority are both part of Hill Top Plaza.

Hilltop Plaza Redevelopment Area Tax Increment Financing Redevelopment Plan – Hilltop Plaza Community Improvement District; analysis of the eligibility for TIF and CID, and the planning and financial projections for the redevelopment of the 70% vacant portion of Hilltop Plaza, formerly a destination shopping area on St. Charles Rock Road. (EDR)

I was at the MetroBus stop on St. Charles Rock Rd in 2013 — had no idea at Kmart & Sports Authority were close. Was wasn’t/isn’t any pedestrian access. Even between Kmart & Sports Authority there’s no pedestrian route! I know the lack of pedestrian access didn’t cause these stores to close, but it didn’t help them either. Pedestrians do exist in the area — there are sidewalks along St. Charles Rock Rd and the parallel internal road — they just don’t connect the businesses to transit or each other.

As Gen Y moves to the suburbs they may expect a Walkscore higher than 56.

— Steve Patterson

 

Sunday Poll: Support or Oppose a Regional Sales Tax for the St. Louis Zoo?

Please vote below
Please vote below

In the news last month was the idea of a 5-county sales tax to support the St. Louis Zoo:

The chief executive of the St. Louis Zoo says a regional sales tax is the right way — and perhaps the only way — to preserve the zoo and its animals for years to come.

President Jeffrey Bonner, in an impassioned argument for a five-county sales tax, said the zoo needs money to repair sewers, roofs and animal exhibits on its 100-year-old Forest Park campus. And it can’t consider operating a proposed 300- to 400-acre conservation breeding site without the new tax.

An admission fee is not the answer, Bonner said. Charging nonresidents for entry would create long lines, discourage attendance, reduce visitor spending and cost the zoo an estimated $50 million in turnstiles, ticket booths and the like. (Post-Dispatch)

The tax, if passed, would be collected on sales in the following counties: Franklin, Jefferson, St. Charles, St. Louis, and the independent City of St. Louis. Currently, the Zoo receives about $20 million annual from a property tax in St. Louis city & county.

This is the subject of today’s poll:

The poll is open until 8pm.

— Steve Patterson

 

 

St. Charles County & St. Louis County Connected Via Public Transit

Five days a week people take public transit to/from St. Louis & St. Charles counties! No, MetroLink light rail wasn’t secretly extended over the Missouri River. No, MetroBus doesn’t serve St. Charles County either. “How”, you ask?

Just the way Madison County Transit enters the City of St. Louis, St. Charles Area Transit (aka SCAT), enters St. Louis County. In late February I took the last morning SCAT bus from the North Hanley Transit Center into St. Charles. Over four hours later, I took the first SCAT bus back.

The shuttle type bus used by SCAT.
The shuttle type bus used by SCAT at North Hanley. They can’t/don’t get close to the sidewalk for easy boarding via wheelchair. No curb ramp exists on the end so I had to backtrack to find the nearest ramp. .
I'm now at the nearest ramp to reach the white bus. Metro needs to add a curb ramp and/or SCAT needs to pull closer to the sidewalk.
I’m now at the nearest ramp to reach the white bus. Metro needs to add a curb ramp and/or SCAT needs to pull closer to the sidewalk.
The I-70 Commuter bus makes six stops in St. Charles plus one at North Hanley
The I-70 Commuter bus makes six stops in St. Charles plus one at North Hanley
I got off on the last stop -- the Streets of St. Charles, the driver is putting the wheelchair lift away. I'll post about that development on Thursday. Click image to see my initial post on it from February.
I got off on the last stop — the Streets of St. Charles, the driver is putting the wheelchair lift away. I’ll post about that development on Thursday. Click image to see my initial post on it from February.

We departed North Hanley on time — here’s the official schedule for the last SCAT bus leaving St. Louis County:

  • 8:55am North Hanley
  • 9:19am St. Joseph Health Center/Main St St. Charles
  • 9:24am Ameristar Casino
  • 9:31am Cave Springs Commuter Lot
  • 9:38am Zumbehl Commuter Lot
  • 9:46am Fairgrounds Commuter Lot
  • 9:50am Streets of St. Charles — where I got off
  • 10:16am last morning drop off at North Hanley

The route, logically, is designed to serve St. Charles residents needing to get into St. Louis County for the day. Just 30 minutes to go from the Fairgrounds Commuter Lot to North Hanley four times each weekday morning, starting at 5:44am!  Still, my bus from North Hanley into St. Charles had about 10 other passengers — people I presume were going to work.

In the afternoon the SCAT I-70 bus runs four times, starting at North Hanley at 1:38pm, the last on 5:59pm.

  • 1:38pm North Hanley
  • 1:45pm Fairgrounds Commuter Lot
  • 1:52pm Zumbehl Commuter Lot
  • 2pm Cave Springs Commuter Lot
  • 2:11pm St. Joseph Health Center/Main St St. Charles
  • 2:16pm Ameristar Casino
  • 2:20pm Streets of St. Charles — where I got on
  • 2:42pm arrival at North Hanley — next departure is 2:48pm

I’m so glad to see the City of St. Charles operating transit buses, connecting to the rest of the region — via St. Louis County. However, the webpage and route maps need improvement. Online maps for the four St. Charles routes must be viewed separately. No system map exists, at least not online.  Still, it’s a start.

— Steve Patterson

 

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