HOUSTON - A legal dispute between the Houston Astros and season ticketholders has been put on hold, as the 14th Court of Appeals issued an order yesterday abating the ballclub’s appeal.
The order states that on Feb. 8 the parties notified the court that they had “reached an agreement to settle the issues on appeal.”
The litigation was brought by season ticketholders alleging that the Astros made false representations that failed to disclose that they were engaging in a sign-stealing scheme.
Court records show the Astros were appealing a ruling denying motions to dismiss the claims under the Texas Citizens Participation Act, which protects First Amendment rights such as free speech.
The Astros argued the ticketholders’ claims are all predicated on the ballclub’s public press releases and media statements.
“This is a consolidated suit that Ticketholders bring as disappointed fans who held season tickets to baseball games played by the Houston Astros at Minute Maid Park,” the Astros’ brief states. “At the heart of Ticketholders’ primary claims is how the Astros played the game of baseball. No court in the United States has ever allowed fans or other members of the public to sue for how a sport is played, and Texas should not be the first jurisdiction that allows such claims.
“If viable, such claims would not be limited to season ticketholders, or even ticketholders generally. The courtroom would become the solace for any sports fan who has felt the pang of disappointment in a team’s strategy choices.”
The Astros also argued that the ticketholders alleged no damages.
“Ticketholders got what they paid for: seats to watch the game, places to park their cars, and bags of peanuts, which they presumably enjoyed at the time they parked, watched the game, and ate their peanuts,” the brief states. “Retroactive disappointment (or even disappointment during the game) is not a legally recognized measure of damages.”
In a reply brief, the ticketholders contended that the trial court correctly denied the Astros’ TCPA motion to dismiss on the claims that are premised on the club’s failure to communicate and on its actions because they fall outside the TCPA’s ambit.
“Despite the Astros’ apparent belief to the contrary, the First Amendment does not state: ‘Congress shall make no law . . . abridging the freedom to cheat,’” the ticketholders’ brief states. “The underlying lawsuit is not about First Amendment constitutional rights and the Astros cannot invoke the TCPA to shield their unlawful, fraudulent conduct perpetrated against the unassuming Texas citizens who brought the underlying suit.”
The Astros are represented by Reagan Simpson, April Farris, Bryce Callahan and Grant Martinez, attorneys for the Houston law firm Yetter Coleman.
The ticketholders are represented by Hilliard Martinez Gonzales, The Coffman Law Firm and Mitchell A. Toups, Ltd.
Appeals case No. 14-20-00616-CV