Hearing on Motion to Dismiss

I arrived today at Judge Jeffrey Brown's courtroom at 345 S. High in Courtroom 4A at about 1:20 P.M. There were a handful of Crew fans already there, but it was otherwise a tranquil scene. No, it wasn't to argue a case, it was to observe the oral arguments in the Ohio Attorney General's case against Precourt Sports Ventures and Major League Soccer.

As others slowly arrived and the area outside the courtroom started to get full at about 1:45 P.M., the buzz in the air increased. I happened to be by the elevators when the MLS/PSV contingency of lawyers came in and noticed all of the Crew fans clad in black and gold. One of the attorneys snidely snickered, "I guess we're in the right place." I was also in the presence of Charles Campisano, Esq., Drew Campbell, Esq., Sam Peterson, Esq., Sean Kelly, Miki Turner, Esq., and Andrew Erickson.

We were reminded multiple times to turn our cell phones off. For the very first time in my career, there were two Sheriff deputies at the back for a civil hearing. This has been more common in criminal hearings. (Now, I'm making much of this for dramatic effect. It's likely that any time there is a volume of the public in attendance that this is protocol.)

Before we get to the meat and potatoes of the hearing, my initial thoughts were that this was a hearing to provide an opportunity for both sides to speak before Judge Brown denied the Motion to Dismiss. I didn't expect him to dismiss it today, but rather that he'd take the matter under advisement. When there is oral argument, attorneys refer to a "cold court" and a "hot court." Judge Brown definitely was a "cold court" during this hearing. (Note: "Court" is a synonym for judge.) This doesn't mean anything pejorative, but rather a "cold court" is a court that lets the attorneys talk without interrupting very much. I prefer a hot court, where the attorney is receiving a bombardment of questions, because this indicates that the court has questions it wants answered.

Somebody DMed me asking if Precourt was there. I proceeded to send them multiple laughing.gif images.

Waiting for the "ALL RISE" before a hearing is very nerve wracking for me as an attorney. I never was one to be much into sports, but I imagine it's the feeling an athlete gets just before the opening whistle from the referee. Even though I wasn't a participant in this case, I still had those nerves, just waiting. 2:30 P.M., the start time of the hearing, rolled by... and Judge Brown appeared about about 2:35 P.M. The hearings don't start until the court is ready.

After a quick quip, "we need a bigger courtroom," Judge Brown immediately launched into the proceedings, asking the Defendants (MLS/PSV) if they'd like to reserve time for rebuttal and asking counsel if they were ready to argue. Each side was allotted 45 minutes to argue, and it's typical for the party with the burden to reserve some of that time for rebuttal, meaning they have the last word. Brad Ruskin, Esq. from NYC on behalf MLS argued the entire case for the Defendants. There were a few references to the "PSV entities," but it was clear who was running the show. Mr. Ruskin stepped to the podium and did not immediately identify himself. At that moment Judge Brown said that he would have the lawyers all introduce themselves, saving Mr. Ruskin from a very awkward moment.

Mr. Ruskin then basically went into the arguments we had already seen many times in the briefs. He appeared to be reading for much of the argument. In the first fifteen minutes, the most interesting thing that happened was that the court reporter asked him to repeat himself. A card with the statute, Ohio Revised Code 9.67, sat on an easel, and Mr. Ruskin made reference to the demonstrative evidence, and Judge Brown said "I'm quite familiar with that statute."

Mr. Ruskin argued that under the statute, financial assistance from the government is more likely income tax breaks for the players, jersey sponsors, subsidized costs for the teams, or direct payment for the team agreeing not to relocate.

Mr. Ruskin again argued that MLS is the owner, not Precourt. Judge Brown asked doesn't the benefit to Precourt inure to the benefit of MLS? Mr. Ruskin stated that if a shareholder of Apple receives a benefit, it's to that shareholder, not to Apple as a corporation. Judge Brown also asked Mr. Ruskin about the "fairly unique relationship" MLS teams have as compared to other sports. Mr. Ruskin, without really answering the question, stated that MLS existed prior to R.C. 9.67. Judge Brown again asked whether MLS would concede that MLS receives indirect benefit, and Mr. Ruskin stated "MLS cares about all of its investor/operators."

I referenced above "cold court" vs. "hot court", but I've never seen a judge add time to argument because of asking questions, but that's what Judge Brown opted to do. Mr. Ruskin argued for about 50 minutes prior to the Plaintiff's argument.

