Bills Stadium Sued! How Will the Supreme Court Act?

In March 2024, a group of activists filed a petition for the writ of certiorari in which they asked the United States Supreme Court to invalidate New York State’s financing of the Buffalo Bills’ new stadium. This lawsuit poses a problem because the funds have been appropriated and construction is well underway. This lawsuit, however, is the newest variation in a long line of attempts to invalidate state and municipal funding of private sporting venues based on either the state or federal constitution. This series seeks to explain the history behind these lawsuits and summarize the legal precedents that have been established within New York to allow the indirect funding of municipally or state owned stadiums and arenas dedicated for use by professional sports teams. This series concludes with an evaluation of this activist suit and its likelihood of success at the Supreme Court.

Part I will summarize the cause of the current lawsuit – specifically the construction of the new Buffalo Bills stadium. This section will summarize the financial obligations that  New York State, Erie County, and the team will have in building the new stadium. Parts II will then discuss the two main provisions in the New York State Constitution that plaintiffs have historically relied upon in their attempts to invalidate state  and municipal  funding  of projects that benefit private entities. These constitutional provisions prohibit the use of state  and municipal funds for use as gifts or loans to private entities and in some instances to other public entities. Part IV and V will then evaluate the legal precedent within New York that allows the use of state and municipal funds for private projects despite the Constitution’s apparent bar on such actions. Here, caselaw and legislative action will show that state and municipal funds can be directed through public benefit corporations to help aid private companies. This paper concludes with Part VI, which reviews the plaintiffs’ federal argument that seeks to void the financing of the current Buffalo Bills’ construction project.

            Stay tuned to see if the Supreme Court will side with the plaintiffs and halt the construction of the Bills Stadium!