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The threat of an antitrust suit stopped the league from blocking the Rams' move to St. Louis last year, and even now--talk about chutzpah--Al Davis is suing the N.F.L. for trying to prevent his move back to Oakland. So while the N.F.L. is willing to send its lawyers up against those of Jerry Jones, it won't line up over the old antitrust ball with Modell. "Given the current court precedents and the possibility of treble damages in a case decided by a jury in an interested locale," says Tagliabue, "we would be foolish to go to court over a franchise move."
Modell's desertion hurts the N.F.L. in so many ways. For one thing, the owner of the Browns for 35 years had always been a respected member of the league's Establishment. For another, the Browns have consistently had the highest TV ratings in the N.F.L. and one of the highest attendance figures. But most painful of all, Modell is taking with him a heritage built by Paul Brown, Marion Motley, Lou Groza and Jim Brown. "It's a dart to my heart," said Dante Lavelli, the Browns' Hall of Fame end who owns a furniture store in suburban Rocky River.
Cleveland was stunned when Modell made his surprise announcement at a Nov. 6 press conference in Baltimore. "I'll never forget the kindness of the people and the fan support over the years," said Modell. "But frankly...I had no choice." Modell was heavily leveraged in Cleveland, and he didn't want to sell the team because he wanted to pass it on to his son. But he harbored some resentment against the city for giving new playgrounds to the baseball Indians and the basketball Cavaliers. Still, local voters hoped Modell would change his mind two days after the announcement when they overwhelmingly passed a sin-tax proposal that would have provided $175 million for the renovation of ancient Cleveland Stadium.
But Modell hasn't changed his mind, and in recent weeks things have got ugly in Cleveland. A bomb threat kept the owner away from the last two home games. He has been hanged in effigy and likened to a pig and one of the Three Stooges. Fans, meanwhile, have taken their anger out on the players, who are going nowhere on the field.
Much to Modell's chagrin, he has not been welcomed with open arms in Baltimore. Local columnists have publicly expressed their guilt, and some writers and talk-show hosts are already calling for the head of his coach, Bill Belichick. But it's only poetic justice. An N.F.L. owner once said, "We can't hopscotch franchises around the country. We have built this business on the trust of fans. If we treat that as if it doesn't count, it isn't going to wash." The owner who said that was Art Modell.