Sam Peterson, Esq. started on behalf of the State of Ohio by saying nobody forced the Defendants (MLS/PSV) to take public funds. They volunteered to take this money and lobbied to change the Ohio Revised Code for benefits. The rest of MLS's arguments, Mr. Peterson said, are more appropriate for a Summary Judgment motions after discovery, rather than for a Motion to Dismiss. Mr. Peterson argued that it is "illogical" that MLS as the owner does not receive financial assistance. Based on the list of things Mr. Ruskin said could be financial assistance, MLS would have the owners play on the pitch, he argued.

Judge Brown asked one question of the Plaintiffs, and he threw a softball to Mr. Peterson, asking, did PSV/MLS accept any assistance not related to the facility (MAPFRE stadium), to which Mr. Peterson responded, it does not need to be the facility. Obetz has a training facility, there is the academies, and perhaps some other political subdivision provided a financial benefit.

Mr. Peterson stated that a statute passed by the General Assembly (such as R.C. 9.67) has a presumption of constitutionality and the burden on the challenger is likened to the criminal burden of beyond a reasonable doubt. He referred three times to a 6th Circuit decision Garber v. Menendez. In this case, Judge Sutton questioned whether it was possible to render a decision on the dormant commerce clause at the Motion to Dismiss stage. The case also upheld an Ohio statute. Although I think the purpose of this was to point out that Judge Sutton, a clerk for Justice Scalia and graduate of the Ohio State University Moritz College of Law, and one of the most respected jurists and lawyers from Columbus (another benefit to having a local lawyer argue)... can we all laugh at the irony of a case with a party named "Garber" being cited against MLS/PSV?

Mr. Peterson argued that there was a condition on the receipt of state or city dollars, so it is permissible to put these conditions on it for to bring "Glory to Columbus," such as Wil Trapp, Brian McBride, GBS, Ale Moreno, and Frankie Hejduk. If we weren't in a courtroom, I think the black and gold clad fans would have erupted in song. These restrictions are also imposed on owners from different states and if you wanted to move the team to a different city within Ohio, Mr. Peterson argued.

Mr. Peterson closed reminding the court that the Defendants' (PSV/MLS) own conduct led to the burden they complain of by accepting taxpayer dollars. At a minimum, this case should go to discovery, he said. He also said that it appears MLS/PSV have abandoned the Contracts Clause arguments because 9.67 existed at the time MLS/PSV entered into contract with the city, or that they realize they have to put a copy of the contract in the record.

Mr. Campbell finished the Plaintiffs' argument on behalf of the City of Columbus. He said they "can't take the money and run." He argued that in the process of attempting to do so, they're "trying to take the house down." He reiterated that this is the Motion to Dismiss stage, and this case should go forward to discovery and litigation.

Mr. Campbell listed several factual currents listed in Mr. Ruskin's argument. (Note that a question of law is decided by a court and a question of fact is decided by a jury. This was an argument that there are many factual issues involved, so the case should not be dismissed at this stage.) Here are some of those questions: Who owns the Columbus Crew? Who benefits? What extent does the statute burden interstate commerce?

Mr. Campbell noted that the word "benefit" does not appear anywhere in R.C. 9.67.

Mr. Campbell concluded noting that MLS/PSV "came to the city with eyes open and hands out."

Mr. Ruskin started his rebuttal arguing that R.C. 9.67 is not a contract, but rather a statute. He talked about Kentucky and Indiana cases.

Judge Brown specifically asked about Mr. Peterson's argument about whether R.C. 9.67 should be presumed constitutional unless a court rules otherwise, and whether it should go on to discovery. Mr. Ruskin decided to ignore the first half of the question and discussed how Ohio and Columbus were on "A fishing expedition."

Mr. Ruskin then gave an interesting example to once again try to argue that MLS/PSV are not benefiting from tax dollars. He said his daughter is 24, and if she gets financial aid, that doesn't benefit him. Judge Brown said that it directly benefits him, which led to laughter in the courtroom.

Mr. Ruskin argued a total of 1 hour and 5 minutes, and Mr. Peterson and Mr. Campbell took 40 minutes together.

Thankfully, both sides decided they don't need supplemental briefing, and Judge Brown took the case under advisement, meaning he will rule "as soon as practicable."

I hope that I reported this in a neutral, informative, and entertaining manner. In my opinion, though, there's a 96% chance Judge Brown will deny the Motion to Dismiss and send the case to discovery. Note that if that does happen, that is probably not a final, appealable order. If he does dismiss some claims, that likely isn't final and appeable either. However, if he dismisses the entire case, that will be appealable. Time will tell what will happen!

