Testimony of Senator Paul D.Wellstone

House Judiciary Committee Hearings on H.R. 3288

“Fairness in Antitrust in National Sports (FANS) Act of 2001"

December 6, 2001

Mr. Chairman and Members of the Committee, I want to thank you for so promptly holding hearings on the “Fairness in Antitrust in National Sports (FANS) Act of 2001.” As you know, along with Senators Dayton and Harkin, I introduced the companion measure to this bill in the Senate, S. 1704. I am hopeful we will hold hearings in the Senate when we return in January.

The goal of this legislation is to limit major league baseball’s antitrust exemption as it relates to decisions to eliminate or relocate a major league baseball team. This is an important bill, made necessary by major league baseball owners’ unfortunate decision last month to eliminate two teams. As you know, the Minnesota Twins are prominently mentioned as one of the two teams, along with the Montreal Expos, to be eliminated.

Mr. Chairman and Members of the Committee, I have said on other occasions that I think this so-called “contraction” decision by major league baseball is a betrayal by owners who have put their own profits before loyalty to fans and their communities.

Let me tell you a little about the team and the community placed at risk by the owners’ recent actions. The Minnesota Twins are a vibrant, vital team – a team that strikes incredible loyalty in the hearts of Minnesota fans -- indeed of fans all over the Upper Midwest.

To be sure, Minnesota is a so-called “small market” team. But nonetheless it is a team that has thrived and is thriving now:

            •          Since 1961, the Minnesota Twins have played in 3 world series and won two

            •          Minnesota was the first American League team to draw 3 million in attendance over a season – that happened in 1988

            •          Last season we fielded a team that finished second in their division and drew 1.8 million fans

            The 2001 season that just ended was a phenomenal one for the Twins. This past year we:

            •          Won 85 games, holding or sharing a portion of first place in the American League Central division from opening day until mid-August. Indeed, this upstart team could not be beat right up to the All Star Game.

            •          Finished in the top seven in the American League in all major team statistical categories [batting (4^th), pitching (7^th), and fielding (5^th)]

            •          Showed the fifth largest increase in Major League Baseball in victories (69 in 2000 to 85 in 2001) while maintaining the league’s lowest payroll and Major League Baseball’s lowest average ticket price heading into the 2002 season

            •          Had 46 crowds of 20,000-plus in 2001 compared with 10 in 2000

            •          Had 15 crowds of 30,000-plus in 2001 compared with 5 in 2000

            •          Had increased attendance of 723,211 which ranked first in the American League and second only to the Milwaukee Brewers in Major League Baseball

            •          Finished the season with an average attendance of 22,287, the team’s highest average attendance figure since 1994

            •          Increased cable television ratings by 161%, the largest yearly gain of any major league baseball team – the highest in team history on its licensed regional sports network carrier

            •          Increased over-the-air television ratings by 105% - our highest over-the-air ratings since 1996

This is a team the owners want to eliminate? I think not.

Mr. Chairman and Members of the Committee, our country has tremendously urgent priorities. We have the war in Afghanistan, the war against terrorism, and our urgent need for economic stimulus legislation to keep our nation from plummeting even further into recession. The decent thing for the owners to have done would have been to postpone this decision at least for a year. Unfortunately, however, major league baseball owners did not give us a choice on timing. They picked a particularly inauspicious time to announce their unilateral, short-sighted and self-serving decision, so we must respond.

There is no choice frankly but to urge quick consideration of this legislation. We must act as soon as possible to hold major league baseball owners accountable for their decisions.

Last month Senator Dayton and I wrote to the President asking for his help. We noted that achieving Congressional action on this legislation will be exceedingly difficult in view of other urgent legislative issues facing Congress and the Administration. We urged him, therefore, to weigh in on this. With the help of the Administration, I truly believe we can push this measure forward and give the owners some pause about what they are doing.

Again, Mr. Chairman. Thank you for these prompt hearings. I look forward to working with you and the Committee on this important legislation.

Thank you.