Judge Dismisses All But Two Claims In Marlins Ballpark Suit

Braman's Push For Public Vote On Proposed Marlins  Ballpark Only Critical Issue Remaining In Lawsuit

POWER OF THE PEOPLE: In Ft. Lauderdale, Sarah Talalay reports Cohen Friday also is expected to rule "whether the financing for $3[B] in Miami projects needs to be put to a public referendum." Cohen said that she is "'sympathetic' to Braman's contention that it does." However, Cohen is "hampered because a Florida Supreme Court decision requiring a referendum when ad valorem taxes are used to pay off bonds on major public projects is being reconsidered, and she's unclear how it should be applied until it is final." The county and the Marlins Friday were intending to call witnesses to "show the stadium serves a 'paramount public purpose' to counter Braman's argument that they're using public dollars for a private enterprise" (South Florida SUN-SENTINEL, 7/18).

FISH OUT OF WATER: In Miami, Barry Jackson notes the Marlins this season are averaging 15,029 fans per home game at Dolphin Stadium, on pace to average fewer than 18,000 fans for the eighth time in the past 10 seasons. The Marlins' average attendance is the lowest in MLB, pulling in "more than 4,000 fewer fans per game" than the Pirates. But the Marlins, at 50-45, are just 1 1/2 games out of first place in the NL East, and the team's TV ratings are seventh highest in MLB this season. Samson: "Given our level of entertainment that is provided during games, both on and off the field, we certainly hoped our attendance would be higher." Samson said that the Marlins "spend $10[M] annually on advertising, sales and marketing, among the most in baseball." Jackson notes a Saturday night concert series at Dolphin Stadium "has boosted attendance, but some other promotions and creative gimmicks have not consistently attracted bigger crowds" (MIAMI HERALD, 7/18).

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