Anything above is my personal opinions and reflections on today's hearing. Quotes are paraphrased to the extend that I could write quickly and read my handwriting later. This in no way provides any legal advice or creates an attorney-client privilege.

2017 Game 4: POR v. CLB 3/25/2017

Player rankings

Finlay - 7

Artur -  7

Kamara - 8 

Meram -  9

Trapp - 8

Steffen - 8 

Naess - 9

Mensah - 7 

Francis - 8

Afful - 7

Higuain - 7 

Subs:

Hansen - 9

Crognale - 8

Jahn - 6 

Ref - 5

Gregg - 8

In enjoyed tonight's tifo design - which was basically the MLS Cup 2015 final tifo plus a Dr. Strange tifo that said "We have come to bargain." In other words, no more deja-vu. And there was no deja-vu. The Crew won convincingly 3-2. Portland's first goal had hints of offside (going by the grass cutting lines).

There was a point in the game where if it had finished 2-2, I would have though, "I am happy to see them playing like this, I'll take this." But, we pulled out the win... from behind!

It appears that Portland went to PRO to bargain with the referees. The refereeing was atrocious. I think that Petrescu is one of the worst in the league. He was completely inconsistent. He almost let the game get out of hand. He also refused to book any Portland players for visual dissent, which is one of the things PRO looks for. Adi put his hands on Petrescu in 10', and Valeri charged the ref wildly gesturing in 70'. Portland should not have finished the game with 11 men on the field. It would take me forever to nitpick every foul or red card, so let me just highlight a few missed calls.

Chara is a dirty player and I can't stand him. He, Alonso, Waston, and Van Damme are embarrassment to the league, in my opinion, for their style of play. Remember Chara's dives in LA? Well, he was at it again. Just as the first half was coming to an end, he took out both Meram and Trapp, while already on a yellow card. And then he had the audacity to grab his face like he was hurt.

 Another potentially bookable foul from Blanco in 78', who was already on a yellow! Petrescu had repeatedly warned players at this point and almost let the game get out of control.

There was a foul from Valeri that I thought was a straight red in live time, but he had his studs down. I did think it was an unnecessary tackle, though. Booking was appropriate.

Also, lazy Petrescu only paced off 8 yards and sprayed the free kick line where the Portland players were standing in 29'.

Really, the only negative I took away from this game was the scary trend of friction between Finlay and Pipa. We all know how this ends if Pipa doesn't get his way (see, e.g., Kei's trade in early 2016). There were six times in the first half that Pipa refused to pass the ball to Finlay in open space. 9',  21', 22', 32', 39', 40'. It was as if Portland knew he wasn't get him the ball, they left him open.

In fairness, sometimes when Finlay has the ball, he is too indecisive to shoot or make the pass. That happened twice in this game. But if he had been given the other six plus opportunities, he could've made something of it. In this game, Finlay's great contribution was drawing fouls. He had some nasty fouls on him, and he is not known for going down easy.

The Crew goals were great. Meram's goal found Meram in the right place at the right time. Ola's goal was b-e-a-utiful! What patience and what execution. That should be up for Goal of the Week and maybe even Goal of the Year. Hansen's goal was also a right place at the right time goal. I don't like using the word "deserve" in soccer, but he deserved a goal! He was working his tail off! He is a definite power sub. 

This was the first game with a capo stand, and I must say, Nordecke sounded great tonight. For the first time that I remember, there was actually a song immediately following a Portland goal! We were down 1-0 early and still singing! I cannot recall a time that this has happened in the past. So good on the capos and Nordecke. In addition, reports said Portland brought 100 fans. Whether they were from Portland or Detroit, I don't know, but I didn't hear them once, which was great.

A few more random thoughts. Crognale remains awesome. Jahn was so out of his element and made three plays that went nowhere. I don't understand why he was brought on. I didn't understand why Meram came off first. He didn't look gassed to me.  And Næss did a long throw!! And Finlay should be taking corners, not Pipa. This other worrying evidence of Pipa's control of the game. He is so bad at corners. 

Finally, even thought it's early and some teams have games in hand, Crew SC is first in the East!!(Source)

And I STILL don't like Caleb Porter!!!! Hope Berhalter gave him a used tissue!!

2017 Game 3: DC v. CLB 3/18/2017

I don't have much to talk about this week. Gregg changed the lineup and formation, and I don't think it was any more effective as previous weeks. I got a lot of feedback that said, "That's because Finlay didn't start," and it really has nothing to do with that, so I wish people would stop with the ignorant statements that all of my opinions are based on Finlay, just because he's the greatest soccer player in the world. (end rant)

Player rankings

Jukka - 7 

Artur - 7 

Kamara - 7 

Meram - 7 

Trapp - 8 

Steffen - 8 

Naess - 7 

Crognale - 9 

Williams - 6 

Afful - 6 

Higuain - 7 

Finlay - 7 

Abu - 6 

Jahn - 6 

Ref - 9 

Gregg - 8

WELCOME BACK TRAPP & PIPA! And my word... Crognale. I am so happy for him to have such an incredible start and Man of the Match designation. Well deserved. I watched him on BTN while Chris Doran announced Maryland games, and I was really excited about him. And even though DC looked terrible, it will be a great boost of confidence to have such a great first start!  

 
We won that game on two penalty kicks. Don't get me wrong, I'm very excited to get 3 points on the road!! This is much earlier in the season both for a win and road win as compared to last season! But I couldn't figure out which was worse: DC United's playing or the pitch at RFK. Crew had a lot of chances again... and didn't finish. I'm getting really sick of the dumb "expected goals" stat... all that matters is the score at the end of the game, which was a 2-0 win!

Both PKs were great calls, and I'm happy they were called, because Columbus doesn't seem to get those calls. Ted Unkel is one of the best refs in the league. He's ranked as high as  third in my MLS Referee Power Rankings. I liken him to Mike Dean in the English Premier League, if you happen to watch that league. He loves PKs and red cards, but he's not often wrong. Let's take a moment to appreciate his form in calling PKs:

It does appear that on the second PK, the ball is off the spot, but Ola did move it once and it may have just been the crappy pitch condition. 

Again, I'm happy with a 2-0 road win, but I was disappointed to see some more of that "killing off of a game" when we were up 1-0. The aimless passing and the bus parking that usually leads to a goal. Luckily, this time didn't happen, and I'm hoping it improves team morale and allows us to beat Portland on Saturday.

And while I have this outlet to write, let me address my opinion on capos. No, I don't stand in Nordecke. There are a few reasons for this, and the primary reason is that it seems like the vast majority of people who are in that section don't really care about the game as a result of the FO's trying to fill the section, and that takes away my personal enjoyment of the beautiful game.

I don't know much about the disorganization of the Nordecke and I never notice that two different songs are being sung simultaneously, but I do know it goes quiet for a long period of time (The 105 Ultraz were starting chants during the 2015 Cup Final). I also hate the sweary chants (which I get criticized for criticizing). "If I had the wings of a sparrow" is a really, really dumb chant. Let's be pro-Columbus in our chanting.

I think having capos would improve these things. It will probably improve communication, and it would probably stop the sweary chants, as I'm assuming a capo would be sanctioned by the FO, thus every chant and tifo must be approved by the FO. This would be a welcome change.

So I'm not personally opposed to capos, but I'm personally opposed to being a capo. I enjoy the game and I don't want to turn my back to the field. In my honest opinion, it's not about soccer, it's about the crowd. If that's what you want to do, be my guest. But don't let it turn into something where you're power hungry and have to have it your way or the high way. A really cool thing those pushing for capos to do would be to bow out and say, "I will organize this, but to show I'm serious, I am not putting my name in consideration." That would be really cool.

Another cool idea would be if someone wrote an app where there would be display screens that showed what the next song/chant would be with a countdown. It could be like Apple's iTunes version that allows users on the network to select songs for the queue. That way all supporters can be a part of selecting songs. Capos would have an override account in the event of a goal or other relevant incident.  

Finally, safe standing. For those who say people outside of Nordecke should not be allowed to have an opinion on support, I believe I adequately outlined why that is not necessarily the case. I would consider being a part of a supporter section with safe standing. As a lawyer, I've been advocating for safe standing for years. It can be done fairly easily. Here's a great video made 4 years ago:


You can even use rail seats like in Germany. Orlando's new stadium has safe standing. It's pretty cool, and I'm slightly jealous, to say the least.

And I want to make one more comment while I'm rambling on. How are Dwight & Neil still not going to away games? Correct me if I'm wrong, but it seems like they're announcing off of a video feed. The home calls are so much better as a result. To use last week as an example, they were showing a replay while Penso showed Mensah a red, and they didn't know to announce it until well after it happened. That's a small example, but stuff like that happens all the time. Spectrum needs to work on its replay placement. 

2017 Game 2: HOU v. CLB 3/11/17

I thought I'd write some more stuff due to response from last week and as I attempt to resurrect Podcast For Columbus! The tradeoff is that this won't be polished work, but more of stream of consciousness.

Player rankings:
Artur – 4
Afful – 5
Finlay – 6
Higuain – 3
Kamara – 4
Mensah – 5
Meram – 6
Næss – 5
Raitala – 5
Steffen – 5
Trapp – 5
Maloney – 6
Abu – 5
Jahn – 4

Gregg – 5 He continues to insist on certain game play without making changes. He waited way too long to take Artur off.

Referee – 7 Overall, Penso did fine. He did miss a few points that are points of emphasis this year.  As you all know, I love analyzing the Law and referee decisions, so I am in no way shape or form even hinting that the referee made the Crew lose the game.

However, I believe we had a PK shout in 24' as Næss got bear-hugged to the ground. "This was holding and pushing in the penalty area."

In addition, Penso completely ignored two delayed restarts.

First, in 33', Ellis stands over the free kick so Næss can't take it quickly. Even as Penso tells him to go away, he doesn't move. Næss kicks it back. I wish he had kicked it into Ellis to draw the encroachment yellow. Pipa is going to get booked for a lot of these this year, so it's only fair.

Second, in 38', I start the gif as the whistle is blown. Ricardo Clark throws the ball away intentionally right in view of Penso.

One call Penso got absolutely correct was the "act of visual dissent" from Ethan Finlay in 59'. Other than Afful slamming the turf in frustration last week after conceding, this team needs passion from somebody.

Finally, the red card. I think that the red card to Mensah in 87' was proper under the Law, even though it was harsh. I don't see it being overturned. Mensah was not in control of his body and had a high boot with studs exposed. I believe that it was a tackle that endangered the safety of an opponent worthy of a sending-off. I think Penso could have used some game management and issued a yellow instead, because it was clearly a slip.

I also enjoyed Finlay giving it to Pipa after a pretty horrible pass. Pipa was having another off night. After being so excited about the way he played in off-season, his slowness showed again. As I said last year (and got accused of hating all season), I really want to see Meram take the #10 role. Put Martinez or Artur or Maloney on the wing. We could be a counter-attacking team.

I realize this is his first MLS start, but Artur was like a little kid "helping" you make a cake. He had a lot of energy and drive, but wasn't really doing anything to help the recipe. I hope it's just early jitters and that he gets acclimated, but when Gregg finally subbed him off in 58', I said "It's about time."

I was impressed with Maloney coming on as a kid fresh out of college. He also needs development, but I think he had a good mind for our type of play and a great work ethic. This is not to say that he's better than Afful or that Afful was poor, but he's a kid to watch out for. I enjoyed watching him play for Penn State, too.

Steffen. Yes, Steffen made a blunder. At least it was the his second start for the team.... not the Championship game after 2 full seasons. I believe now is the time to learn. And he will work out. He looked upset. The defense did him no favors on that second goal. And even Nauer couldn't have stopped that third goal. Great goals deserve respect, and that was a great strike.

Speaking of the second goal, why does Gregg refuse to put a man on the post?? I'm not a tactician by any means, but the stubbornness of no man on the goalpost, and zonal marking on set pieces is infuriating at times. We're just as terrible defending set pieces.

On the other hand, I am very excited to see Finlay take the corners. Our offensive corners were MUCH better than they have been. Mensah almost got a goal, and Næss almost got a goal. I'm confident that we will see at least one Finlay --> Mensah goal this season! Maybe next game, where Finlay would become the 5th Crew player to get 30 goals and 30 assists.

Also, we need an offensive piece in the next transfer window. I'm not worried about Finlay and Meram. I am worried about Pipa being way past his prime and being way too slow. I'm also worried about Ola, who should be putting away a lot more goals. If we can get a tall striker like Kei, and an excellent #10, we would be a team to reckon with. 

Twitter and Facebook are filled with #SackBerhalter comments. I think that is premature. Last July, I said that I'd give him 10 games.

@krislandis In my mind Gregg has this season + 10. He threatened to jettison players 8 games too late. Want to see more passion from him

— Toddrick33 (@Toddrick33) August 1, 2016

Regardless, I don't think Precourt is firing Gregg this season unless we get no wins.

Oh, and it looks like Gregg may be starting to get some of that passion, too. I can't recall ever seeing him 'discuss' with the refs after a game.

2017 Game 1: CLB v. CHI 3/4/17

Normally, I don't have time to write anything after a game. Also, I don't feel like it when my actual day job is compiling lots of data and writing. But the 2:00 game made it possible for me to rewatch the game at the same time of day, and bring you some thoughts! (Hopefully Podcast For Columbus will be up and running soon so you can hear my beautiful voice.)

Player rankings:
Abu – 7
Afful – 8
Finlay – 9
Higuain – 4
Kamara – 6
Mensah – 6
Meram – 7
Næss – 7
Raitala – 8
Steffen – 8
Trapp – 4
Artur – 5
Jahn – 5
(Subs made no impact whatsoever)
Gregg – 5 for wasting a substitution and not taking Pipa off and putting an attacker on
Referee – 8, surprisingly. Honestly, he should’ve given more yellow cards to Mensah and Trapp, and he ignored the points of emphasis from PRO on encroachment a couple of times.

Pipa and Trapp were dreadful, in my opinion. Why Tchani has fallen out of favor is beyond me.

Mensah had a few howlers in the last half hour, but I chalk that up to the defense still needing to gel.

I was most excited about Rataila I was LOVING him. Næss also had a few questionable decisions, again, chalking it up to gelling

I think we played better than last season, but I'm most worried that we did the exact same thing as last season - KILLED it the first half... then kind of dropped off kicking the ball around to kill time in the final third, until we panicked, gave a crap goal, and almost lost the game. I know I'm a broken record, but I will say at this point that this is the team still gelling.

In hindsight, I wish that we would have had our first game away. What made the lost points of this game hurt so much was that they were at home. Away, a point would've been great. (As I type this, Atlanta and RBNY are tied, which would be a glorious result.)

I was most happy that Finlay had a great game. He showed his work ethic, and scored the only goal of a game, with his HEAD, no less! I only had a "what are you doing moment" twice in the game, once when he did an unnecessary heel pass at 29', and one other wasted chance later. He kept the ball in play with some great filth. He also had great crosses.

Meram also stood out with his great passing and crossing. He had a perfect opportunity early in the game, 3', but he shot it right at the goalkeeper.

Rataila had some great passing as well, and has a laser shot!

Speaking of great crossing, why is Pipa still taking corners? Why don't our great crossers, Finlay or Meram or Rataila or Afful, take the corners??

Ola was also slightly disappointing, but I'm hoping that it's due to health issues. I said all last season he could be a prolific goalscorer if he scored all of the goals that should've gone in! He had two of those moments this game. Once in 8' and once in 10'.

A couple of off-the-field notes. The Section 105 Rowdies were screaming "Alex, Alex, Alex" to Crognale, and he gave us some love.

Also, the away section appeared to have moved from the great spot on the South End to a terrible corner section. I hope that Bridgeview doesn't move us to the upper deck in Toyota Park!

Crew in May 2016

Due to several scheduling/technology issues, the podcast I was excited to be a part of hasn't published a new conversation since April 27, 2016. It's disappointing, and I miss the ability to output my thoughts in a medium that sparked actual intellectual soccer conversation (usually the intellectual parts came from my counterparts). Twitter is only ideal during a live event, and going back and reading Tweets after the event is over is confusing. I'm not funny enough to be a regular on the Celebrity Fan™ roast, and have never been invited to participate in the other show in town.


Let's face it, nobody wants to read a long blog. So what am I doing? Writing a long blog post. OK. That makes sense.


Ethan Finlay


I need to first address the elephant in the room. It should come as no surprise that Ethan Finlay is my favorite soccer player. Finlay hasn't had a great season this year as he had last year. What has annoyed me most out of anything this season is that other Crew fans immediately dismiss anything I say that's praiseworthy about Finlay or negative about any other player. It has taken all of the fun out of discourse about the Crew and, quite honestly, taken out much of the joy I have for cheering for the Crew. Case in point: On May 14, 2016 versus Colorado at home, Finlay was left out of the starting lineup, and Cedrick was in his place. I received all kinds of incendiary comments at the tailgate and Tweets questioning how I was handling it. That is ridiculous!


It's about the badge. If Finlay played for another MLS team, I would not change my allegiance to the Crew.  That does not discount that he's my favorite player or that he's a major part of why I got hooked to the Crew. It also does not mean that my criticisms/praises of any player should automatically be rejected.


A Tale of Two Merams


For some reason, Crew fans assume that I hate Meram. My point with Meram has always been that he is two different players. He is the selfish ball-hog diva that tries to much as fails miserably.... or he is the dynamite energy force that makes things happen! (See "Ethan Finlay" section above because you're not allowed to like two players, I guess.)
I made the trek to BMO Field Toronto on May 21, 2016 with a friend who has only been to one soccer game. I sat with a group of 9 Crew fans, none of whom I had met before. Meram stood around, only making a play for the ball when it was around him, and otherwise appeared to make no effort. All 9 of us were calling for a sub. We were all shocked when we found out Meram was voted MOTM. Apparently, on TV, it looked like he was always making a play for the ball, but that was only when he happened to be in the near vicinity.


On May 28, 2016 at home versus RSL, Meram was directly responsible for the first two goals and had another killer performance. My criticisms are not that Meram is a poor player, it's that he's inconsistent, and I wish I could see this Meram every week.


Cedrick is not a 90 Minute Player


The Colorado game was the first game that Kei Kamara did not play in after his trade to the New England Revolution. Ultimately, the lineup shakeup changed nothing. Cedrick provided a spark for 15 minutes, and then the Crew set out in their mediocre ways and blew a lead and tied a game at home.
Cedrick as a fresh set of legs off the bench excelled in the playoffs last year. He scored in the first 15 minutes of the Colorado match and provided that spark and energy and creativity that the Crew needed. But he's not the savior of the team. The energy of the Colorado match clearly sapped after about 30 minutes.


At the Toronto game, there were several times early in the second half that Cedrick was way behind the play and huffed and puffed to catch up. I'm not sure if this translated on TV. There was one point where Toronto had no defenders around Cedrick, and I think if he had been able to make the run to be level with Ola and Meram, it could've been another goal for the Crew.


I'd like to see Finlay and Cedrick start together to see the burst of energy and at the top from both wings, before either of them or Meram get tired. The problem with this is that what do we do with Meram? There's no way Pipa gets benched even if he scores multiple own goals. I'd like to see Meram up top, but with Ola performing well, I also don't see this happening.


Ola is Not Kei


I first made this comment after the friendly against Veracruz on May 11. The reactions were "Give him a chance!" "It's too early to tell!" "That's harsh."


I didn't say Ola is not good; I said Ola is not Kei. And that's a good thing. Ola is a more complete striker making intelligent runs into the box and behind defenders.


Even though he scored a hat trick at the RSL match, I was struck by how many goals he missed! My dad, who is not a soccer guy, was watching with me and said, "That guy should have 6 goals by now." That makes his performance even more incredible. During the Toronto and Colorado matches, he missed several opportunities. But if he gets his stride, it's going to be a while before MLS defenders will be able to figure him out, if at all, because he's not the one trick pony Kei was.


Not Out of the Woods By a Long Shot
I am Mr. Sunshine Brigade. But this season has been very difficult for me to watch. I constantly wonder how the same personnel who took the Crew to the MLS Cup Final struggles so mightily. The Crew blew a 4-1 lead versus Montreal at home. I had allowed myself to believe that the on field antics that we saw between Pipa and Kei over the penalty kick was the reason for the mental shutdowns.


But then the Crew almost blew a 4-1 lead versus RSL at home. When Ola got his hat trick, I tweeted "4-1 is a dangerous score line for the Crew." I wish I had been joking. The Crew need a winning streak of more than one or two games. Not an unbeaten streak. I'm sorry, but touting that the Crew are "unbeaten in four" distorts the reality of how poorly the team have been playing.


It seems like every team we play is currently the best in the league and we're sold a bill of goods that a "road point" or a "point against that team" is something to be excited about. After making it to MLS Cup Final last year, being content with a point is just not good enough.


Depleted Roster


I just noticed today that Saravia and Larsen got called up for international duty, joining Afful and Cedrick. Sauro, Tchani, and Wahl are out with injuries. Hollingsworth and Pacifici, who have been playing for USL affiliate Pittsburgh, have concussions. It's going to be interesting to see who Berhalter puts in the Philadelphia game on Wednesday, especially in the back line. If this wasn't his third year, I would speculate that he would experiment with tactics, maybe a 3-5-2, but we all know that's not going to happen.


U.S. Open Cup


The most interesting thing about the depleted roster is that it's likely we'll see the same lineup play in the league game and in the U.S. Open Cup game next Wednesday (June 8) against either Tampa Bay or Cincinnati. At the Veracruz friendly, I thought that Hollingsworth was the standout of players I hadn't seen play before. He had the speed and energy of Finlay, but with a nice first touch. I am most disappointed that Hollingsworth is unlikely to play in either the league game or the U.S. Open Cup game. it would've been a great opportunity for him.


I love the U.S. Open Cup and wish that the Crew (and Crew fans) would take it seriously. Berhalter told me that he doesn't use the U.S. Open Cup as a measure of success or failure among his players. He said that if the fans take it seriously, so will he, but this seems rather circular. How are we supposed to spend money and time to take it seriously if the coach doesn't? Regardless, I will be at the match, and am looking forward to it. I enjoy the intimacy of watching soccer in a small stadium, and it will be a blast.

Why Ethan Finlay is My Favorite Soccer Player

I was never much into sports other than ice hockey. In the '90s, I was a huge Detroit Red Wings fan, with Kris Draper and Sergei Fedorov being my favorite players. Life got busy, and I didn't have time to follow sports. Fast forward to 2008 when I moved to Columbus, Ohio for law school. There were two professional sports in Columbus: hockey and soccer.

I already had a hockey team (although I still go to Blue Jackets games every now and then). Interestingly, I didn't even know about the Crew in 2008, even though that's the year they won MLS Cup. Such was the state of the sport and how much priority the city placed on its soccer team.

When I found out about the team, I tried very hard to get people to go to a Crew game with me. Finally, in 2013, one of my co-workers was a big Crew fan, and a member of my young men's Bible study was a soccer fan. I went to three games that year. The Crew didn't win any of them... yet, I still had a blast.

I decided that I would go ahead and buy 1 season ticket for 2014. It turns out, people from my church sat exactly 5 rows ahead of me. We became fast friends and carpooled often. The summer of 2014 was a World Cup year. The Crew were going through a slump. I believe they won 1 in 16 or something like that. I went with my church friend to the U.S. Open Cup match against Indy Eleven at First Energy Stadium in Akron. This game was a blast! The intimate setting where you could hear everything the players were saying was exciting. That match goes down as one of my top 5 crew moments.

In that match, Bedell had been sent off (after Chris Penso as 4th official told the center ref to rescind a yellow and go with a straight red) and Paladini had received a red card for what looked like a punch. At midfield, Finlay was taken out pretty a horrible tackle. No call. Finlay comes running to the AR, who was literally 5-10 feet directly in front of where we were sitting in the second row. Finlay points his two fingers at his own eyes and says something to the effect of, "You have eyes! Use them! Are you watching the game?!" I was so impressed that somebody on the team was finally displaying passion, that I tweeted this:

 

Finlay was kind of unknown at this point, because he had only started 2 games. But I was excited about his speed and passion. We needed a lot more of that on the team, because it seemed like nobody cared.

For season ticket renewal for 2015, the Crew ran a promotion that you could take a picture with your favorite player. I am blessed to have worked with Matt Lampson on LampStrong. I already had a picture with him, so I chose the new and rising star, Mr. Finlay.

 




Now here's where I'm going to be misunderstood. Crew used to do "Autograph Alley" where 5 or so players would sign autographs after certain games. Finlay was at one of the games and when I got up to the line, he said "Hey Todd!" To reiterate, it's not that I feel entitled to be recognized, or that I desire to be recognized, it's who Ethan is as a person, and who many of the players on this team are and what the Crew are as a club, that makes it so exciting.

I asked him if he had any nicknames in college like roadrunner, and he responded, "No, but I like that."

Some talented fellow fans designed, traced, and helped me paint a sweet banner to commemorate that nickname.

So is Finlay having the best 2016 season? No. But he always gives 113%. He has drive and passion. And you can tell he cares. Will he right the ship? I'm believe that he will. I know that he definitely will never stop trying.

Sports players are human beings, too, not commodities. Sometimes we often forget this as we trash players.

Whether Ethan stays or goes on to Europe, he will always be a major part of why I am Columbus 'Til I Die. I'll be old and gray and he'll no longer be on this team.  He'll probably be broadcasting games! I'll hopefully have kids who will have favorite players that make them interested in soccer and the Crew! My church friends, my co-workers, and my family of fans keep me going to matches. The players on the field are also part of that. Columbus Crew is special. I love that I get to be a part of this small market team.  

So for all of the jokes I endure, for his play on the field and for who he is as a person, that's why Ethan Finlay is my favorite soccer player.